HUMAN RIGHTS REPORT FOR CROATIA

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UNCLAS SECTION 01 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: War Crimes

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

REF: (A) STATE 153603; (B) STATE 174175

1. SBU/NOFORN -- ENTIRE TEXT.

2. FOLLOWING IS THE 1995 COUNTRY HUMAN RIGHTS REPORT FOR

CROATIA.

3. THE REPUBLIC OF CROATIA IS A CONSTITUTIONAL

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PARLIAMENTARY DEMOCRACY WITH A POWERFUL PRESIDENCY.

PRESIDENT FRANJO TUDJMAN, ELECTED IN 1992, SERVES AS HEAD

OF STATE AND COMMANDER IN CHIEF OF THE ARMED FORCES. HE

CHAIRS THE INFLUENTIAL NATIONAL DEFENSE AND SECURITY

COUNCIL, AND APPOINTS THE PRIME MINISTER, WHO LEADS THE

GOVERNMENT. PRESIDENT TUDJMAN'S PARTY, THE CROATIAN

DEMOCRATIC UNION (HDZ),HOLDS THE MAJORITY OF SEATS IN

BOTH HOUSES OF PARLIAMENT. A NEW GOVERNMENT WAS NAMED IN

NOVEMBER AFTER MULTI-PARTY ELECTIONS WERE HELD FOR THE

LOWER HOUSE OF PARLIAMENT. GOVERNMENT INFLUENCE WEAKENS

THE NOMINALLY INDEPENDENT JUDICIARY. THE ENORMOUS

CONSTITUTIONAL POWERS OF THE PRESIDENCY, THE MILITARY

OCCUPATION OF LARGE SECTIONS OF THE COUNTRY, AND THE

OVERWHELMING DOMINANCE OF ONE POLITICAL PARTY TEND TO

STIFLE THE EXPRESSION OF DIVERSE VIEWS. THE HDZ HAS RULED

CROATIA SINCE INDEPENDENCE IN 1991 AND THE PARTY HAS

SOUGHT TO ENTRENCH ITS AUTHORITY IN THE LEGISLATURE AND

THE JUDICIARY, AND AT THE COUNTY AND MUNICIPALITY LEVELS

OF GOVERNMENT.

CROATIA MILITARILY TOOK BACK CONTROL OF THE TERRITORY

WHICH HAD BEEN OCCUPIED FOR FOUR YEARS BY BREAKAWAY SERBS.

ONLY THE FORMER SECTOR EAST REMAINS OUTSIDE EFFECTIVE

GOVERNMENT CONTROL, ALTHOUGH BOTH PARTIES SIGNED AN

AGREEMENT IN MID-NOVEMBER TO BRING THIS AREA UNDER

COMPLETE GOVERNMENT CONTROL AFTER A TRANSITIONAL PERIOD OF

ONE TO TWO YEARS. IN MARCH, THE UNITED NATIONS PROTECTIVE

FORCE (UNPROFOR) MANDATE WAS MODIFIED TO INCLUDE

MONITORING OF THE INTERNATIONAL BORDERS OF CROATIA, AND AN

INCREASED PRESENCE OF HUMAN RIGHTS MONITORS IN THE UN

PROTECTED AREAS. THE MISSION WAS RENAMED THE UNITED

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NATIONS CONFIDENCE RESTORATION OPERATION (UNCRO). THE

GOVERNMENT LAUNCHED MILITARY OFFENSIVES ON THREE REBEL

SERB-HELD ZONES IN MAY AND AUGUST AND RECOVERED THE

TERRITORY. UNHCR ESTIMATES THAT APPROXIMATELY ONE HUNDRED

EIGHTY THOUSAND SERB REFUGEES FLED INTO SERB-CONTROLLED

BOSNIA AND SERBIA/MONTENEGRO DURING THE TWO CAMPAIGNS.

THE MOST FLAGRANT HUMAN RIGHTS VIOLATIONS DURING THE PAST

YEAR IN CROATIA WERE COMMITTED DURING AND AFTER THESE

OPERATIONS. ABUSES ALSO CONTINUED IN REBEL SERB-HELD

AREAS. TENS OF THOUSANDS OF EXPELLED CROAT AND MUSLIM

REFUGEES CONTINUED TO ARRIVE FROM SERBIA AND BOSNIA.

THE MINISTRY OF THE INTERIOR OVERSEES THE POLICE WHILE THE

MINISTRY OF DEFENSE OVERSEES THE ARMED FORCES (HV). THE

NATIONAL POLICE HAVE PRIMARY RESPONSIBILITY FOR INTERNAL

SECURITY, BUT IN TIMES OF DISORDER, E.G. DURING AND AFTER

THE MAY AND AUGUST OFFENSIVES, THE GOVERNMENT MAY CALL ON

THE ARMY TO PROVIDE SECURITY. BOTH THE POLICE AND ARMY

ARE RESPONSIBLE FOR EXTERNAL SECURITY. CIVILIAN

AUTHORITIES GENERALLY MAINTAIN EFFECTIVE CONTROL OF THE

PROFESSIONAL SECURITY FORCES. HOWEVER, OFFICIAL PERSONNEL

FROM EACH SERVICE WERE RESPONSIBLE FOR SIGNIFICANT ABUSES

COMMITTED IN THE RECLAIMED TERRITORIES. CIVIL POLICE HAVE

NO AUTHORITY OVER MILITARY POLICE OR OVER UNIFORMED

MILITARY PERSONNEL. IN SERB-CONTROLLED AREAS, THE WELL-

ARMED POLICE AND MILITARY FORCES CONTINUED THEIR PATTERN

OF HUMAN RIGHTS ABUSES AGAINST BOTH NON-SERBS AND SERBS.

CROATIA'S ECONOMY IS SLOWLY CONVERTING FROM CENTRALIZED

SELF-MANAGEMENT TO A MARKET-BASED, PRIVATE FREE ENTERPRISE

SYSTEM. INDUSTRY IS LARGELY STATE-OWNED. AGRICULTURE IS

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MOSTLY IN PRIVATE HANDS. FAMILY-OWNED SMALL ENTERPRISES

ARE MULTIPLYING. THE STABILIZATION PROGRAM KEPT INFLATION

LOW THROUGHOUT THE YEAR. THE CONTINUED OCCUPATION OF THE

EASTERN AREA BY REBEL SERBS, THE MASSIVE REFUGEE PROBLEM,

AND THE TWO MILITARY OFFENSIVES ALL LIMITED ECONOMIC

RECOVERY. THE SLOW MARKET TRANSITION AND THE WAR ECONOMY

CONTRIBUTE TO POLARIZING ECONOMIC DISPARITIES IN SOCIETY.

IN THE PAST TWO YEARS, THE WORLD BANK, THE IMF AND THE

EBRD HAVE BEGUN PROGRAMS IN CROATIA WHICH WILL ASSIST IN

REBUILDING THE ECONOMY AND BRING IN FOREIGN INVESTORS.

THE GOVERNMENT GENERALLY RESPECTED THE HUMAN RIGHTS OF ITS

ETHNIC CROAT CITIZENS. HOWEVER, PROFOUND PROBLEMS AND

NOTABLE EXCEPTIONS EXISTED. THE GOVERNMENT'S HUMAN RIGHTS

RECORD WORSENED WITH RESPECT TO MINORITY GROUPS,

ESPECIALLY ETHNIC SERBS. THE BULK OF VIOLENT ABUSES

OCCURRED IN THE RECONQUERED REGIONS, AFTER THE MILITARY

AND THE POLICE OPERATIONS. THE GOVERNMENT FAILED TO

ESTABLISH ADEQUATE CIVIL AUTHORITY TO CONTROL VENGEFUL

RENEGADE ARSONISTS, LOOTERS, AND MURDERERS WHO OPERATED

WITH IMPUNITY IN THE RECLAIMED AREAS MONTHS AFTER THE

OFFENSIVES HAD ENDED. IT SOUGHT TO LEGALIZE AND

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E652 181400Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8375

UNCLAS SECTION 02 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

INSTITUTIONALIZE THE POPULATION CHANGES RESULTING FROM

THESE OFFENSIVES, RATHER THAN WELCOME BACK SERB REFUGEES.

AFTER THE MILITARY ACTIONS, IT APPEARED LESS GENUINELY

INTERESTED IN CREATING CONFIDENCE RESTORING MEASURES WITH

THE SERBIAN COMMUNITY, OR EVEN IN MAINTAINING A SERB

ETHNIC PRESENCE IN CROATIA. THE SECURITY FORCES TURNED A

BLIND EYE TO, COOPERATED IN, OR EVEN COMMITTED MANY OF THE

ABUSES IN THE RECLAIMED AREAS. THE GOVERNMENT HAS NOT

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EFFECTIVELY SOUGHT OUT OR PUNISHED MANY OF THOSE INVOLVED,

EXCEPT IN A FEW TOKEN CASES. THE GOVERNMENT TEMPORARILY

SUSPENDED KEY PROVISIONS OF THE NATIONAL MINORITIES LAW IN

SEPTEMBER AND STILL HAS NOT ESTABLISHED THE PROVISIONAL

HUMAN RIGHTS COURT AS MANDATED BY THE CONSTITUTION IN

1992. SPECIFIC ABUSES COMMITTED INCLUDED ETHNIC-BASED

KILLINGS, ARBITRARY DETENTION AND TORTURE, RESTRICTIONS OF

MOVEMENT AND ON REPATRIATION, MASS DESTRUCTION AND

CONFISCATION OF PROPERTY, DENIAL OF FAIR AND EXPEDITIOUS

TRIALS, AND INFRINGEMENTS ON FREEDOM OF SPEECH AND THE

PRESS.

THERE WAS NO IMPROVEMENT IN THE HUMAN RIGHTS SITUATION IN

AREAS UNDER REBEL SERB CONTROL. THE POLICE AND MILITARY

FORCES CONTINUED TO USE VIOLENCE, MURDER, INTIMIDATION,

AND DISPLACEMENT AGAINST MINORITIES TO SETTLE INCOMING

SERB REFUGEES AND ACHIEVE THE GOAL OF ETHNIC CLEANSING.

SUCH CONDITIONS PREVAILED EVEN AFTER THE LOSS OF THREE

REGIONS TO GOVERNMENT FORCES. IN MAY, PROVOKED BY THE

GOVERNMENT ATTACK ON THE FORMER SECTOR WEST, "REPUBLIC OF

SERBIAN KRAJINA (RSK) PRESIDENT" MARTIC ORDERED THE

BOMBING OF CIVILIAN CENTERS IN FREE CROATIA, INCLUDING

ZAGREB. AT LEAST SIX CIVILIANS DIED IN THESE INCIDENTS.

RESIDENTS OF THE "RSK" WERE SUBJECT TO A CONTROLLED PARA-

LEGAL SYSTEM OPERATING WITHOUT FREEDOM OF EXPRESSION,

ASSEMBLY, PRESS, RELIGION, MOVEMENT, OR THE RIGHT TO

CHANGE THEIR GOVERNMENT.

