Resolution CM/ResCMN(2017)3 on the implementation of the Framework Convention for the Protection of National Minorities by Croatia

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as "the Framework Convention"),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;[1]

Having regard to the instrument of ratification submitted by Croatia on 11 October 1997;

Recalling that the Government of Croatia transmitted its State report in respect of the fourth monitoring cycle under the Framework Convention on 11 September 2014;

Having examined the Advisory Committee's fourth opinion on Croatia adopted on 18 November 2015;

Adopts the following conclusions in respect of Croatia:

The authorities are invited to take account of the observations and recommendations contained in Sections I and II of the Advisory Committee's fourth opinion. In particular, they should take the following measures to improve further the implementation of the Framework Convention:

Recommendations for immediate action[2]

Ø Prioritise attention to minority rights as an integral part of human rights in the government agenda and develop, in close consultation with minority representatives, effective mechanisms to ensure that persons belonging to national minorities can enjoy their rights without negative consequences resulting from that choice;

Ø Systematically and promptly condemn all instances of nationalist and anti-minority rhetoric in the public and political discourse and the media, and ensure that all cases of hate crime and hate speech are effectively investigated and sanctioned, including in respect of the concern expressed in paragraph 48 of the Advisory Committee's opinion;

Ø Prioritise the development and revitalisation of State assisted areas that are mainly inhabited by especially disadvantaged persons belonging to national minorities, in particular returnees (in line with the concern expressed in paragraphs 24 and 92 of the opinion) and Roma,[3] through targeted investments in infrastructure and employment opportunities.

Further recommendations[4]

Ø Ensure that the right to free self-identification is understood and applied, including with respect to multiple affiliations, in all data collection exercises and closely consult with minority representatives when analysing the qualitative and quantitate results, in particular when relevant for the enjoyment of minority rights;

Ø Provide adequate political and financial support to the Office of the Ombudsman and proactively promote awareness of the antidiscrimination standards within the judiciary and amongst society, particularly amongst the most disadvantaged;

Ø Proactively address the inequalities experienced by persons belonging to national minorities, in particular Serb and Roma, when accessing their rights, including in the justice system; develop a clear methodology for the collection of disaggregated data to obtain a comprehensive assessment of the access to rights situation and design effective measures for the promotion of equal opportunities;

Ø Increase available support for the promotion of cultural activities of national minority associations, including through the Council for National Minorities, while paying attention to their diversity, and ensure that the promotion of minority cultures is firmly integrated into the broader cultural policy as a valued element of Croatia's diversity;

Ø Develop a comprehensive strategy to promote inter-ethnic dialogue and reconciliation and intensify efforts to promote respect towards diversity in society generally, particularly through enhanced intercultural education and the work of the public broadcaster;

Ø Raise public awareness of the legal remedies available against hate crime and hate speech and promote professional journalism and ethical behaviour in the media through targeted training activities;

Ø Increase support to minority language media, including independent and small media outlets, to promote a pluralist media environment and enhance the recruitment and training of persons belonging to national minorities in mainstream public broadcasting;

Ø Raise awareness in society of Croatia's international and national legal obligations towards national minorities, and take adequate measures, including promoting close consultations among local authorities with representatives of minorities and the majority to implement effectively the right to use minority languages and scripts at local level in line with the domestic legal framework;

Ø Ensure that all school curricula and textbooks reflect the diversity of Croatia and that teachers are effectively trained in accommodating diversity and promoting intercultural respect in the classroom; consult closely with national minority representatives on all questions related to minority language education, including through modern bi- and multilingual methodologies and in integrated environments;

Ø Enhance opportunities for persons belonging to national minorities, including women, to participate effectively as integral members of Croatian society in decision-making processes at central and local level; prioritise the recruitment of persons belonging to national minorities into public services, including law enforcement and the judiciary;

Ø Revise the National Roma Inclusion Strategy in line with the evaluation conducted and pay increased attention to its implementation by enhancing co-operation among all line ministries and allocating adequate resources; closely involve Roma representatives at all levels, including in the development and implementation of a new action plan.

[1] In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: "Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour".

[2] The recommendations below are listed in the order of the corresponding articles of the Framework Convention.

[3] The term "Roma and Travellers" is used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term "Gens du voyage", as well as persons who identify themselves as Gypsies.

[4] The recommendations below are listed in the order of the corresponding articles of the Framework Convention.