Croatia: Treatment of ethnic Serbs and available state protection (2003-2005)

Country Reports 2004 provides extensive information on the treatment of ethnic Serbs in Croatia (28 Feb. 2005). It states: "Occasional violence continued toward ethnic minorities, particularly Serbs and Roma; some faced serious discrimination" (Country Reports 2004 28 Feb. 2005, Intro). Furthermore, "NGOs and individuals reported sporadic police abuse and discriminatory treatment demonstrated toward ethnic minorities" (ibid., Sec. 1c). And though minorities are constitutionally protected against discrimination, "in practice, a pattern of open and sometimes severe discrimination continued against ethnic Serbs and Roma" (ibid., Sec. 5). "In several areas, including in administration of justice, employment, housing, and freedom of movement, ethnic Serbs were discriminated against ... [and] ... in war-affected regions continued to be subject to harassment" (ibid.).

Sources estimate the number of ethnic Serbs who left Croatia during the 1991 - 1995 conflict to be anywhere from 200,000 (AP Worldstream 1 Feb. 2005; Reuters News 13 Aug. 2004; USCRI 26 Jan. 2005) to around 300,000 or 350,000 (AI 14 Sept. 2005; Christian Science Monitor 26 July 2004; Civilitas Research 19 July 2005; HRW 15 Jan. 2005; OSCE 10 Nov. 2005). The number of ethnic Serbs who have subsequently returned to Croatia also varies: 70,000 (AP Worldstream 1 Feb. 2005), 88,200 (USCRI 26 Jan. 2005), 110,000 (Reuters News 13 Aug. 2004), 112,162 (HRW 15 Jan. 2005), 115,000 (AI 14 Sept. 2005; Civilitas Research 19 July 2005), 122,000 (OSCE 10 Nov. 2005) and up to 137,000 (Christian Science Monitor 26 July 2004).

In its annual report for 2005, Freedom House indicated that "[a]ccording to international monitoring organizations, Croatia continues to fail to live up to obligations, stemming from its accession to the Council of Europe in 1996, to adopt nondiscriminatory laws relating to ethnic minorities" (11 Aug. 2005, 175). According to Amnesty International (AI), "[s]ome cases of violence and harassment against Croatian Serbs continue to be reported" (14 Sept. 2005). The International Helsinki Federation (IHF) reported that the overall situation of human rights had improved in Croatia, "[h]owever, the situation of the Serb and Roma minorities remained deplorable. Although the government had good intentions, it did not take enough concrete measures to prevent discrimination against Serbs" (27 June 2005, 9). Also according to the IHF, the population has "deep resentment and animosity" with respect to ethnic Serbs (IHF 27 June 2005, 9). According to one source, the Ministry of Interior reported that there were 50 attacks against Serbs in Croatia during 2005 (Courrier des Balkans 17 Jan. 2006). The source then reports that the president of the Croatian Helsinki Committee (CHC), commenting on the increase of these attacks from prior years, suggested human rights in Croatia had deteriorated (ibid.).

While both the United Nations High Commissioner for Refugees (UNHCR) and the European Commission (EC) indicate that the situation of ethnic minorities in Croatia has improved (UN 5 Aug. 2005; EC 9 Nov. 2005, 22), the EC does mention that ethnic Serbs still face difficulties with regard to employment discrimination, citizenship and housing issues when they return to Croatia (ibid., 21-22). Amnesty International, in its summary of regional concerns for the period of July to December 2004, mentions the "disappearances" of Croatian Serbs allegedly at the hands of the police forces and the Army and reports that associations representing the families of the missing deem "the efforts by the Croatian authorities to clarify the fate and whereabouts of missing Croatian Serbs [to be] largely insufficient, leading to considerable delays" (1 Sept. 2005).