RESPECT FOR HUMAN RIGHTS

SECTION 1. RESPECT FOR THE INTEGRITY OF THE PERSON,

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INCLUDING FREEDOM FROM:

A. POLITICAL AND OTHER EXTRAJUDICIAL KILLING

UNCRO OFFICIALS REGISTERED 300-500 REPORTS OF KILLINGS IN

RECLAIMED PARTS OF CROATIA. MOST WERE ETHNICALLY

MOTIVATED, AND OCCURRED LONG AFTER THE MILITARY OFFENSIVES

WERE OVER. ONLY IN THE MOST PUBLIC CASES WERE EFFECTIVE

INVESTIGATIONS CARRIED OUT AND PERPETRATORS PUNISHED,

MOSTLY AS A RESULT OF PRESSURE FROM INTERNATIONAL

AUTHORITIES AND HUMAN RIGHTS GROUPS. AMONG THOSE

IMPLICATED IN THE KILLINGS WERE CIVILIANS, CIVIL POLICE

AND ACTIVE-DUTY MILITARY PERSONNEL, ESPECIALLY MEMBERS OF

THE NON-PROFESSIONAL "HOME GUARD" BRIGADES. TWO INCIDENTS

NOTE PARTICULAR MENTION. THE CORPSES OF SEVEN ELDERLY

CIVILIANS WERE FOUND IN LATE AUGUST SHOT, SLAUGHTERED, AND

BURNED IN THE VILLAGE OF GRUBORI. THE OLDEST VICTIM WAS

90 YEARS OLD. WITNESSES SAW UNIFORMED SPECIAL POLICE AND

HV AT THE SCENE. AT FIRST, GOVERNMENT OFFICIALS CLAIMED

THE CIVILIANS WERE CAUGHT IN A CLASH BETWEEN HV AND ENEMY

TROOPS. MONTHS LATER, A FEW CROATS WERE ARRESTED FOR THE

MURDER OF THESE CIVILIANS AND WERE STILL UNDER

INVESTIGATION AT THE END OF THE YEAR. IN A SECOND

INCIDENT, ON SEPTEMBER 28, IN THE VILLAGE OF VARIVODE,

UNCRO MONITORS FOUND THE BODIES OF NINE ELDERLY SERBS,

SHOT TO DEATH. 13 INDIVIDUALS WERE ARRESTED FOR THE

INCIDENT. AT THE END OF THE YEAR, THE GOVERNMENT CLAIMED

IT HAD INVESTIGATED 26 MURDERS, AND RESOLVED 15 CASES,

CHARGING A TOTAL OF 20 INDIVIDUALS, INCLUDING THREE

SOLDIERS AND ONE POLICEMAN.

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SERBS IN THE OCCUPIED AREAS ALSO COMMITTED ETHNICALLY

MOTIVATED KILLINGS WITHIN THE SECTORS AND ALONG THE

CONFRONTATION LINE, WITH A DISPROPORTIONATE NUMBER OF

VICTIMS BEING NON-SERBS. IN JUNE, THREE CROAT GARBAGE

COLLECTORS WERE KIDNAPPED BY EAST SLAVONIAN SERBS DURING A

REGULAR RUN TO THE OSIJEK CITY DUMP INSIDE THE SEPARATION

ZONE. TWO INDIVIDUALS WERE RELEASED, BUT SERB AUTHORITIES

IN ERDUT EVENTUALLY ADMITTED THAT THE THIRD, FRANJO IVOS,

WAS KILLED. NO SUSPECT WAS EVER APPREHENDED, AND LOCAL

AUTHORITIES INSIST THAT THE BODY WAS LOST. IN OCTOBER,

SERB SNIPERS FROM THIS SECTOR KILLED TWO CROATS IN

BELISCE. REBEL SERBS TARGETED UN PERSONNEL ALSO. A

KENYAN UNCRO SOLDIER WAS SHOT DEAD IN MAY IN SECTOR SOUTH.

IN JANUARY IN SECTOR EAST, ONE RUSSIAN BATTALION SOLDIER

AND THREE LOCAL SERBS WERE SHOT UNDER UNCLEAR

CIRCUMSTANCES, POSSIBLY INVOLVING BLACK MARKET ACTIVITY.

IN SEPTEMBER, 4 DANISH UN SOLDIERS WERE KILLED NEAR DVOR

AS BOSNIAN SERBS DELIBERATELY TARGETED A UN OBSERVATION

POST ACROSS THE UNA RIVER IN CROATIA. HV UNITS HAD

ATTEMPTED TO CROSS THE RIVER, AND FIRE WAS EXCHANGED

BETWEEN THE TWO SIDES. UNCRO OFFICIALS CLAIM THAT THE

POSITION OF THE TANK'S GUN INDICATED THAT IT HAD TARGETED

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E658 181400Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8376

UNCLAS SECTION 03 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

UN, AND NOT HV, POSITIONS.

NO PROGRESS WAS MADE ON THE EXCAVATION OF MASS GRAVE SITES

IN OCCUPIED AREAS UNTIL CROATIAN FORCES OBTAINED CONTROL

OF THE TERRITORY. GOVERNMENT SOURCES CLAIM TO HAVE

LOCATED OVER 250 MASS GRAVES, AND BEGAN UNCOVERING SOME OF

THE SITES. NOT ALL OF THE GRAVE EXHUMATIONS WERE DONE

WITH THE INTERNATIONAL CRIMINAL TRIBUNAL ON THE FORMER

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YUGOSLAVIA (ICTY). AFTER MANY OF THE BODIES WERE

IDENTIFIED, THEY WERE RELEASED INTO THE CUSTODY OF FAMILY

MEMBERS. BASED ON EYE-WITNESS REPORTS, THE GOVERNMENT

CHARGED INDIVIDUAL REBEL SERBS WITH MURDER, SOME OF WHOM

WERE TRIED IN ABSENTIA.

B. DISAPPEARANCE

THERE WERE FEW NEW CASES OF DISAPPEARANCES REPORTED. AT

YEAR'S END, THE GOVERNMENT REPORTED MORE THAN 2,800 CASES

OF MISSING PERSONS STILL UNRESOLVED FROM THE 1991-1992

WAR. SOME PROGRESS WAS MADE IN REMOVING NAMES FROM THE

LIST OF THE MISSING AS A RESULT OF PRISONER AND BODY

EXCHANGES, AND IDENTIFICATIONS MADE OF CORPSES EXHUMED IN

THE RECLAIMED AREAS. AN UNKNOWN NUMBER OF CASES OF

MISSING SERBS REMAINED OPEN AT THE END OF THE YEAR AS A

RESULT OF THE TWO GOVERNMENT OFFENSIVES. THE GOVERNMENT

MADE NO PUBLIC EFFORT TO INVESTIGATE THESE CASES.

C. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING

TREATMENT OR PUNISHMENT

THE CONSTITUTION PROHIBITS TORTURE OR CRUEL OR DEGRADING

PUNISHMENT, BUT IN CERTAIN CASES, GOVERNMENT FORCES

CONTINUED TO COMMIT SUCH ABUSES. SECURITY FORCES AT

CERTAIN PRISONS BEAT AND MISTREATED PRISONERS DURING

DETENTION AND INTERROGATION. AFTER BOTH OFFENSIVES,

FOREIGN OBSERVERS SAW THE WOUNDS OF REBEL SERB DETAINEES

WHO COMPLAINED OF SUCH TREATMENT AT DETENTION CENTERS, IN

VARAZDIN IN MAY FOR EXAMPLE, AND OTHER SITES. SUCH CASES

WERE NOT ROUTINE, AND THERE WAS NO EVIDENCE OF SYSTEMATIC

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TORTURE IN CROATIAN JAILS. MOST SERB DETAINEES

INTERVIEWED BY INTERNATIONAL MONITORS REPORTED GOOD

TREATMENT AT THE HANDS OF THEIR JAILERS. THERE WERE NO

REPORTS OF ABUSES OR MISTREATMENT OF COMMON CRIMINALS

ARRESTED AND DETAINED IN CROATIAN JAILS.

EXCEPT FOR THE SHORT-TERM DETENTION FACILITIES USED TO

HOUSE CIVILIANS ROUNDED UP AFTER THE MILITARY ACTIONS,

DETENTION FACILITIES GENERALLY MEET ACCEPTED STANDARDS OF

CLEANLINESS, NUTRITION, AND AMENITIES. JAILS ARE CROWDED,

BUT NOT TO EXCESS, AND FAMILY VISITS AND ACCESS TO COUNSEL

ARE AVAILABLE. DETAINED REBEL SERBS ARRESTED FOR ARMED

REBELLION WERE MAINLY HELD IN MILITARY PRISONS, AS WITH

MOST SECURITY PRISONERS. AFTER THE AUGUST OFFENSIVE, THE

GOVERNMENT INCREASINGLY RESTRICTED ACCESS TO THESE SERB

PRISONERS BY UNCRO AND OTHER INTERNATIONAL OBSERVERS.

PRISON CONDITIONS IN THE SERB-CONTROLLED AREAS ARE

RELIABLY REPORTED TO BE ABYSMAL. HARSH TREATMENT OF NON-

SERBS IS COMMONPLACE, AND SERBIAN "AUTHORITIES" DO NOT

PUNISH ABUSERS. IN MARCH, A BRITISH CITIZEN OF CROATIAN

DESCENT WAS DETAINED FOR A MONTH IN KNIN AND TORTURED WITH

ELECTRIC IMPLEMENTS. TWO OF THE THREE GARBAGE COLLECTORS

MENTIONED IN SECTION 1.A COMPLAINED OF TORTURE AND OTHER

MISTREATMENT DURING THEIR DETAINMENT. ARRESTEES OFTEN

REPORT BEING BEATEN AND ROBBED BY LOCAL POLICE AND

PARAMILITARY FORCES, AS WELL AS SUBJECTED TO PSYCHOLOGICAL

TORTURE, SUCH AS DEATH THREATS.

D. ARBITRARY ARREST, DETENTION, OR EXILE

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THE CONSTITUTION CONTAINS PROVISIONS TO PROTECT THE LEGAL

RIGHTS OF ALL ACCUSED, BUT THE GOVERNMENT DOES NOT ALWAYS

RESPECT THESE RIGHTS IN PRACTICE. THE GOVERNMENT

FREQUENTLY ABUSES PRETRIAL AND INVESTIGATIVE DETENTION.

THE MOST PROMINENT CASE OF ARBITRARY ARREST OCCURRED IN

LATE OCTOBER WHEN 15 PERSONS, MOSTLY PROMINENT ETHNIC

SERBS, WERE DETAINED FOR ESPIONAGE. THE COURTS HAD

NEITHER RELEASED NOR CHARGED ANY OF THEM WITH A CRIME BY

THE END OF THE YEAR. ARMY SPECIAL FORCES TROOPS

ARBITRARILY ARRESTED SEVERAL DOZEN REBEL BOSNIAN MUSLIM

REFUGEES IN THE KUPLJENSKO CAMP AT THE END OF THE YEAR AND

FORCIBLY REPATRIATED THEM TO BOSNIA. REFUGEE

ORGANIZATIONS CONTINUED TO REPORT SIMILAR INSTANCES IN

WHICH MUSLIM REFUGEES WERE ARBITRARILY DETAINED AND

THREATENED WITH FORCIBLE EXPULSION.

