Newsroom
Five-year report on Croatia presented to the media
ZAGREB 5 June 2001
ZAGREB, 5 June 2001 (OSCE) - Bernard Poncet, Head of the OSCE Mission to Croatia, presented a five-year report on Croatia's progress in meeting its international commitments to the media today. During a press conference, he gave the following statement:
"Let me say a few words first of all about the preparation of this report. This Mission was tasked to prepare this five-year report following a decision by the Permanent Council on Croatia's suggestion. Its purpose was to review the progress achieved by Croatia in meeting its international commitments since the beginning of the OSCE Mission in April 1996 and to adjust the structure of the Mission accordingly. The Mission found this exercise as particularly useful because it required us to step back and take the long view of events and look at the situation in Croatia from a broader perspective than the normal four months intervals of the progress reports. In the process we could see significant accomplishments and, of course, also what remains to be done.
"While making that assessment we could not overlook the difficult problems that the present Croatian administration inherited upon coming to office which undoubtedly have had an effect on the speed and effectiveness with which those problems have been addressed. It is evident to the Mission that the new government has found itself confronted by a complex legacy of political, legal, administrative, and institutional arrangements which have hampered rapid reform.
"The Mission believes, based on its experience over the past 18 months, that both the International Community and the Croatian Government initially seriously underestimated the amount of effort required to deal with the key issues covered by the mandate. Paramount issues such as the sustainable return of the Croatian Serb citizens, the resolution of the extremely complex property issue, the reform of the judicial system and the application of the rule of law, have posed major challenges to the government.
"It should not be too surprising, therefore, that work remains to be done in these areas. I will address these in more detail later in my remarks. Now I want to highlight some of the key areas of progress which have been made. The task set for the Mission in preparing this report was threefold: first, we were tasked to assess what has been achieved to date. Second, we had to determine what still is to be accomplished, and third we had to offer our assessment on the levels and structure of the Mission necessary to carry out its responsibilities under the present mandate.
"Starting from what has been achieved to date, our report documents significant progress since 1996 in terms of the fulfilment of the OSCE mandate in three areas. First allow me to mention the matter of free and fair elections. We have just witnessed nation-wide local elections, which were generally conducted in accordance with the OSCE commitments and Council of Europe Standards for democratic elections. Over the past 18 months the Mission has also observed and reported on numerous special local elections across the country, all of which were held without serious complaints. As the Mission compared conditions in Croatia today with five years ago, it was plainly evident that there is a much more open and democratic atmosphere than before, and the degree of freedom of the media has improved decidedly. This is neither a small nor unimportant development, but one which sometimes goes unreported because it involves a sense of the atmosphere in the country, and is not directly linked to specific events.
"Our report again singles out the continuing progress being made in area of police reform, initiated by the present government. Continued progress in this area has contributed to a growing sense of stability and security in the country. The police itself knows that there is still work to be done, and I am pleased to report that level of cooperation which marked the Mission's and the Police Administration in the past is continuing. On both the national and local level OSCE police monitors and advisors continue to play an important role in supporting Croatia's own reform and training programs. Finally, we have reported on the peaceful reintegration into Croatia of the portion of the Danube Region formerly under UNTAES administration. That portion of Croatia, like other war-affected areas of the country, still experiences serious problems stemming from the conflict. Despite a number of issues concerning the treatment of the Serb minority are still unresolved, progress been made in the past five years toward fulfilling the terms of the mandate which apply in that particular region.
"Having addressed the first part of our tasking, allow me now to turn to the second: areas where there remains work to be accomplished. The body of our report goes into some detail in order to provide guidelines or benchmarks which the government may find useful as a tool in setting its priorities and objectives for future action. Without question the most pressing issue to be addressed and resolved is the sustainable return to Croatia of its refugee Serb population. Only about 80,000 out of the more than 300,000 refugees who fled or were displaced in Croatia have been registered as having returned since 1995. Of these an undetermined number have left, after only a brief stay. Many of those who have returned continue to encounter difficulties with repossession of their private or socially owned property, reconstruction of destroyed housing, and with the convalidation of work related documents
"The government has declared that it supports the unconditional return of Serb refugees and displaced persons who wish to return and that there is no political bar to accomplishing that goal. In reviewing the situation throughout the country, the Mission has determined that the government, in support of its stated policy, must take practical administrative and legal steps to guarantee the effective right of unconditional return for all pre-war residents. To accomplish this goal the government must recognize the need for and adopt a comprehensive, transparent and functional legislative framework effecting property return, valid throughout the entire country (i.e. beyond the Areas of Special State Concern) which is in compliance with international standards.
"This legislative framework should provide for the expeditious repossession of occupied property by their legitimate owners. It should also provide for the resolution of lost occupancy/tenancy rights (stanarsko pravo), either through the return of apartments, allocation of other housing or through appropriate compensation. We believe that it is now time that this issue which hampers the potential returns on several thousands refugees be addressed. The report also notes that the government should actively enforce the full and equal administration of laws, regulations and policies at all levels of the administration including the Housing Commissions, to guarantee equal rights to members of the minorities, taking clear and appropriate disciplinary action when its policies are not respected.