Treatment by the government

The U.S. Committee for Refugees and Immigrants (USCRI) states that "[t]he government continued to prosecute Serbs more aggressively than Croats for war crimes" (26 Jan. 2005). Similarly, Country Reports 2004 stated: "Although the number of individuals facing war crimes prosecution during [2004] decreased ... the majority of defendants remained ethnic Serbs" (28 Feb. 2005, Sec. 1e). Also according to Country Reports 2004, ethnic discrimination with regard to judiciary appointments was a continued concern of Serb leaders and the conviction rates for war crimes continued to differ depending on ethnicity: "67 per cent of all ethnic Serbs were found guilty, whereas only 25 per cent of Croats were found guilty" (28 Feb. 2005, Sec. 1e). In addition, the same source reported that "several ethnic Serb defendants convicted in absentia or at non-transparent trials continued to be held in detention for extended periods while their appeals progressed slowly through the overburdened judicial system" (Country Reports 2004 28 Feb. 2005, Sec. 1d).

Discrimination based on ethnicity is also reported with regard to the requirements for obtaining citizenship (ibid., Sec. 2d). Specifically,

"[t]he Citizenship Law and electoral legislation grant citizenship, and thereby the right to vote, on purely ethnic grounds to ethnic Croats abroad with no genuine link to the country; however, in 2000, the Government failed to ensure that many Croatian Serbs, who fled in 1995 and who wished to assume the responsibilities of citizenship, could document their citizenship in order to vote and ultimately to return. At year's end [2004], the law still had not been amended to rectify this problem and create equal citizenship regardless of ethnicity (ibid., Sec. 3).

The source goes on to report that a National Minorities Council was established in 2004 to advise local government on policy matters pertaining to minorities, however, "these local minority councils remained under-funded and not fully engaged" (ibid.). On 15 November 2004, the Prime Minister of Croatia, Sanader, and the Prime Minister of Serbia, Kostunica, signed an Agreement on the mutual protection of minorities (ibid.; OSCE 9 – 25 Nov. 2004). This agreement "introduces new guarantees and improves existing ones in addition to reaffirming guarantees provided in the 2002 Constitutional Law on the Rights of National Minorities (CLNM) and other laws" (ibid.).

Although the government adopted the CLNM in December 2002 (EC 9 Nov. 2005, 20), which "provides for the establishment of consultative bodies composed of ethnic minority members at the municipal and county level" (IHF 27 June 2005, 9), the European Commission and the Organization for Security and Co-operation in Europe (OSCE) stated that problems remain in its implementation (EC 9 Nov. 2005, 20; OSCE 18 Oct. 2005).

Situation of Returnees

Many sources report that Serb refugees returning to Croatia encounter many problems, particularly as to the restitution of their property (OSCE 10 Nov. 2005; ibid. 29 July 2005; Civilitas Research 19 July 2005; AI 1 Sept. 2005; EC 9 Nov. 2005; Freedom House 17 Oct. 2005; AFP 4 Aug. 2005; HRW 15 Jan. 2005; IWPR 4 Aug. 2005; ECRI 17 Dec. 2004; Croatian Radio 11 Oct. 2004; Christian Science Monitor 26 July 2004). One newspaper reports that "[r]eturnees face daunting obstacles. Many of their homes have been destroyed or occupied by others, unemployment is high, and there is little infrastructure in the rural areas where a third of the population was once Serb and ethnic tensions still linger" (ibid.). Another source indicates that "only 30 per cent of Serb refugees have returned to their pre-war homes, mostly in rural areas. Major problems remain for those who wish to return to the towns and cities" (Civilitas Research 19 July 2005). Ethnic Serbs are reluctant to return to Croatia because they fear discrimination, harassment and hostility from the Croatian population and authorities, because they fear attacks by extremists or prosecution for war crimes, and because of the lack of restitution for lost, damaged or occupied property (ECRI 17 Dec. 2004, Para. 101; AFP 4 Aug. 2005; EC 9 Nov. 2005, 22; Country Reports 2004 28 Feb. 2005, Sec. 2d; Civilitas Research 19 July 2005). Human Rights Watch (HRW) reports that the government of Croatia has "returned 1,800 houses to their owners in the first seven months of 2004, with only 1,700 occupied houses still to be vacated" (15 Jan. 2005), whereas a Croatian Radio report alleges "Croatia is buying off more property from Serbs than it is returning to them" (11 Oct. 2004).