GOVERNMENT POLICE AND MILITARY FORCES ROUNDED UP THE

REMAINING CIVILIAN POPULATIONS OF THE FORMERLY OCCUPIED

AREAS IMMEDIATELY AFTER BOTH OFFENSIVES. THE VERY OLD,

WOMEN, AND CHILDREN WERE CONFINED IN COLLECTION CENTERS

OUTSIDE THE WAR ZONE, SOME FOR SEVERAL WEEKS. GOVERNMENT

OFFICIALS EXPLAINED THAT THIS MEASURE WAS TAKEN FOR THE

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E660 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8377

UNCLAS SECTION 04 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

PEOPLE'S OWN SAFETY, UNTIL THEIR "IDENTIFICATION" WAS

VERIFIED, AND THEIR HOMES WERE DEMINED. MANY HOMES WERE

LOOTED DURING THIS ABSENCE. DRAFT AGE MEN WERE TAKEN TO

SEPARATE CENTERS AND HELD EVEN LONGER UNTIL A

DETERMINATION WAS MADE WHETHER THEY WERE TO BE

INVESTIGATED EITHER FOR WAR CRIMES OR FOR ARMED REBELLION.

OVER 1500 MEN WERE DETAINED AFTER THE ATTACK ON THE FORMER

SECTOR WEST, ABOUT 200 OF WHOM WERE INVESTIGATED AT

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LENGTH. THE GOVERNMENT EXTENDED THE AMNESTY FOR ARMED

REBELLION TO COVER THE PERIOD FROM AUGUST 17, 1990, TO MAY

10, 1995. REBEL SERBS APPREHENDED IN THE AUGUST OFFENSIVE

WERE NOT AMNESTIED.

POLICE NORMALLY SEEK ARREST WARRANTS BY PRESENTING

EVIDENCE OF PROBABLE CAUSE TO AN INTERROGATING MAGISTRATE.

POLICE MAY ARREST A SUSPECT WITHOUT A WARRANT IF THEY

BELIEVE HE MIGHT FLEE, DESTROY EVIDENCE, OR COMMIT OTHER

CRIMES. SUCH CASES ARE NOT UNCOMMON. THE POLICE THEN

HAVE 24 HOURS IN WHICH TO JUSTIFY THEIR DECISION BEFORE

THE LOCAL INTERROGATING MAGISTRATE.

AFTER ARREST, THE LAW STATES PERSONS MUST BE GIVEN ACCESS

TO AN ATTORNEY OF THEIR CHOICE WITHIN 24 HOURS; IF THEY

HAVE NO ATTORNEY, AND ARE CHARGED WITH A CRIME FOR WHICH

THE SENTENCE IS OVER TEN YEARS IMPRISONMENT OR MORE, THE

INTERROGATING MAGISTRATE WILL APPOINT ONE FROM A LIST OF

PUBLIC DEFENDERS. IF THE SENTENCE IS UNDER 10 YEARS, THE

DETAINEE CAN REQUEST COURT-APPOINTED COUNSEL IF HE SO

CHOOSES. THE COURT WILL APPOINT COUNSEL AFTER CHARGES ARE

LEVIED FOR THE TRIAL. THE INTERROGATING JUDGE MUST,

WITHIN THREE DAYS OF THE ARREST, DECIDE WHETHER SUFFICIENT

CAUSE EXISTS TO HOLD THE ARRESTEE IN CUSTODY PENDING

FURTHER INVESTIGATION. THE JUDGE MUST JUSTIFY THE

DECISION IN WRITING, INCLUDING THE LENGTH OF DETENTION

ORDERED. THESE DECISIONS MAY BE APPEALED, EITHER

IMMEDIATELY OR LATER IN THE DETENTION PERIOD. THE USUAL

PERIOD OF INVESTIGATIVE DETENTION VARIES FROM A FEW DAYS

TO A FEW WEEKS BUT BY LAW MAY BE AS LONG AS TWO YEARS.

THOSE PERSONS HELD UNDER INVESTIGATIVE DETENTION ARE OFTEN

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DENIED CERTAIN RIGHTS, SUCH AS VISITS, UNTIL THEY ARE

OFFICIALLY CHARGED. ACCUSED PERSONS HAVE THE RIGHT TO

HAVE THEIR ATTORNEY PRESENT DURING THE ENTIRE

INVESTIGATION AS WELL AS DURING ANY APPEAL OF

INVESTIGATIVE DETENTION.

IN PRACTICE, ARRESTEES ARE ALMOST ALWAYS BOUND OVER FOR

INVESTIGATION UNLESS IT IS CLEAR NO CASE EXISTS AGAINST

THEM. ONCE THE INVESTIGATION IS COMPLETE, PERSONS ARE

USUALLY RELEASED ON THEIR OWN RECOGNIZANCE PENDING TRIAL,

UNLESS THE CRIME IS A MAJOR OFFENSE, THE ACCUSED IS

CONSIDERED A PUBLIC DANGER, OR THE COURT BELIEVES HE MAY

FLEE. THERE ARE PROVISIONS FOR POSTING BAIL AFTER CHARGES

ARE BROUGHT, BUT THE PRACTICE IS NOT COMMON. POLICE WILL

SOMETIMES RETAIN THE ACCUSED'S PASSPORT TO PREVENT HIM

FROM LEAVING THE COUNTRY.

BY LAW, REBEL SERBS DETAINED AFTER THE TWO OFFENSIVES

COULD BE HELD UNDER INVESTIGATION, PENDING CHARGES, FOR

SIX MONTHS. IN MANY CASES, "RSK" SERBS ARRESTED FOR ARMED

REBELLION DID NOT HAVE ADEQUATE ACCESS TO LEGAL COUNSEL,

NOR WERE THEY INFORMED IN A TIMELY MANNER BY THE COURTS OF

THEIR RIGHTS. FEW WERE APPOINTED A PUBLIC DEFENDER UNTIL

MONTHS AFTER THEIR ARREST; SOME SAW COUNSEL ONLY ONCE OR

TWICE, USUALLY ONLY DURING A COURT HEARING. ALTHOUGH THEY

HAD BEEN IN INVESTIGATIVE DETENTION FOR SIX MONTHS, MANY

SUCH SERBS WERE TRIED AND CONVICTED IN TWO DAYS IN

NOVEMBER AND DECEMBER, HAVING SPOKEN TO THEIR LAWYER ONLY

ONCE. THE CROATIAN BAR ASSOCIATION WARNED THE MAGISTRATES

AND MEMBERS THAT ADEQUATE COUNSEL MUST BE PROVIDED TO

THESE DETAINEES. THE BEST ESTIMATE OF THE NUMBER OF REBEL

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SERB DETAINEES IN THE COUNTRY BY THE END OF THE YEAR WAS

700-900.

IN REBEL SERB-CONTROLLED AREAS, VIRTUALLY NO SAFEGUARDS

EXIST AGAINST ARBITRARY DETENTION, AND SERB FORCES

CONTINUED TO USE DETENTION AS AN INTIMIDATION TACTIC.

SERB FORCES COMMONLY ARRESTED CIVILIANS IN THE "SEPARATION

ZONE." THE INCIDENT INVOLVING THE OSIJEK GARBAGE

COLLECTORS REMAINED THE MOST PUBLICIZED DURING THE YEAR.

IN JANUARY, A FRENCH JOURNALIST WAS ARRESTED FOR ILLEGALLY

CROSSING INTO "RSK" TERRITORY, AND WAS SENTENCED BY A

MILITARY COURT TO 2.5 YEARS IN PRISON. IN NOVEMBER, TWO

AMERICANS WERE DETAINED FOR THREE DAYS BY VUKOVAR LOCAL

AUTHORITIES FOR TAKING PICTURES. UNTIL AUGUST, RESIDENTS

OF THE "BIHAC POCKET" IN WESTERN BOSNIA-HERZEGOVINA WERE

SOMETIMES ARBITRARILY DETAINED, WHILE TRANSITTING SERB-

HELD TERRITORY TO THE OUTSIDE WORLD.

THE CONSTITUTION PROHIBITS EXILE OF CROATIAN CITIZENS.

SERBS CAPTURED DURING THE OFFENSIVES AND NOT ORIGINATING

FROM CROATIAN TERRITORY WERE SUBJECT TO DEPORTATION AFTER

THEY SERVED THEIR SENTENCES FOR WAR CRIMES.

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E668 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8378

UNCLAS SECTION 05 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

E. DENIAL OF FAIR PUBLIC TRIAL

THE CROATIAN JUDICIAL SYSTEM CONSISTS OF MUNICIPAL AND

DISTRICT COURTS, A SUPREME COURT, AND A CONSTITUTIONAL

COURT. THE SUPREME COURT, OR HIGH JUDICIAL COUNCIL (WITH

A PRESIDENT AND 14 MEMBERS FROM ALL PARTS OF THE LEGAL

COMMUNITY),APPOINTS JUDGES AND PUBLIC PROSECUTORS.

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JUDICIAL TENURE CAN BE PERMANENT. THE UPPER HOUSE OF

PARLIAMENT NOMINATES PERSONS FOR MEMBERSHIP ON THE HIGH

JUDICIAL COUNCIL, AND THE LOWER HOUSE ELECTS MEMBERS TO

EIGHT-YEAR TERMS. THE ELEVEN JUDGES OF THE CONSTITUTIONAL

COURT ARE ELECTED TO EIGHT-YEAR TERMS IN THE SAME MANNER.

THE JUDICIAL PROCESS IS NOT FREE OF POLITICAL INFLUENCE OR

ETHNIC BIAS. DURING REGULARLY-HELD JUDICIARY ELECTIONS IN

1994, A DISPUTE AROSE WHICH RAISED CONCERNS ABOUT THE

EXTENT OF POLITICAL CONTROL OVER THE JUDICIARY. IN

FEBRUARY, THE STATE JUDICIAL COUNCIL, CONTROLLED BY THE

MINISTRY OF JUSTICE AND THE MINISTRY OF ADMINISTRATION,

ELECTED NEW JUDGES FOR THE SUPREME COURT, BUT THE

CONSTITUTIONAL COURT ORDERED THE NOMINATING PROCEDURE BE

REDONE, CLAIMING THE COUNCIL HAD NOT APPOINTED QUALIFIED

PERSONNEL. THE CHIEF SUPREME COURT JUSTICE MILAN VUKOVIC

LOST HIS APPOINTMENT. MINISTER OF JUSTICE IVICA CRNIC

DISPUTED THE ELECTION PROCEDURES AND RESIGNED IN MARCH,

SAYING HE DID NOT WISH TO BE INVOLVED IN AN UNDEMOCRATIC

AND TOTALITARIAN PROCEDURE.

IN SEPTEMBER, THE GOVERNMENT REPEALED CERTAIN PROVISIONS

OF THE 1992 CONSTITUTIONAL LAW ON MINORITIES, WHICH

INCLUDED THE ESTABLISHMENT OF A PROVISIONAL COURT OF HUMAN

RIGHTS, A COURT WHICH HAD NEVER BEEN ESTABLISHED (SEE

SECTION 3). EMERGENCY MEASURES ESTABLISHED IN 1991 ARE

STILL BEING APPLIED. THESE ORDERS PROVIDE FOR THE

SUSPENSION OF CERTAIN LEGAL REMEDIES IN LEGAL PROCEEDINGS

AND GIVE THE SIX-COURT MILITARY LEGAL SYSTEM JURISDICTION

OVER A LARGE NUMBER OF CASES INVOLVING CIVILIANS.