"We recognize the important first steps taken by the government in the decisions made in Knin on March 29 and presented to the International Community on May 9 of this year. This is a good beginning, but we believe much additional work must be done to build on that beginning. Therefore the OSCE Mission stands ready to work with Government experts in order to help achieving the goals I just mentioned. In the realm of Legislative Reform, our report documents some important progress made by the government. It is critical that the Government and Parliament continue the programme of reform begun in 1997 to bring legislation into compliance with the European Convention for Human Rights. Some twelve important laws are still outstanding under this programme, including the Law on Associations, which among other things governs the establishment and operation of non-governmental organizations. Without its reform, the basis for establishing a widespread net of independent NGO's and a strong civil society will be seriously handicapped.
"Two closely related areas where progress must still be achieved involve the Administration of Justice and the Rule of Law. The term "rule of law" embodies the basic principles of equal treatment of all people before the law, fairness, and both constitutional and actual guarantees of basic human rights. Predictable legal and administrative systems with fair, transparent and effective judicial and administrative institutions remain essential to the protection of citizens against the arbitrary use of state authority and lawless acts both by individuals and organizations. To achieve this goal, more work must be done to improve the efficiency of the judiciary, the reduction of the number of pending cases, and the upgrading of the professional quality of the judiciary at all levels.
"The non-responsiveness of courts and administrative bodies to public appeals, and inequality in the application of the rule of law by local administrative bodies, particularly as these affect the sustainable return is one of the most common complaints registered with our Mission in the field. Improvement in this area requires discipline - including clear policy guidance at all levels of the governmental system - and training. Croatia's courts continue to suffer from a shortage of trained judges and personnel. This has contributed to a massive backlog of court cases, and unacceptable delays in the administration of justice, particularly in the war affected areas of the country, where some of the most pressing problems exist.
"Our report notes that after a long struggle during the first years of the Mission's mandate, the NGOs have now begun to make progress. The Mission has requested increased funds in order to develop a domestic capacity to monitor government activities once the OSCE and other international organizations have completed their mandates in the country. Let me now conclude by saying that while important progress was made in a number of areas, the tasks ahead are still significant. My feeling is that the sooner Croatia tackles these problems the better it will be in the light of its Euro-Atlantic aspirations."
--
For more information please contact Alessandro Fracassetti, Spokesperson, OSCE Mission to Croatia, tel. +385 1 309 66 20.
"Let me say a few words first of all about the preparation of this report. This Mission was tasked to prepare this five-year report following a decision by the Permanent Council on Croatia's suggestion. Its purpose was to review the progress achieved by Croatia in meeting its international commitments since the beginning of the OSCE Mission in April 1996 and to adjust the structure of the Mission accordingly. The Mission found this exercise as particularly useful because it required us to step back and take the long view of events and look at the situation in Croatia from a broader perspective than the normal four months intervals of the progress reports. In the process we could see significant accomplishments and, of course, also what remains to be done.
"While making that assessment we could not overlook the difficult problems that the present Croatian administration inherited upon coming to office which undoubtedly have had an effect on the speed and effectiveness with which those problems have been addressed. It is evident to the Mission that the new government has found itself confronted by a complex legacy of political, legal, administrative, and institutional arrangements which have hampered rapid reform.
"The Mission believes, based on its experience over the past 18 months, that both the International Community and the Croatian Government initially seriously underestimated the amount of effort required to deal with the key issues covered by the mandate. Paramount issues such as the sustainable return of the Croatian Serb citizens, the resolution of the extremely complex property issue, the reform of the judicial system and the application of the rule of law, have posed major challenges to the government.
"It should not be too surprising, therefore, that work remains to be done in these areas. I will address these in more detail later in my remarks. Now I want to highlight some of the key areas of progress which have been made. The task set for the Mission in preparing this report was threefold: first, we were tasked to assess what has been achieved to date. Second, we had to determine what still is to be accomplished, and third we had to offer our assessment on the levels and structure of the Mission necessary to carry out its responsibilities under the present mandate.
"Starting from what has been achieved to date, our report documents significant progress since 1996 in terms of the fulfilment of the OSCE mandate in three areas. First allow me to mention the matter of free and fair elections. We have just witnessed nation-wide local elections, which were generally conducted in accordance with the OSCE commitments and Council of Europe Standards for democratic elections. Over the past 18 months the Mission has also observed and reported on numerous special local elections across the country, all of which were held without serious complaints. As the Mission compared conditions in Croatia today with five years ago, it was plainly evident that there is a much more open and democratic atmosphere than before, and the degree of freedom of the media has improved decidedly. This is neither a small nor unimportant development, but one which sometimes goes unreported because it involves a sense of the atmosphere in the country, and is not directly linked to specific events.