Numerous sources report that ethnic Serbs who possessed tenancy rights in socially owned property before fleeing Croatia have now lost those tenancy rights (HRW 15 Jan. 2005; Civilitas Research 19 July 2005; Freedom House 17 Oct. 2005; OSCE 10 Nov. 2005; ibid. 29 July 2005; AI 1 Sept. 2005; IWPR 4 Aug. 2005; Country Reports 2004 28 Feb. 2005, Sec. 1e and 2d). Many ethnic Serbs lived in apartments or houses that were owned by the state or by state enterprises and possessed occupancy/tenancy rights (OTR) (Civilitas Research 19 July 2005). OTR holders were "conferred many of the same rights as private ownership, the main difference was that the occupants/tenants first had to privatise – buy their flats for a symbolic price – before being allowed to sell them. For various reasons many people failed to do this" (ibid.). Sources indicate that residents of approximately 30,000 mostly Serb households lost their OTR when they fled Croatia (ibid.; OSCE 29 July 2005; ibid. 10 Nov. 2005; Freedom House 17 Oct. 2005; IWPR 4 Aug. 2005).

The OSCE reports that Croatia is trying to terminate the rights of Serb OTR holders, even in cases where they were forcibly evicted by police or military forces during the conflict, and no alternative housing solution has been implemented (29 July 2005, 4-5). One source indicated that "by 2003, not a single OTR property had been returned" (Civilitas Research 19 July 2005).

Although in July 2000 and in June 2003 two regionally specific programs had been adopted by the authorities (OSCE 19 Aug. 2004) to provide alternative housing to OTR holders, "in the eyes of the international community and NGOs, these programmes have so far produced no visible results and have not yet been genuinely implemented" (ECRI 17 Dec. 2004, Para. 117). While the U.S. Committee for Refugees and Immigrants estimates that the implementation of the latter program allowing OTR holders to apply for public housing should be completed in 2006 (26 Jan. 2005), the OSCE reports delays owing to "financial constraints and administrative shortcomings" (OSCE April 2005).

The case of Blecic v. Croatia, in which Ms. Blecic, an ethnic Serb whose OTR were terminated by the Croatian courts, is illustrative of the limits of the rights of OTR holders to reacquiring property (AI 14 Sept. 2005; HRW 15 Jan. 2005; OSCE 29 July 2005, 5; ibid. 10 Nov. 2005, 7). Ms. Blecic left her apartment in Zadar, Croatia in July 1991 to visit her daughter in Italy and did not return until May 1992 because of the armed conflict (AI 14 Sept. 2005). Upon her return, she found her apartment illegally occupied by an ethnic Croat family (ibid.). In October 1992, Ms. Blecic's tenancy rights were terminated by the Zadar Municipal Court because she had been absent from her property for more than 6 months (ibid.; COE 14 Sept. 2005). In 1996, the Supreme Court found that the reasons Ms. Blecic submitted to explain her absence were not justified and upheld the previous termination of occupancy rights (ECHR 29 July 2004). Ms. Blecic then made an appeal to the Croatian Constitutional Court, who rejected it in November 1999 (ibid.; AI 14 Sept. 2005).

Ms. Blecic further appealed to the European Court of Human Rights (ECHR) in 2000 and a decision was rendered in July 2004 (COE 14 Sept. 2005). The ECHR stated that Ms. Blecic's rights had not been violated and that "the contested decisions were based on reasons which were not only relevant but also sufficient for the purposes of paragraph 2 of Article 8 [of Protocol No. 1]. It cannot be argued that the Croatian courts' decisions were arbitrary or unreasonable, or that the solution they reached ... was manifestly disproportionate to the legitimate aim pursued" (ECHR 29 July 2004). The case of Blecic v. Croatia was then brought on appeal to the Grand Chamber of the ECHR, who held a hearing on 14 September 2005 (COE 14 Sept. 2005). However, as at 15 December 2005, the case is still pending before the Grand Chamber (ECHR 15 Dec. 2005). Amnesty International reported that judicial terminations of OTR were "in the vast majority of cases strictly applied only against Croatian Serbs" and criticized the Croatian government for having "failed to take into consideration the circumstances of the war which may have prevented Croatian Serbs from remaining in their flat" (14 Sept. 2005).