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ALTHOUGH THE CONSTITUTION PROVIDES FOR THE RIGHT TO A FAIR

TRAIL AND A VARIETY OF DUE PROCESS RIGHTS IN BOTH CIVILIAN

AND MILITARY COURTS, IN PRACTICE, THE PROSECUTING ATTORNEY

HAS LEEWAY IN DECIDING WHETHER TO BRING A CASE AGAINST AN

INDIVIDUAL, AND, IN CASES CONSIDERED "POLITICAL," BOTH THE

INDICTMENT AND THE CONDUCT OF TRIALS ARE SOMETIMES SUBJECT

TO OUTSIDE INFLUENCE. REBEL SERBS DETAINED UNDER

INVESTIGATIVE DETENTION WERE OFTEN HELD BASED ON

CIRCUMSTANTIAL EVIDENCE AND UNCERTAIN TESTIMONY. COURT

AUTHORITIES, INCLUDING THE DETAINEES' OWN COURT-APPOINTED

DEFENSE COUNSEL, OFTEN DISPLAYED A STRONG BIAS AGAINST

THEM. A MAJORITY OF JUDGES TOOK MONTH-LONG VACATIONS IN

MID-AUGUST, FURTHER POSTPONING INVESTIGATIVE HEARINGS.

LARGE NUMBERS OF DETAINEES NEVER RECEIVED LEGAL COUNSEL.

INTERNATIONAL TRIAL OBSERVERS CLAIMED WITNESSES OFTEN

CHANGED THEIR STORIES AND GAVE UNCLEAR TESTIMONY.

THE LEGAL SYSTEM IN THE SERB-CONTROLLED REGIONS REMAINED A

SHAM, WITH ITS PROCEDURES AND PRACTICES OPEN TO ABSOLUTE

OUTSIDE INTERFERENCE BY THOSE IN POWER.

F. ARBITRARY INTERFERENCE WITH PRIVACY, FAMILY, HOME, OR

CORRESPONDENCE

THE CROATIAN CONSTITUTION DECLARES THE HOME INVIOLABLE.

ONLY A COURT MAY ISSUE A SEARCH WARRANT, STATING THE

JUSTIFICATION FOR THE SEARCH OF A HOME OR OTHER PREMISES.

POLICE MAY ENTER A HOME WITHOUT A WARRANT OR THE OWNER'S

CONSENT ONLY IF NECESSARY TO ENFORCE AN ARREST WARRANT,

APPREHEND A SUSPECT, OR PREVENT SERIOUS DANGER TO LIFE OR

IMPORTANT PROPERTY. IN PRACTICE, THE AUTHORITIES OFTEN

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FAILED TO ADHERE TO THESE CONSTITUTIONAL REQUIREMENTS.

INTERNATIONAL OBSERVERS WITNESSED THE MASS LOOTING,

DESTRUCTION, AND BURNING OF PROPERTY IN THE RECLAIMED

TERRITORIES BY BOTH OFFICIAL MILITARY AND CIVILIAN

PERSONNEL, AND BY UNHINDERED CIVILIANS ALLOWED TO ROAM THE

AREA. WITHIN DAYS OF THE START OF THE MAY AND AUGUST

OFFENSIVES, THE FIRST CASES OF HOUSE BURNINGS WERE

REPORTED. OVER ONE-THIRD OF THE BUILDINGS IN THE FORMER

SECTORS NORTH AND SOUTH WERE BURNED WITHIN TWO MONTHS OF

THE AUGUST WAR. ANOTHER THIRD WAS HEAVILY DAMAGED AND

UNINHABITABLE. THE VILLAGE OF DONJI LAPAC AND MANY OTHERS

WITH A PREDOMINANT SERB POPULATION WERE BURNED TO THE

GROUND. FROM EARLY AUGUST UNTIL THE END OF THE YEAR,

INTERNATIONAL HUMAN RIGHTS MONITORS REPORTED DAILY

INCIDENTS OF LOOTING, BURNING, AND THREATS MADE TO THE

REMAINING LOCAL POPULATION. MONITORS CONTINUALLY REPORTED

THE NAMES AND LICENSE NUMBERS TO GOVERNMENT AUTHORITIES.

MOST PEOPLE DETAINED FOR LOOTING AND ARSON WERE RELEASED

AFTER QUESTIONING PENDING FURTHER INVESTIGATION. SECURITY

PERSONNEL AND MILITARY COMMANDERS GENERALLY DID NOTHING TO

STOP THIS DESTRUCTION, AND LOCAL AND INTERNATIONAL

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PAGE 01 ZAGREB 05178 06 OF 15 181358Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E66C 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8379

UNCLAS SECTION 06 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

OBSERVERS OFTEN WITNESSED SECURITY FORCES STARTING THE

FIRES AND/OR STANDING BY AS THEY BURNT OUT. OFFICIAL

INVESTIGATIONS AND PROSECUTIONS FOR THESE ACTS BEGAN ONLY

AFTER INTENSE INTERNATIONAL AND MEDIA PRESSURE ON THE

GOVERNMENT, AND WERE VIEWED AS NEITHER SERIOUS NOR

COMPLETE. AT THE END OF THE YEAR, THE GOVERNMENT REPORTED

TO THE UN THAT IT HAD REGISTERED 2878 CASES OF ARSON AND

BROUGHT CHARGES AGAINST ELEVEN PEOPLE. IT HAD IDENTIFIED

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PAGE 02 ZAGREB 05178 06 OF 15 181358Z

1054 CASES OF LOOTING, OF WHICH 770 HAD BEEN "CLARIFIED"

AND HAD CHARGED 1260 INDIVIDUALS. THE GOVERNMENT PROVIDED

NO SUPPORTING DOCUMENTATION FOR THESE CLAIMS.

IN AUGUST, AN OFFICIAL DECREE PLACED UNDER GOVERNMENT

ADMINISTRATION THE ABANDONED PROPERTY OF CROATIAN CITIZENS

WHO HAD FLED THE COUNTRY FOR SERBIA OR OTHER SERB-

CONTROLLED AREAS SINCE THE 1991 WAR. THE GOVERNMENT

CLAIMED THIS ACT WAS NECESSARY TO GIVE RETURNING CROAT

REFUGEES DECENT SHELTER, AND TO PROTECT THE PROPERTIES

FROM LOOTING AND DESTRUCTION. VIEWED INTERNATIONALLY AS A

THINLY VEILED ATTEMPT TO PREVENT THE RETURN OF CROATIAN

SERBS TO THEIR HOMES, THIS DECREE WAS IMMEDIATELY PASSED

INTO LAW BY THE HDZ-CONTROLLED LEGISLATURE. OWNERS WERE

ALLOWED A 90-DAY FILING PERIOD TO RECLAIM THEIR PROPERTY,

BUT THE COMPLEX PROCEDURES, REQUIRING A CLAIMANT TO

PRODUCE CITIZENSHIP DOCUMENTS, WHICH COULD NOT BE OBTAINED

OUTSIDE CROATIA, AND TO FILE HIS CLAIM IN CROATIA, WERE

PRACTICAL IMPEDIMENTS. ALTHOUGH THE GOVERNMENT EVENTUALLY

SET UP PROCESSING CENTERS IN BELGRADE AND OTHER NEARBY

CAPITALS, THE PROCEDURE REMAINED SLOW.

MILITARY AND CIVIL POLICE CONTINUED TO CARRY OUT FORCED

EVICTIONS, INVOLVING HUNDREDS OF FAMILIES OF ALL

NATIONALITIES. IN OTHER CASES, CROATIAN REFUGEES, OFTEN

WITH THE APPEARANCE OF OFFICIAL COUNTENANCE, FORCIBLY

ENTERED THE HOMES OF ETHNIC SERBS AND OTHER MINORITIES WHO

LIVED FOR YEARS IN FAMILY APARTMENTS, BUT WHO WERE

THEMSELVES NOT LISTED AS THE OFFICIAL TENANT. ALTHOUGH

SUCH EVICTIONS WERE OFTEN DECLARED ILLEGAL IN COURT,

AUTHORITIES FORBADE THE POLICE TO REMOVE THE INTRUDERS ON

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PAGE 03 ZAGREB 05178 06 OF 15 181358Z

THE BASIS OF A LAW WHICH REQUIRES THAT A NEW HOME BE FOUND

FOR THE DISPLACED OR REFUGEE FAMILY BEFORE IT CAN BE

REMOVED FROM ANY FORM OF HOUSING, WHETHER LEGALLY

OCCUPYING THIS HOUSING OR NOT.

FORCED EVICTIONS OF ETHNIC SERBS, CROATS AND OTHERS FROM

FORMER YUGOSLAV NATIONAL ARMY (JNA) APARTMENTS CONTINUED.

THE MINISTRY OF DEFENSE REVOKED TENANT RIGHTS OF

INDIVIDUALS LIVING IN THE APARTMENTS FOR DECADES IN A

SEEMINGLY ARBITRARY MANNER. REFERRING TO PROPERTY LAWS

WHICH REMOVE TENANCY RIGHTS AS A RESULT OF ANY SIX-MONTH

ABSENCE OR IF THE TENANT WAS RULED TO HAVE ACTED AGAINST

THE INTERESTS OF THE REPUBLIC OF CROATIA, THE MINISTRY

GRANTED SOLDIERS TENANCY OF THESE OCCUPIED FLATS. THE

SOLDIERS FREQUENTLY TOOK RESIDENCES BY FORCE OF ARMS,

EITHER EVICTING THE CURRENT TENANTS, OR FORCING THEM TO

CO-HABITATE. IN NOVEMBER, THE GOVERNMENT PASSED A LAW

ALLOWING FORMER JNA APARTMENTS TO BE PRIVATIZED. UNLIKE

OTHER PRIVATIZATIONS, LEGAL TENANTS HAD RESTRICTED RIGHTS

TO PURCHASE THEIR APARTMENTS, AND THE RIGHT TO PURCHASE

WAS NOT GUARANTEED. FAMILY MEMBERS OF THE REGISTERED

TENANT WERE NOT ALLOWED PURCHASE RIGHTS, NOR WERE

INDIVIDUAL SUSPECTED OF ARMED REBELLION OR WAR CRIMES.

HUMAN RIGHTS GROUPS ARE SUING THE GOVERNMENT CONCERNING

THE CONSTITUTIONALITY OF THIS LAW.

THE CONSTITUTION GUARANTEES THE SECRECY AND SAFETY OF

PERSONAL DATA, BUT IT WAS UNCLEAR IF SUCH GUARANTEES WERE

ADHERED TO IN PRACTICE.

LEADERS IN THE SERB-HELD REGIONS SHOWED NO COMPUNCTION

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PAGE 04 ZAGREB 05178 06 OF 15 181358Z

ABOUT INTERFERING WITH THE RIGHTS OF THE INHABITANTS OF

THOSE AREAS, PARTICULARLY NON-SERBS. UNCRO CONTINUED TO

PROVIDE 24-HOUR PATROLS OF SEVERAL MINORITY VILLAGES TO

PROTECT THE INHABITANTS FROM ARMED BANDS. THE PRACTICE OF

FORCIBLY MOVING SERBIAN REFUGEES OR SOLDIERS INTO THE

HOMES OF NON-SERB RESIDENTS CONTINUED AS WELL.

