Croatia: Position of Croatian military regarding mandatory service for ethnic Croats; whether Croat Jehovah's witnesses are able to avoid military service or do some form of alternative service on religious grounds; if so, requirements they must meet to do so and the types of alternative service they would be permitted to accomplish; whether a Jehovah's Witness who left Croatia before receiving his draft notice in 2001 would be punished for draft evasion upon his return to Croatia
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 18 December 2001 |
| Citation / Document Symbol | HRV38202.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Croatia: Position of Croatian military regarding mandatory service for ethnic Croats; whether Croat Jehovah's witnesses are able to avoid military service or do some form of alternative service on religious grounds; if so, requirements they must meet to do so and the types of alternative service they would be permitted to accomplish; whether a Jehovah's Witness who left Croatia before receiving his draft notice in 2001 would be punished for draft evasion upon his return to Croatia, 18 December 2001, HRV38202.E, available at: https://www.refworld.org/docid/3df4be3b1c.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided in a June 2001 Question and Answer overview on conscription in Croatia published on the European Bureau for Conscientious Objection (EBCO) Website by the Group for Conscientious Objection, which operates under an umbrella organization in Zagreb called Antiwar Campaign Croatia (ARK).
In order to be recognized as a conscientious objector, a Croatian citizen must file a written application to the Commission for civil service at the Ministry of Justice. The applicant must provide an explanation on moral and/or religious grounds for his conscientious objection. A 90-day time limit for such an application was declared unconstitutional and no longer applies.
The Croatian Defence Law provides for a substitute to military service. This service consist of duties that may be accomplished in the armed forces that do not require the use of weapons, or other duties in legally recognized institutions such as hospitals, social and state institutions, including work with people with special needs. The duration of the alternative service is eight months. Conscientious objectors are no longer required to serve inside military barracks.
On whether a Croatian citizen of Croatian origin, who is a Jehovah's
Witness, can avoid military service on religious grounds, the Coordinator of Antiwar campaign Cratia (ARK) stated in 14 December 2001 correspondence that:
Yes. According to our Constitution (article 47, 1992.) anyone who does not want to serve in the army, can apply for alternative service on moral and religious grounds. Until 1997, the alternative service was still carried out within the army barracks (without arms!), which is contradictory of course, but this happened because there is no separate law for alternative service yet, and the regulations for alternative service at the time were not very organised or clear. But finally since 1997 alternative service is carried out in civilian (mostly government) institutions.
On requirements for a Jehovah's Witness to accomplish alternative service and the types of alternative service required from a Jehovah's Witnesses in Croatia, the AKR coordinator stated that:
The requirements for alternative service are that one applies (few documents to be filled out) The person has to write a short explanation on which grounds (moral or/and religious) he does not want to serve in the army, adds his biography, fills out a form with some basic information. Within 3 months the Ministry of Justice is obliged to reply (either positive or negative) to each request. Practice shows that 99 % of requests for alternative service are approved, only those persons who are proven to have weapons at home or have a bad criminal record are denied the request. There are no 'types' of alternative service. All people who applied for alternative service and who got it approved, are treated the same way, regardless of moral or religious reasons. This means that they are sent to institutions (there is a list of institutions where people are serving alternative service) and the person can actually request a specific institution according to his abilities/education/preferences. The ministry tries to indulge these requests, although there is a shortage of institutions (compared with the number of people who applied for alternative service) where they can be sent to, so sometimes they send you someplace else (ibid.).
On whether a Croatian Jehovah's Witness who left Croatia before receiving
his notice for military service in 2001 be prosecuted or punished upon his return to Croatia, the ARK Coordinator stated that:
Yes, probably, if he passed the age of 27. This would apply to anyone, not just Jehovah's Witnesses. It is because according to the Croatian Defense law, one has to start serving the military service till (or latest at) the year when he turns 27 (ibid.).
The following information on ARK is provided on the Website of the 1998 War Resister's International 22nd Triennial Conference in Porec, Croatia:
ARK stands for the protection of human rights and the development of human liberties. It rejects violence, and especially war, as a method of conflict transformation among individuals, groups and states. ARK works against the militarisation of society by promoting non violence.
ARK is currently working in establishing communication in post-war areas, such as Lika, Kordun, and Slavonija, while simultaneously encouraging the normalisation process through their work with the media. By supporting citizens initiatives in urban and rural areas, the ARK network helps build an autonomous civil society in Croatia (n.d.).
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 to refugee status or asylum. Please find below the list of sources additional consulted in researching this Information Request.
References
Antiwar Campaign Croatia (ARK), Zagreb. 14 December 2001. Correspondence from Coordinator.
The Group for Conscientious Objection, Zagreb. June 2001. "Conscription and Conscientious Objection in Croatia."
War Resister's International (WRI). "War Resister's International 22nd Triennial Conference in Porec, Croatia."
Additional Sources Consulted
IRB databases
LEXIS/NEXIS
Internet sources including:
European Bureau for Conscientious Objectors (EBCO)
War Resister's International (WRI)
World News Connection (WNC)
Oral Sources:
Embassy of the Republic of Croatia, Washington, DC. Office of the Military Attaché.