Regarding temporarily or illegally occupied homes, a source reports that "[a]pproximately 1,750 mostly ethnic Serb property owners, who fled homes that were later occupied by ethnic Croats, were unable to access their property" (Country Reports 2004 28 Feb. 2005, Sec. 1e). It also states that "property restitution improved, although the Government continued to give preference to the rights of temporary occupants, mostly ethnic Croats, over those of the legal owners" (ibid., Sec. 2d). The European Commission against Racism and Intolerance (ECRI) reported that human rights NGOs also found the restitution process more favourable toward occupants than owners (17 Dec. 2004, Para. 112). On the other hand, the OSCE indicates that only 338 private residential properties belonging to ethnic Serbs remain occupied by Croats out of the 19,500 which had been allocated, mostly to Bosnian Croats and Croatian settlers, for temporary use in 1995 and afterwards (10 Nov. 2005, 8). However, the OSCE also reported that in situations of residential repossession, dwellings have been destroyed or looted to the point of inhabitability (29 July 2005, 7; Country Reports 2004 28 Feb. 2005, Sec. 1e and 2d; ECRI 17 Dec. 2004, Para. 112).

HRW states that "reconstruction of damaged or destroyed Serb homes in Croatia has continued at a satisfactory pace" (15 Jan. 2005). According to the OSCE, "Croatian Serb applicants have been the main beneficiaries of the State reconstruction programme for residential properties" (10 Nov. 2005, 7). However, the OSCE also reported that less than 30 per cent of applicants were deemed eligible for this reconstruction programme (29 July 2005, 5). The fact that since 2003 most beneficiaries for reconstruction assistance have been ethnic Serbs but that the number of rejections of claims remained high is corroborated by the ECRI's Third Report on Croatia (17 Dec. 2004, Para. 109).

Croatia was accepted as a candidate for the European Union (EU) in June 2004 yet negotiations for accession were postponed in March 2005 owing to the country's degree of uncooperativeness with the International Criminal Tribunal for the Former Yugoslavia (EurActiv 15 Nov. 2005). On 3 October 2005, the EU reopened accession talks with Croatia (ibid.). In its first progress report on Croatia, the EU reported that while the situation of minorities is improving, ethnic Serbs are still subject to discrimination and progress with regards to housing for former OTR holders is weak (9 Nov. 2005, 1).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 4 August 2005. "Ten Years On, Croatian Serb Refugees Have No Hope of Return." (Factiva)

Amnesty International (AI). 14 September 2005. "Croatia: European Court of Human Rights to Consider Important Case for Refugee Returns." (EUR 64/003/2005) [Accessed 19 Dec. 2005]
_____. 1 September 2005. "Europe and Central Asia: Summary of Amnesty International's Concerns in the Region: July – December 2004." (EUR 01/002/2005) [Accessed 19 Dec. 2005]

Associated Press Worldstream (AP Worldstream). 1 February 2005. Samir Krilic. "International Community Representative in Bosnia Welcome Efforts of Three Former Yugoslav Republics to Solve Continuing Refugee Problem." (Dialog)

The Christian Science Monitor [Boston]. 26 July 2004. Elizabeth Gettelman and Vedran Horvat. "Serb Refugees Return to Their Homeland." (Dialog)

Civilitas Research [Nicosia, Cyprus]. 19 July 2005. Biljana Radonjic. "Croatia: The Continuing Problem of Property Restitution." [Accessed 19 Dec. 2005]

Council of Europe (COE). 14 September 2005. "Grand Chamber Hearing – Blecic v. Croatia." [Accessed 10 Jan. 2006]

Country Reports on Human Rights Practices for 2004. 28 February 2005. United States Department of State. [Accessed 16 Dec. 2005]