G. USE OF EXCESSIVE FORCE AND VIOLATIONS OF HUMANITARIAN

LAW IN INTERNAL CONFLICTS

IN THE EARLY MORNING HOURS OF MAY 1, SPECIAL POLICE UNITS

AND GOVERNMENT TROOPS INITIATED "OPERATION FLASH," AN

ATTACK TO LIBERATE OCCUPIED WESTERN SLAVONIA. ANNOUNCED

AS A "LIMITED POLICE ACTION" TO GAIN CONTROL OF THE

ZAGREB-LIPOVAC HIGHWAY, GOVERNMENT FORCES GAINED EFFECTIVE

CONTROL OF MOST OF THE AREA WITHIN ONE DAY AND A CEASEFIRE

WAS REACHED ON THE AFTERNOON OF MAY 3. HV TROOPS

RESTRICTED THE MOVEMENT OF UNCRO FORCES AND SURROUNDED

MOST UN BASES, INCLUDING A JORDANIAN BASE ALONG THE

HIGHWAY AND A NEPALESE BASE AT PUSTARA. ALTHOUGH TENSIONS

HAD BEEN BUILDING FOR MANY WEEKS, THE DIRECT PRETEXT FOR

THE ATTACK WAS THE MURDER OF THREE CROATS SHOT ON THE

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PAGE 01 ZAGREB 05178 07 OF 15 181358Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E670 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8380

UNCLAS SECTION 07 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

HIGHWAY BY A SNIPER FROM BEHIND SERB LINES.

REBEL SERB FORCES REACTED BY SHELLING SEVERAL CITIES,

INCLUDING ZAGREB, DUBROVNIK, KARLOVAC, KUTINA, NOVA

GRADISKA, NOVSKA, PAKRAC, OSIJEK, SISAK, AND ZUPANJA.

ZAGREB WAS SHELLED ON TWO SEPARATE OCCASIONS WITH ORKAN

ANTI-PERSONNEL CLUSTER BOMBS. AMONG THE SITES HIT WERE A

CHILDREN'S HOSPITAL AND THE NATIONAL THEATER. THE END

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RESULT WAS 6 DEAD AND MORE THAN 130 WOUNDED. "RSK

PRESIDENT" MILAN MARTIC PUBLICLY ANNOUNCED THAT HE HAD

PERSONALLY ISSUED THE ORDER FOR THE CAPITAL TO BE SHELLED.

DAYS LATER, HE THREATENED AGAIN TO "FLATTEN THE CITY" AND

KILL "ONE HUNDRED THOUSAND PEOPLE." IN OCTOBER, MARTIC

WAS INDICTED WITH TWO OTHER "RSK OFFICIALS" BY THE

INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

(ICTY) FOR THIS INCIDENT.

OVER SEVEN THOUSAND REFUGEES FLED IN FRONT OF ADVANCING HV

TROOPS OVER THE ONLY BRIDGE ACROSS THE SAVA RIVER TO SERB-

HELD BOSNIA. GOVERNMENT FORCES LEFT THIS ROAD OPEN TO

ALLOW THE INHABITANTS TO EVACUATE. A POCKET OF SERBS

UNABLE TO LEAVE THE NORTHERN PART OF THE SECTOR WAS

SURROUNDED BY HV FORCES AND SURRENDERED.

ON AUGUST 4, GOVERNMENT FORCES LAUNCHED THE LARGER SCALE

"OPERATION STORM" ON THE FORMER SECTORS NORTH AND SOUTH,

AND GAINED EFFECTIVE CONTROL OF THE AREA WITHIN FIVE DAYS.

THE ATTACK BEGAN WITH THE SHELLING OF THE SERB STRONGHOLD

OF KNIN, A CIVILIAN TARGET. REBEL SERB FORCES ORGANIZED A

WEAK COUNTEROFFENSIVE AND QUICKLY PREPARED AN EVACUATION

OF BOTH MILITARY AND CIVILIAN PERSONNEL FROM THE AREA.

"PRESIDENT OF THE RSK PARLIAMENT," RAJKO LEZAJIC, LATER

ACCUSED MARTIC AND MILITARY COMMANDER MRKSIC OF ORDERING

THE EVACUATION OF THE POPULATION. BOSNIAN SERBS SHELLED

SEVERAL CITIES IN GOVERNMENT-CONTROLLED CROATIA ALTHOUGH

ZAGREB WAS NOT HIT.

ALTHOUGH REPORTEDLY ORDERED TO STAY AWAY FROM CIVILIAN

TARGETS, GOVERNMENT FORCES WERE RESPONSIBLE FOR THE

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PAGE 03 ZAGREB 05178 07 OF 15 181358Z

INDISCRIMINATE DEATHS OF MANY CIVILIANS AND UN PERSONNEL

DURING BOTH ACTIONS. THE GOVERNMENT LATER CLAIMED THAT

188 SERBS HAD BEEN KILLED DURING THE MAY ACTION, OF WHICH

54 DEATHS WERE CIVILIAN. AFTER THE AUGUST ATTACK, THE

GOVERNMENT ANNOUNCED THAT 116 SERBS AND 42 CROAT CIVILIANS

HAD BEEN KILLED, AS WELL AS 402 "RSK" SOLDIERS AND 211 HV

TROOPS. UNCRO ESTIMATES OF THESE FIGURES ARE HIGHER.

DURING OPERATION FLASH, THE UN REPORTED 30 CIVILIAN

CORPSES NEAR THE VILLAGE OF NOVI VAROS. EYEWITNESS

REPORTED SOLDIERS SHOOTING AT FLEEING REFUGEES.

ON AUGUST 8 NEAR DVOR, CROATIAN AIR FORCE SORTIES FIRED ON

A REFUGEE COLUMN FLEEING INTO BOSNIA. THE GOVERNMENT

CLAIMED THAT THE SERBS WERE MOVING TANKS AND OTHER HEAVY

EQUIPMENT IN THE SAME COLUMN. ONE WOMAN DIED FROM WOUNDS

SHE RECEIVED WHEN A REFUGEE COLUMN WAS STONED ON AUGUST 9

BY ON-LOOKERS IN SISAK. THAT SAME DAY, A BRITISH

JOURNALIST WAS KILLED AND TWO OTHERS WERE WOUNDED NEAR

VRGINMOST, MISTAKENLY TARGETED AS SERBS BY HV FORCES.

BOSNIAN GOVERNMENT ARMY (ABH) FORCES ENTERED CROATIA

DURING THE AUGUST OFFENSIVE WITH CROATIAN GOVERNMENT

CONSENT. WHILE ESCORTING A REFUGEE COLUMN IN AUGUST,

UNCRO PERSONNEL WITNESSED THE DELIBERATE SHOOTING OF 9-11

MENTALLY AND PHYSICALLY HANDICAPPED SERB REFUGEES BY

IRREGULAR UNITS OF THE ABH. ABH FORCES ALSO SHELLED A

SERB REFUGEE COLUMN IN DONJI ZIROVAC ON AUGUST 8.

DURING THE OFFENSIVES, THE UN SUFFERED CASUALTIES FROM

BOTH SIDES. HV FORCES THREATENED AND CAPTURED UN

OBSERVATION POSTS, HOLDING SOME PERSONNEL HOSTAGE FOR

SEVERAL HOURS. THESE FORCES LOOTED MANY ABANDONED UN

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PAGE 04 ZAGREB 05178 07 OF 15 181358Z

COMPOUNDS. WHEN HV TROOPS ENTERED KNIN IN AUGUST, THEY

PREVENTED ANYONE FROM LEAVING THE UN COMPOUND TO MONITOR

THE FIGHTING. A DANISH UNCRO SOLDIER WAS USED BY REBEL

SERBS AS A HUMAN SHIELD AND WAS KILLED BY HV FIRE. THE

OFFICER RESPONSIBLE FOR THE ORDER TO SHOOT WAS ARRESTED

AND A MURDER CHARGE IS PENDING AGAINST HIM. HV FORCES

THREW A GRENADE INTO A JORDANIAN BATTALION BUNKER,

RESULTING IN 4-6 DEATHS. (SEE SECTION 1.A FOR DEATHS

FOLLOWING THE ACTION.)

BOTH POLICE AND MILITARY FORCES WERE RESPONSIBLE FOR

LOOTING AND THE DESTRUCTION OF PROPERTY, INCLUDING THE

MINING AND BURNING OF HOUSES. THIS DESTRUCTION CONTINUED

MANY MONTHS AFTER THE COMPLETION OF THE ACTION AND WAS

LATER COMMITTED BY ROVING CIVILIANS AS WELL. (SEE SECTION

1.F FOR MORE DETAILS.)

ELSEWHERE, ISOLATED CEASEFIRE VIOLATIONS CAUSED AT LEAST

THREE FATALITIES. OCCASIONAL SHELLING OCCURRED THROUGHOUT

THE YEAR FROM BOSNIAN SERB POSITIONS BORDERING CROATIA,

MOST COMMONLY TARGETING ZUPANJA, OSIJEK, AND THE DUBROVNIK

AREA. DUBROVNIK AIRPORT WAS SHELLED IN APRIL, MAY,

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PAGE 01 ZAGREB 05178 08 OF 15 181359Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E678 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8381

UNCLAS SECTION 08 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

AUGUST, AND OCTOBER. THREE YOUNG ADULTS WERE KILLED IN A

SUBURB OF DUBROVNIK FROM INDISCRIMINATE SHELLING IN

OCTOBER. THESE ATTACKS ALSO CAUSED SUBSTANTIAL PROPERTY

DAMAGE.

SEVERAL DEATHS OCCURRED THROUGHOUT THE YEAR FROM MINES.

THE WIDE EXTENT OF MINE-LAYING DURING THE CONFLICT WAS

INCREASINGLY EVIDENT AFTER HV FORCES GAINED CONTROL OF THE

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THREE SECTORS. SOLDIERS AND CIVILIANS FROM BOTH SIDES, AS

WELL AS UNCRO PERSONNEL WERE VICTIMS OF UNMARKED AND

UNCLEARED MINEFIELDS.

EXPULSIONS OF CROATS, HUNGARIANS, SLOVAKS, CZECHS, AND

OTHER NON-SERBS CONTINUED IN SERB-OCCUPIED AREAS

THROUGHOUT THE YEAR, WITH THE NUMBER OF INCIDENTS

INCREASING IN THE REMAINING SERB-HELD TERRITORIES AFTER

EACH OF THE TWO GOVERNMENT ATTACKS. BLESSED BY LOCAL

"OFFICIALS," THESE EXPULSIONS SERVED THE GOAL OF

ETHNICALLY-CLEANSING THE REGION OF MINORITIES.

SECTION 2. RESPECT FOR CIVIL LIBERTIES, INCLUDING:

A. FREEDOM OF SPEECH AND PRESS

THE CONSTITUTION PROVIDES FOR FREEDOM OF THOUGHT AND

EXPRESSION, SPECIFICALLY INCLUDING FREEDOM OF THE PRESS

AND OTHER MEDIA OF COMMUNICATION, SPEECH, AND PUBLIC

EXPRESSION, AND FREE ESTABLISHMENT OF INSTITUTIONS OF

PUBLIC COMMUNICATION. IN PRACTICE, GOVERNMENT INFLUENCE

ON THE MEDIA THROUGH STATE OWNERSHIP OF MOST PRINT AND

BROADCAST OUTLETS LIMITS THESE FREEDOMS. IN ADDITION,

GOVERNMENT INTIMIDATION INDUCES SELF-CENSORSHIP.

JOURNALISTS ARE SOMETIMES RELUCTANT TO CRITICIZE THE

GOVERNMENT IN PUBLIC FORUMS FOR FEAR OF HARASSMENT, JOB

LOSS, INTIMIDATION, OR BEING LABELED AS DISLOYAL TO

CROATIA.