"Our report again singles out the continuing progress being made in area of police reform, initiated by the present government. Continued progress in this area has contributed to a growing sense of stability and security in the country. The police itself knows that there is still work to be done, and I am pleased to report that level of cooperation which marked the Mission's and the Police Administration in the past is continuing. On both the national and local level OSCE police monitors and advisors continue to play an important role in supporting Croatia's own reform and training programs. Finally, we have reported on the peaceful reintegration into Croatia of the portion of the Danube Region formerly under UNTAES administration. That portion of Croatia, like other war-affected areas of the country, still experiences serious problems stemming from the conflict. Despite a number of issues concerning the treatment of the Serb minority are still unresolved, progress been made in the past five years toward fulfilling the terms of the mandate which apply in that particular region.
"Having addressed the first part of our tasking, allow me now to turn to the second: areas where there remains work to be accomplished. The body of our report goes into some detail in order to provide guidelines or benchmarks which the government may find useful as a tool in setting its priorities and objectives for future action. Without question the most pressing issue to be addressed and resolved is the sustainable return to Croatia of its refugee Serb population. Only about 80,000 out of the more than 300,000 refugees who fled or were displaced in Croatia have been registered as having returned since 1995. Of these an undetermined number have left, after only a brief stay. Many of those who have returned continue to encounter difficulties with repossession of their private or socially owned property, reconstruction of destroyed housing, and with the convalidation of work related documents
"The government has declared that it supports the unconditional return of Serb refugees and displaced persons who wish to return and that there is no political bar to accomplishing that goal. In reviewing the situation throughout the country, the Mission has determined that the government, in support of its stated policy, must take practical administrative and legal steps to guarantee the effective right of unconditional return for all pre-war residents. To accomplish this goal the government must recognize the need for and adopt a comprehensive, transparent and functional legislative framework effecting property return, valid throughout the entire country (i.e. beyond the Areas of Special State Concern) which is in compliance with international standards.
"This legislative framework should provide for the expeditious repossession of occupied property by their legitimate owners. It should also provide for the resolution of lost occupancy/tenancy rights (stanarsko pravo), either through the return of apartments, allocation of other housing or through appropriate compensation. We believe that it is now time that this issue which hampers the potential returns on several thousands refugees be addressed. The report also notes that the government should actively enforce the full and equal administration of laws, regulations and policies at all levels of the administration including the Housing Commissions, to guarantee equal rights to members of the minorities, taking clear and appropriate disciplinary action when its policies are not respected.
"We recognize the important first steps taken by the government in the decisions made in Knin on March 29 and presented to the International Community on May 9 of this year. This is a good beginning, but we believe much additional work must be done to build on that beginning. Therefore the OSCE Mission stands ready to work with Government experts in order to help achieving the goals I just mentioned. In the realm of Legislative Reform, our report documents some important progress made by the government. It is critical that the Government and Parliament continue the programme of reform begun in 1997 to bring legislation into compliance with the European Convention for Human Rights. Some twelve important laws are still outstanding under this programme, including the Law on Associations, which among other things governs the establishment and operation of non-governmental organizations. Without its reform, the basis for establishing a widespread net of independent NGO's and a strong civil society will be seriously handicapped.
"Two closely related areas where progress must still be achieved involve the Administration of Justice and the Rule of Law. The term "rule of law" embodies the basic principles of equal treatment of all people before the law, fairness, and both constitutional and actual guarantees of basic human rights. Predictable legal and administrative systems with fair, transparent and effective judicial and administrative institutions remain essential to the protection of citizens against the arbitrary use of state authority and lawless acts both by individuals and organizations. To achieve this goal, more work must be done to improve the efficiency of the judiciary, the reduction of the number of pending cases, and the upgrading of the professional quality of the judiciary at all levels.
"The non-responsiveness of courts and administrative bodies to public appeals, and inequality in the application of the rule of law by local administrative bodies, particularly as these affect the sustainable return is one of the most common complaints registered with our Mission in the field. Improvement in this area requires discipline - including clear policy guidance at all levels of the governmental system - and training. Croatia's courts continue to suffer from a shortage of trained judges and personnel. This has contributed to a massive backlog of court cases, and unacceptable delays in the administration of justice, particularly in the war affected areas of the country, where some of the most pressing problems exist.
"Our report notes that after a long struggle during the first years of the Mission's mandate, the NGOs have now begun to make progress. The Mission has requested increased funds in order to develop a domestic capacity to monitor government activities once the OSCE and other international organizations have completed their mandates in the country. Let me now conclude by saying that while important progress was made in a number of areas, the tasks ahead are still significant. My feeling is that the sooner Croatia tackles these problems the better it will be in the light of its Euro-Atlantic aspirations."
--
For more information please contact Alessandro Fracassetti, Spokesperson, OSCE Mission to Croatia, tel. +385 1 309 66 20.