Le Courrier des Balkans [Arcueil, in Croatian]. 17 January 2006. Drago Hedl. "Les Serbes ne sont toujours pas les bienvenus en Croatie." (Osservatorio sui Balcani) [Accessed 31 Jan. 2006]

Croatian Radio [Zagreb, in Croatian]. 11 October 2004. "Serb Leader Accuses Croatia of Hampering Return of Property to Refugees." (BBC International Reports/Dialog)

EurActiv.com. 15 November 2005. "Progress Report Prods Crotia on Reforms." [Accessed 22 Dec. 2005]

European Commission (EC). 9 November 2005. "Croatia: 2005 Progress Report." [Accessed 19 Dec. 2005]

European Commission Against Racism and Intolerance (ECRI). 17 December 2004. "Third Report on Croatia." [Accessed 19 Dec. 2005]

European Court of Human Rights (ECHR). 15 December 2005. "Cases Pending Before the Grand Chamber." [Accessed 10 Jan. 2006]
_____. 29 July 2004. "Case of Blecic v. Croatia." [Accessed 10 Jan. 2006]

European Union (EU). 9 November 2005. "Key Findings of the 2005 Progress Reports on Croatia and Turkey." [Accessed 22 Dec. 2005]

Freedom House. 17 October 2005. "Croatia." Nations in Transit 2005. [Accessed 19 Dec. 2005]
_____. 11 August 2005. "Croatia." Freedom in the World 2005. [Accessed 19 Dec. 2005]

Human Rights Watch (HRW). 15 January 2005. "Croatia." World Report 2005. [Accessed 19 Dec. 2005]

Institute for War and Peace Reporting (IWPR). 4 August 2005. Massimo Moratti. "Comment: Croatian Serbs Await Return of Lost Homes." [Accessed 19 Dec. 2005]

International Helsinki Federation for Human Rights (IHF). 27 June 2005. "Croatia." Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004). [Accessed 19 Dec. 2005]

Organization for Security and Co-operation in Europe (OSCE). 10 November 2005. Mission to Croatia: Status Report No. 17 on Croatia's Progress in Meeting International Commitments Since July 2005. [Accessed 19 Dec. 2005]
_____. 18 October 2005. Mission to Croatia. "Implementation of Croatian Constitutional Law on National Minorities Must Improve, OSCE Conference Assesses." [Accessed 20 Dec. 2005]
_____. 29 July 2005. Mission to Croatia Headquarters: Background Report on Refugee Return in Croatia and the Status of Implementation of the January 2005 Sarajevo Ministerial Declaration on Refugee Returns. [Accessed 19 Dec. 2005]
_____. April 2005. Mission to Croatia: Access to Housing for Refugees. [Accessed 2 Feb. 2006]
_____. 9 – 25 November 2004. Mission to Croatia: News in Brief. [Accessed 19 Dec. 2005]
_____. 19 August 2004. Mission to Croatia Headquarters: Background Report: Ruling by the European Court of Human Rights on the Blecic v. Croatia Case. [Accessed 2 Feb. 2006]

Reuters News. 13 August 2004. "Croatia Pledges to House Homeless Serbs." (Factiva)

United Nations (UN). 5 August 2005. UN High Commissioner for Refugees (UNHCR). Neven Crvenkovic. "Home Again, 10 Years After Croatia's Operation Storm." [Accessed 19 Dec. 2005]

U.S. Committee for Refugees and Immigrants (USCRI). 26 January 2005. "Country Report: Croatia." World Refugee Survey 2004. [Accessed 19 Dec. 2005]

Additional Sources Consulted

Internet sites, including: Asylum Law, The Centre for SouthEast European Studies, Croatian Helsinki Committee for Human Rights (CHC), European Centre on Minority Issues, European Country of Origin Information Network, Factiva, Hina News Line, International Crisis Group, Journal on Ethnopolitics and Minority Issues in Europe (JEMIE), Minorities at Risk, Minorities Rights Group International, Minority Electronic Resources (MINELRES), Project on Ethnic Relations (PER), Serb National Council.