THE GOVERNMENT CONTROLS ALL NATIONAL TELEVISION

BROADCASTING AND NATIONAL RADIO STATIONS, AND RETAINS A

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PAGE 03 ZAGREB 05178 08 OF 15 181359Z

CONTROLLING INTEREST IN TWO OF FOUR NEWS DAILIES, AND SOME

WEEKLY NEWSPAPERS. ALTHOUGH THESE STATE-CONTROLLED OR

HEAVILY STATE-INFLUENCED MEDIA FREQUENTLY CARRY REPORTAGE

CRITICAL OF THE GOVERNMENT, THEY MAINTAIN AN OVERALL

EDITORIAL SLANT FAVORABLE TO THE GOVERNMENT AND THE

GOVERNING PARTY, THE HDZ. BOTH THE BROADCAST AND PRINT

MEDIA ALSO OFTEN EXCLUDE NEWS REPORTS THAT PUT CROATIA OR

ITS GOVERNMENT IN AN UNFAVORABLE LIGHT. HRT HAS SEVERAL

TIMES NOT BROADCAST STATEMENTS MADE IN HIGHLY PUBLIC FORA

BY THE U.S. AMBASSADOR ON THE NEED TO OBSERVE HUMAN AND

MINORITY RIGHTS; ON AT LEAST ONE OCCASION, IT EMPLOYED

SOME CREATIVE EDITING OF A REPORT FEATURING THE AMBASSADOR

TO DO SO. EACH OF THE OPPOSITION PARTIES IS ALLOCATED

FOUR MINUTES OF TELEVISION TIME PER WEEK. ACCESS BY THE

PARTIES TO THE PRINT MEDIA IS MINIMAL, WITH OCCASIONAL

COVERAGE OF PRESS CONFERENCES AND INTERVIEWS.

DURING OCTOBER'S PARLIAMENTARY ELECTIONS, ONE HOUR OF FREE

BROADCAST TIME ON NATIONAL TELEVISION WAS MADE AVAILABLE

TO EACH OF THE REGISTERED POLITICAL PARTIES FOR THE PRE-

ELECTION CAMPAIGN. TIME SLOTS WERE DRAWN BY LOT. PAID

ADVERTISING ON NATIONAL TELEVISION WAS, IN THEORY,

AVAILABLE, BUT STATE-CONTROLLED CROATIAN RADIO AND

TELEVISION (HRT) REFUSED TO RUN ADVERTISING SPOTS FROM ONE

OF THE MAJOR OPPOSITION PARTIES ON THE GROUNDS THAT SOME -

-UNSPECIFIED-- INFORMATION IN THE AD WAS INACCURATE AND

THAT THE AD DID NOT MAKE CLEAR WHAT PARTY WAS PLACING IT.

THE HDZ HAD AN ADVERTISING BUDGET THAT DWARFED THAT OF ITS

RIVALS, AND IT MADE HEAVY USE OF THIS BUDGET TO BUY AIR

TIME ON THE NATIONAL, STATE-CONTROLLED TELEVISION NETWORK

DURING THE ELECTION CAMPAIGN.

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PAGE 04 ZAGREB 05178 08 OF 15 181359Z

A FEW NEWSPAPERS CONTINUE TO GUARD THEIR INDEPENDENCE,

INCLUDING THE DAILY NOVI LIST IN RIJEKA, THE WEEKLY

GLOBUS, THE INTELLECTUAL BIMONTHLY JOURNAL ERASMUS, THE

SATIRICAL WEEKLY FERAL TRIBUNE, AND THE WEEKLY ARKZIN,

PUBLISHED BY THE "ANTI-WAR CAMPAIGN." SOME EXTREMIST

PUBLICATIONS, WITH A VIRULENTLY ANTIGOVERNMENT SLANT, CAN

BE PURCHASED AT NEWSSTANDS, ALTHOUGH THEY HAVE A VERY

SMALL CIRCULATION. THE HIGHLY POPULAR AND OFTEN CRITICAL

FERAL TRIBUNE WAS SUBJECTED TO A 50 PERCENT TURNOVER TAX

IN 1994, THOUGH IN MARCH 1995, UNDER PRESSURE FROM THE EU,

THE TAX WAS LIFTED BY THE CONSTITUTIONAL COURT.

GOVERNMENT INFLUENCE OVER THE RECENTLY-PRIVATIZED

DISTRIBUTION NETWORK, COUPLED WITH STIFF VALUE-ADDED TAXES

LEVIED AT SEVERAL POINTS DURING THE PRODUCTION PROCESS,

ALSO HAS AN IMPACT ON PRESS FREEDOM. IT IS CLAIMED,

THOUGH DIFFICULT TO PROVE, THAT THE FEW PRINTING COMPANIES

ABLE TO REPRODUCE NEWSPAPERS DO NOT CHARGE THE PRO-

GOVERNMENT MEDIA FOR THEIR SERVICES; IT IS ALSO WIDELY

BELIEVED THAT TISAK, THE NATIONAL DISTRIBUTOR FOR ALL

NEWSPAPERS AND MAGAZINES, REMOVES INDEPENDENT JOURNALS

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NNNNPTQ3345

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PAGE 01 ZAGREB 05178 09 OF 15 181359Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E67C 181401Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8382

UNCLAS SECTION 09 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

VERY QUICKLY FROM ITS NEWSSTANDS WHILE AT THE SAME TIME

CHARGING THEM A HIGH PERCENTAGE OF THE COVER PRICE FOR ITS

SERVICES. CERTAIN INDEPENDENT NEWSPAPERS AND MAGAZINES

CLAIM THAT THEY MUST PAY OUT MORE THAN 50 PERCENT OF THEIR

GROSS REVENUES FOR TAXES AND DISTRIBUTION COSTS ALONE. ON

THE OTHER HAND, THE HIGH CIRCULATION OF SOME POPULAR

INDEPENDENT PERIODICALS, GLOBUS BEING THE MOST VISIBLE

EXAMPLE, HAS GIVEN THEM ENOUGH FINANCIAL INDEPENDENCE TO

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PAGE 02 ZAGREB 05178 09 OF 15 181359Z

THRIVE DESPITE THESE HIGH TAXES AND HIGH COSTS.

INTERNATIONAL PAPERS AND JOURNALS REMAINED AVAILABLE

THROUGHOUT GOVERNMENT-CONTROLLED AREAS, INCLUDING SERBIAN

PERIODICALS WHICH SUBSCRIBERS CONTINUED TO RECEIVE BY

MAIL.

CROATIA HAS THREE NATIONAL TELEVISION CHANNELS, AND A

LOCAL TELEVISION STATION IN ZAGREB WHICH REACHES A QUARTER

OF THE POPULATION OF CROATIA. ZAGREB-BASED CHANNELS ONE,

TWO, AND THREE ARE PART OF THE OFFICIAL CROATIAN RADIO AND

TELEVISION ENTERPRISE (HRT),HEADED BY A WELL-KNOWN HDZ

MEMBER. REGIONAL STATIONS OPERATE IN ZADAR, SPLIT,

VINKOVCI, AND OSIJEK.

IN AUGUST, PARLIAMENT ANNOUNCED THE FIRST ALLOCATIONS OF

FREQUENCIES FOR PRIVATE RADIO AND TELEVISION STATIONS

UNDER THE JULY 1994 BROADCAST LAW. NO FREQUENCIES FOR

NATION-WIDE PRIVATE BROADCASTERS HAVE BEEN ASSIGNED FOR

EITHER RADIO OR TELEVISION. TWO OF FOUR PLANNED

FREQUENCIES FOR TELEVISION AND FOUR OF TWENTY PLANNED

FREQUENCIES FOR RADIO AT THE COUNTY (ZUPANIJA) LEVEL WERE

ASSIGNED. NINE OF FIFTEEN PLANNED FREQUENCIES FOR

MUNICIPAL LEVEL PRIVATE TELEVISION WERE ASSIGNED AND 88 OF

111 PLANNED FREQUENCIES FOR MUNICIPAL RADIO BROADCASTERS

WERE ASSIGNED.

THE BROADCAST LAW MANDATES THAT ONE PARLIAMENTARY MEMBER

OF THE COUNCIL FOR CROATIAN TELEVISION BE AN ETHNIC

MINORITY REPRESENTATIVE, BUT THIS PERSON HAS NOT YET BEEN

APPOINTED.

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PAGE 03 ZAGREB 05178 09 OF 15 181359Z

IN SERB-CONTROLLED REGIONS, FREEDOM OF SPEECH AND PRESS

VIRTUALLY DID NOT EXIST. WITH MARTIAL LAW STILL IN

EFFECT, THERE WERE NO GUARANTEES OF PRESS AND OTHER

FREEDOMS, AND THE AUTHORITIES CONTROLLED THE TONE AND

CONTENT OF THE MEDIA.

AT THE YEAR'S END IN THE ONE REMAINING SERB-OCCUPIED AREA,

ONE TELEVISION STATION BROADCASTS FROM STUDIOS IN BELI

MANASTIR AND VUKOVAR. A FEW LOW-POWERED LOCAL RADIO

STATIONS BROADCAST FROM BARANJA AND EASTERN SLAVONIA.

GOVERNMENT RADIO AND TELEVISION SIGNALS ARE RECEIVED IN

THESE AREAS AS WELL.

AMONG THE FIRST ACTS THE GOVERNMENT UNDERTOOK AFTER ITS

FORCES RETOOK THE KRAJINA WAS TO BEGIN BROADCASTING

PROGRAMMING FROM THE HRT REGIONAL STATION IN KNIN.

ACADEMIC FREEDOM IS GENERALLY RESPECTED IN CROATIA.

B. FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION

THE CONSTITUTION PROVIDES THAT ALL CITIZENS HAVE THE RIGHT

TO PEACEFUL ASSEMBLY AND ASSOCIATION FOR THE PROTECTION OF

CITIZENS' INTERESTS OR THE PROMOTION OF SOCIAL, ECONOMIC,

POLITICAL, NATIONAL, CULTURAL, AND OTHER CONVICTIONS AND

OBJECTIVES AND THE GOVERNMENT RESPECTS THEM IN PRACTICE.

IN SERB-CONTROLLED AREAS, HOWEVER, THESE RIGHTS WERE NOT

RESPECTED. IN EARLY DECEMBER, OVER 2000 CROAT REFUGEES

GATHERED IN ZAGREB FOR THE LARGEST ANTI-GOVERNMENT

DEMONSTRATION SINCE INDEPENDENCE TO PROTEST THE DAYTON

PEACE AGREEMENT AND THE LOSS OF THEIR HOMES IN BOSNIAN

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PAGE 04 ZAGREB 05178 09 OF 15 181359Z

POSAVINA TO BOSNIAN SERBS. THE DEMONSTRATION WAS MOSTLY

PEACEFUL WITH A FEW ISOLATED INCIDENTS OF POLICE

HARASSMENT OF PROTESTORS.

C. FREEDOM OF RELIGION

THE CONSTITUTION PROVIDES FOR FREEDOM OF CONSCIENCE AND

RELIGION AND FREE PUBLIC PROFESSION OF RELIGIOUS AND OTHER

CONVICTIONS. THERE IS NO STATE RELIGION. ALL RELIGIOUS

COMMUNITIES ARE FREE TO CONDUCT PUBLIC SERVICES AND TO

OPEN AND RUN SOCIAL AND CHARITABLE INSTITUTIONS. ROMAN

CATHOLICISM, EASTERN ORTHODOX CHRISTIANITY, AND ISLAM ARE

THE MAJOR FAITHS IN CROATIA, AND THERE IS ALSO AN ACTIVE

JEWISH COMMUNITY. THE MAJORITY OF PRACTICING CROATS ARE

ROMAN CATHOLIC, AND THE GOVERNMENT PROVIDES AN OPTION OF

CATHOLIC RELIGIOUS EDUCATION IN SCHOOLS.

THERE ARE NO FORMAL RESTRICTIONS ON RELIGIOUS GROUPS. THE

MAIN MOSQUE IN CROATIA IS IN ZAGREB, WHERE IT SERVES NOT

ONLY AS A RELIGIOUS CENTER BUT ALSO AS A SOCIAL AID OFFICE

FOR THE LARGE BOSNIAN MUSLIM REFUGEE POPULATION. CROATIAN

PROTESTANTS FROM A NUMBER OF DENOMINATIONS, AS WELL AS

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PAGE 01 ZAGREB 05178 10 OF 15 181359Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E685 181402Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8383

UNCLAS SECTION 10 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

FOREIGN CLERGY, ACTIVELY PRACTICE AND PROSELYTIZE, AS DO

REPRESENTATIVES OF EASTERN-BASED RELIGIONS. SOME FOREIGN

RELIGIOUS ORGANIZATIONS SEEKING TO PROVIDE SOCIAL SERVICES

REPORTED BUREAUCRATIC OBSTACLES TO THEIR ESTABLISHMENT IN

CROATIA, BUT IT WAS UNCLEAR IF THIS HAD ANY CONNECTION TO

THEIR RELIGIOUS CHARACTER.

THE CLOSE IDENTIFICATION OF RELIGION WITH ETHNICITY HAD

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PAGE 02 ZAGREB 05178 10 OF 15 181359Z

EARLIER CAUSED RELIGIOUS INSTITUTIONS TO BE TARGETS OF

VIOLENCE. THE SERBIAN ORTHODOX CATHEDRAL IN DOWNTOWN

ZAGREB IS OPEN, AND SEVERAL OTHER ORTHODOX CHURCHES AND

MONASTERIES OPERATE FREELY IN GOVERNMENT-CONTROLLED

CROATIA. INTERNATIONAL HUMAN RIGHTS MONITORS SAID THE FEW

ORTHODOX PRIESTS AND NUNS WHO REMAINED IN CROATIA AFTER

THE 1991 WAR REPORTED GENERALLY GOOD RELATIONS WITH THEIR

CATHOLIC NEIGHBORS. AFTER THE MILITARY OFFENSIVES ON

WESTERN SLAVONIA AND THE KRAJINA REGION, MILITARY AND

POLICE FORCES GUARDED MOST OF THE ORTHODOX CHURCHES TO

PREVENT THEM FROM BEING LOOTED OR DESTROYED. HOWEVER,

SOME SERB CHURCHES WERE REPORTED BY INTERNATIONAL

OBSERVERS TO BE LOOTED OR DAMAGED.

MOST CATHOLIC CHURCHES IN THE SERB-OCCUPIED AREAS HAVE

BEEN DESTROYED. IN EASTERN SLAVONIA, ONLY ONE ACTIVE

CROATIAN CATHOLIC PRIEST REMAINS. A SLOVAK CATHOLIC

PRIEST ARRIVES REGULARLY FROM SERBIA TO HOLD MASSES.

MOST REQUESTS FOR CONSCIENTIOUS OBJECTOR EXEMPTION FROM

MILITARY SERVICE WERE GRANTED. THERE IS NO PROVISION FOR

CONSCIENTIOUS OBJECTOR STATUS IN THE SERB-OCCUPIED AREAS.

D. FREEDOM OF MOVEMENT WITHIN THE COUNTRY, FOREIGN

TRAVEL, EMIGRATION, AND REPATRIATION

THE CONSTITUTION GENERALLY PROVIDES FOR THESE RIGHTS, WITH

CERTAIN RESTRICTIONS. ALL PERSONS LEGALLY IN THE COUNTRY

MUST REGISTER THEIR RESIDENCE WITH THE LOCAL AUTHORITIES.

UNDER EXCEPTIONAL CIRCUMSTANCES, THE GOVERNMENT MAY

LEGALLY RESTRICT THE RIGHT TO ENTER OR LEAVE THE COUNTRY

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PAGE 03 ZAGREB 05178 10 OF 15 181359Z

IF NECESSARY TO PROTECT THE "LEGAL ORDER, HEALTH, RIGHTS,

OR FREEDOMS OF OTHERS."

THE GOVERNMENT REFUSED TO ALLOW THE REPATRIATION OF THE

ALMOST 200,000 REFUGEES WHO FLED THE FIGHTING TO THEIR

HOMES IN THE FORMER SECTORS NORTH, SOUTH, AND WEST.

10,000 TO 15,000 SERBS FILED APPLICATIONS TO RETURN BASED

ON HUMANITARIAN CONSIDERATIONS, BUT ONLY 400 WERE APPROVED

BY MID-NOVEMBER. APPROVAL WAS GRANTED ONLY IF THE

INDIVIDUAL HAD IMMEDIATE FAMILY IN CROATIA WHO WOULD

SPONSOR HIS RETURN, AND COULD PROVE LEGAL RESIDENCE IN

CROATIA BEFORE INDEPENDENCE. APPROVED RETURNEES DID NOT

RETURN TO THEIR HOMES IN THE FORMER OCCUPIED AREAS, BUT

WERE HOUSED BY THEIR FAMILY SPONSOR.

THERE ARE RESTRICTIONS ON FREEDOM OF MOVEMENT FOR ALL

JOURNALISTS AND ALL MALE CITIZENS FROM AGE 18 THROUGH 55,

IN THE CITIES AND AREAS CLOSE TO THE CONFRONTATION LINES.

THE PRESS HAS REPORTED ON SUCH RESTRICTIONS. JOURNALISTS,

AS WELL AS OTHERS, MUST REQUEST PERMISSION TO ENTER THE

CONFLICT ZONES.

THE GOVERNMENT IMPOSED NO SIGNIFICANT LEGAL RESTRICTIONS

ON THE MOVEMENT OF REFUGEES, DISPLACED PERSONS, OR

NATIONAL MINORITIES RESIDENT IN CROATIA. MANY REFUGEES

WERE HOUSED IN REMOTE LOCATIONS WITH LITTLE OR NO MEANS OF

PUBLIC TRANSPORT. THERE WERE SEVERAL CONFIRMED CASES OF

FORCED RETURN OF REFUGEES TO BOSNIA-HERZEGOVINA,

ESPECIALLY FROM AMONG THE REBEL MUSLIM REFUGEES FROM THE

BIHAC CANTON OF BOSNIA-HERZEGOVINA. THE GOVERNMENT TRIED

TO ENFORCE STRICTLY A POLICY OF ADMITTING NO NEW REFUGEE

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PAGE 04 ZAGREB 05178 10 OF 15 181359Z

UNLESS TRANSIT TO A THIRD COUNTRY WAS ASSURED. HOWEVER,

IN MID-SUMMER, LARGE NUMBERS OF CROAT AND MUSLIM REFUGEES,

FORCED FROM SERB-HELD NORTHERN BOSNIA BY ETHNIC CLEANSING

CAMPAIGNS, ENTERED CROATIA VIA A CROSSING OVER THE SAVA

RIVER AT DAVOR. ETHNIC CROATS WERE REGISTERED AS

REFUGEES, AS WELL AS A FEW MUSLIMS, BUT MOST MUSLIM

REFUGEES WERE IMMEDIATELY REPATRIATED TO GOVERNMENT-

CONTROLLED AREAS OF WESTERN BOSNIA.

THE GOVERNMENT ALSO CONTINUED TO RELOCATE REFUGEES FROM

COASTAL TOURIST FACILITIES TO INLAND AREAS AND TO

RECOVERED TERRITORIES. OFTEN THIS POLICY MET RESISTANCE

FROM REFUGEE GROUPS WHO DID NOT WANT TO MOVE TO BUILDINGS

WITH FEW MODERN LIVING FACILITIES OR TO BE UPROOTED AND

SEPARATED FROM THE PEOPLE WITH WHOM THEY HAD SPENT THE

LAST FOUR YEARS.

THE FORCES OF BOSNIAN MUSLIM REBEL LEADER FIKRET ABDIC

WERE DEFEATED BY THE BOSNIAN ARMY IN SEPTEMBER AND OVER

20,000 PEOPLE LEFT THE MUNICIPALITY OF VELIKA KLADUSA IN

NORTHERN BOSNIA AND ENTERED CROATIA. THE GOVERNMENT

REFUSED TO PROVIDE HARDENED SHELTER AND THE REFUGEES SET

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PAGE 01 ZAGREB 05178 11 OF 15 181359Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E68B 181402Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8384

UNCLAS SECTION 11 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

UP A MAKE-SHIFT CAMP IN THE VILLAGE OF KUPLJENSKO.

ALTHOUGH UNHCR AND THE INTERNATIONAL COMMUNITY DETERMINED

THEM TO BE LEGITIMATE REFUGEES FROM BOSNIA, THE GOVERNMENT

REFUSED TO GRANT THEM THIS STATUS AND SOUGHT WAYS TO

REPATRIATE THEM.

THE AUTHORITIES IN SERB-CONTROLLED AREAS CONTINUED TO

ENFORCE A COERCIVE REGIME, INCLUDING CURFEWS AND STRICT

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PAGE 02 ZAGREB 05178 11 OF 15 181359Z

TRAVEL LIMITATIONS NEAR THE FRONT LINES. THREATS AGAINST

THE NON-SERBS IN PROTECTED VILLAGES EFFECTIVELY CONFINED

THEM TO THEIR HOMES. SERBS WHO CROSSED OVER FROM

GOVERNMENT-CONTROLLED CROATIA WERE EAGERLY WELCOMED FOR

PROPAGANDA PURPOSES.

SECTION 3. RESPECT FOR POLITICAL RIGHTS: THE RIGHT OF

CITIZENS TO CHANGE THEIR GOVERNMENT

CROATIA IS A MULTIPARTY DEMOCRACY IN WHICH ALL CITIZENS 18

YEARS OF AGE AND OLDER HAVE THE RIGHT TO VOTE BY SECRET

BALLOT. THE PRESIDENT, ELECTED FOR 5 YEARS, EXERCISES

SUBSTANTIAL POWER, AUTHORITY, AND INFLUENCE BUT IS

CONSTITUTIONALLY LIMITED TO TWO TERMS. PARLIAMENT IS

COMPRISED OF THE HOUSE OF REPRESENTATIVES AND THE HOUSE OF

ZUPANIJE OR COUNTIES, AND THE CROATIAN DEMOCRATIC UNION

(HDZ) HOLDS A MAJORITY IN BOTH HOUSES. ITS LEADER,

PRESIDENT FRANJO TUDJMAN, WAS REELECTED IN 1992.

IN ELECTIONS FOR THE HOUSE OF REPRESENTATIVES, HELD IN

OCTOBER 1995, THE HDZ AGAIN WON A MAJORITY OF THE SEATS,

AND ELEVEN OTHER PARTIES ALSO WON SEATS. THE NATIONAL

DEMOCRATIC INSTITUTE FAULTED THE ELECTION CAMPAIGN ON A

NUMBER OF POINTS: THE ELECTORAL LAW WAS HASTILY PRESENTED

TO PARLIAMENT AND PASSED AFTER ONLY A FEW HOURS OF DEBATE;

A SPECIAL FRANCHISE FOR CROATS LIVING PERMANENTLY OUTSIDE

THE COUNTRY WAS CREATED TO INCLUDE ALMOST 10 PERCENT OF

SEATS IN THE PARLIAMENT; ETHNIC SERB REPRESENTATION --

BASED ON PERCENTAGE OF POPULATION -- WAS DROPPED FROM 13

SEATS TO 3 WITHOUT THE ASSISTANCE OF A CENSUS; CHANGES IN

CONSTITUENCY BOUNDARIES APPEARED TO BE ARBITRARY AND NON-

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PAGE 03 ZAGREB 05178 11 OF 15 181359Z

TRANSPARENT; STATE-RUN MEDIA RESTRICTED CRITICISM OF

GOVERNMENT POLICIES AND ACTIVITIES; AND THE ELECTION

ADMINISTRATION WAS FLAWED, FOR EXAMPLE VOTER LISTS WERE

OFTEN INACCURATE AND OUTDATED. THE FRANCHISE FOR THE

DIASPORA INCLUDED ETHNIC CROATS BORN AND RESIDENT IN

BOSNIA-HERZEGOVINA, BUT EXCLUDED ETHNIC SERBS BORN IN

CROATIA, WHO WERE LIVING AS REFUGEES IN SERB-CONTROLLED

AREAS. RULES FOR ACCESS TO THE STATE-OWNED MEDIA

RESTRICTED OPPOSITION PARTIES' ABILITY TO CRITICIZE

GOVERNMENT POLICIES AND ACTIVITIES.

DURING THE ELECTION, POLLING PROCEDURES WERE GENERALLY

ADHERED TO. POLL WORKERS AND OFFICIALS DEMONSTRATED A

GENUINE COMMITMENT TO CONDUCTING THEIR WORK FREELY AND

FAIRLY, AND USUALLY WELCOMED THE PRESENCE OF FOREIGN

OBSERVERS. THERE WERE, HOWEVER, INCONSISTENCIES AMONG

POLLING PLACES, MOST OF WHICH PROBABLY RESULTED FROM A

LACK OF TRAINING FOR ELECTION OFFICIALS. PROBLEMS WHICH

APPEARED DURING VOTING APPEAR TO HAVE CURTAILED THE RIGHTS

OF SOME MINORITY VOTERS. FOR EXAMPLE, THERE WERE REPORTS

THAT SOME SERBS WERE NOT ALLOWED TO VOTE FOR THE

STATE-WIDE PARTY LIST IF THEY EXERCISED THEIR RIGHT TO

VOTE ON THE SPECIAL LIST FOR ETHNIC SERB CANDIDATES AS

ALLOWED UNDER THE LAW. CASES OF PASSIVE INTIMIDATION OF

SERB VOTERS WERE ALSO REPORTED BY ELECTION OBSERVERS.

REPRESENTATIVES OF MOST MINORITY GROUPS (INCLUDING SERBS)

COMPLAINED THAT VOTERS HAD BEEN LEFT OFF THE VOTER ROLLS

OR HAD BEEN MISCLASSIFIED AS CROATS, AN ERROR WHICH

APPLIED TO AN ESTIMATED 10 PERCENT OF MINORITY VOTERS IN

SOME AREAS, ACCORDING TO A NUMBER OF ELECTION OBSERVERS.

ALTHOUGH THERE ARE NO LEGAL RESTRICTIONS ON PARTICIPATION

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PAGE 04 ZAGREB 05178 11 OF 15 181359Z

BY WOMEN OR MINORITIES IN THE POLITICAL PROCESS, THEY ARE

REPRESENTED IN ONLY SMALL NUMBERS IN PARLIAMENT, THE

EXECUTIVE BRANCH, AND COURTS. FIFTEEN WOMEN HOLD SEATS IN

PARLIAMENT; ONE IS THE PRESIDENT OF THE HOUSE OF COUNTIES.

CROATIAN ELECTION LAW REQUIRES REPRESENTATION FOR

MINORITIES IN PARLIAMENT, WITH PROPORTIONAL REPRESENTATION

FOR ANY MINORITY THAT MAKES UP MORE THAN EIGHT PERCENT OF

THE POPULATION. UNDER THE ELECTION LAW PASSED BY

PARLIAMENT IN OCTOBER 1995, THE NUMBER OF REPRESENTATIVES

OF THE SERBIAN COMMUNITY WAS REDUCED FROM 13 TO THREE ON

THE BASIS OF ESTIMATES OF THE NUMBER OF SERBS WHO FLED

CROATIA AND THE ASSUMPTION THAT THEY WOULD NOT RETURN,

DISREGARDING THE FACT THAT THEY REMAINED CROATIAN

CITIZENS. TWO OF THE THREE SEATS WERE WON BY THE SERBIAN

PEOPLE'S PARTY AND ONE SEAT WENT TO THE SOCIAL DEMOCRATIC

ACTION PARTY.

IN SEPTEMBER, THE GOVERNMENT TEMPORARILY RESCINDED

ARTICLES 21 AND 22 (AND ALL OTHER RELEVANT ARTICLES) OF

THE 1992 CONSTITUTIONAL LAW ON HUMAN RIGHTS AND FREEDOMS.

THESE LAWS HAD ESTABLISHED SELF-GOVERNING SPECIAL STATUS

DISTRICTS IN AREAS WHERE MINORITIES MADE UP MORE THAN 50

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NNNNPTQ3350

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PAGE 01 ZAGREB 05178 12 OF 15 181359Z

ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E68F 181402Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8385

UNCLAS SECTION 12 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

PERCENT OF THE POPULATION, NAMELY, MUNICIPALITIES IN THE

KNIN AND GLINA REGIONS. THE PROVISIONS REMAIN SUSPENDED

INDEFINITELY, AND AT A MINIMUM UNTIL THE RESULTS OF AN

APRIL 1996 CENSUS ARE KNOWN. THIS REPEAL OF THE SPECIAL

DISTRICTS LAW, OFFICIALLY JUSTIFIED BY THE CHANGE IN THE

DEMOGRAPHICS OF THE TERRITORY, AS WELL AS THE LAW

CONFISCATING ABANDONED PROPERTY, AND THE REFUSAL TO ALLOW

THE MASS RETURN OF SERB REFUGEES CONTRIBUTED TO CHARGES

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PAGE 02 ZAGREB 05178 12 OF 15 181359Z

THAT THE GOVERNMENT SOUGHT TO LEGALIZE AND

INSTITUTIONALIZE THE POPULATION CHANGES AFTER THE

OFFENSIVES TO CREATE A HOMOGENEOUS COUNTRY WITH NO

SIGNIFICANT MINORITIES.

THE "RSK" HELD ELECTIONS IN DECEMBER 1993 WHICH NO

INTERNATIONAL BODY RECOGNIZED AS LEGITIMATE. THE

"PRESIDENTIAL" CANDIDATE SPONSORED BY BELGRADE, MILAN

MARTIC, "WON" ONLY AFTER OFFICIAL MANIPULATION OF THE

VOTE. AFTER THE FALL OF THE "RSK," THE LONG-SERVING

LEADERS OF EASTERN SLAVONIA APPOINTED THEMSELVES AS THE

"REGIONAL GOVERNING COUNCIL" AND POLITICALLY "REORGANIZED"

THEMSELVES AS A "DISTRICT," NO LONGER A "REPUBLIC." NO

MINORITIES WERE REPRESENTED IN EITHER THE "PARLIAMENT" OR

THE "GOVERNMENT" OF THE "RSK," NOR ARE ANY ON THE COUNCIL.

SECTION 4. GOVERNMENTAL ATTITUDE REGARDING INTERNATIONAL

AND NONGOVERNMENTAL INVESTIGATION OF ALLEGED VIOLATIONS OF

HUMAN RIGHTS

HUMAN RIGHTS GROUPS IN ZAGREB, SPLIT, RIJEKA, AND OSIJEK

WORKED TO PREVENT HUMAN RIGHTS ABUSES IN THEIR RESPECTIVE

LOCALITIES AND BROUGHT THEIR CONCERNS TO THE ATTENTION OF

LOCAL AND NATIONAL AUTHORITIES AS WELL AS DOMESTIC AND

INTERNATIONAL MEDIA. MOST OF THESE GROUPS FOCUSED ON

LEGAL ADVOCACY PROGRAMS AND SOCIAL SERVICES SUPPORT FOR

THE REMAINING POPULATIONS IN THE RECOVERED TERRITORIES. A

COALITION OF GROUPS WAS CREATED IN MAY TO SUPPORT AND

MONITOR THE HUMAN RIGHTS SITUATION IN WESTERN SLAVONIA.

ELEMENTS OF THIS COALITION WERE LATER EXTENDED TO KNIN.

HUMAN RIGHTS GROUPS REMAINED HIGHLY CRITICAL OF THE

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GOVERNMENT'S HUMAN RIGHTS RECORD.

MAJOR LOCAL HUMAN RIGHTS GROUPS INCLUDE THE CROATIAN

HELSINKI COMMISSION, THE ANTI-WAR CAMPAIGN, THE DALMATIAN

SOLIDARITY COMMITTEE, THE DALMATIAN COMMITTEE FOR HUMAN

RIGHTS, AND THE CENTER FOR PEACE AND HUMAN RIGHTS. THE

SERBIAN PEOPLES' PARTY AND THE SOCIAL DEMOCRATIC UNION

HAVE HUMAN RIGHTS COMMITTEES. THE SERBIAN DEMOCRATIC

FORUM, ANOTHER LOCAL HUMAN RIGHTS GROUP, FOCUSED PRIMARILY

ON THE CONCERNS OF THE SERBIAN COMMUNITY. ALL OF THESE

GROUPS HAVE PUBLICLY CRITICIZED THE GOVERNMENT'S HUMAN

RIGHTS POLICY. INTERNATIONAL HUMAN RIGHTS ORGANIZATIONS

ARE ALSO ACTIVE IN CROATIA.

THE GOVERNMENT COOPERATED WITH INTERNATIONAL

INVESTIGATIONS OF WAR CRIMES CARRIED OUT BY THE U.N.

COMMISSION OF EXPERTS, PERMITTING FREE ACCESS TO REFUGEES

FOR GATHERING EYEWITNESS TESTIMONY, EVEN IN CASES IN WHICH

CROATS WERE THE LIKELY PERPETRATORS OF THE WITNESSED

ATROCITIES. THE GOVERNMENT PLEDGED ITS COOPERATION WITH

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE PROSECUTION OF

WAR CRIMES IN THE FORMER YUGOSLAVIA IN THE HAGUE. IN

NOVEMBER, PRESIDENT TUDJMAN NAMED THE COMMANDER OF BOSNIAN

CROAT FORCES, MAJOR GENERAL TIHOMIR BLASKIC, TO A NEW POST

IN THE INSPECTOR GENERAL DIRECTORATE OF THE HV, ONE DAY

AFTER BLASKIC HAD BEEN INDICTED BY THE TRIBUNAL. THIS

APPOINTMENT RAISED QUESTIONS ABOUT THE GOVERNMENT'S

PLEDGE.

SERBIAN FORCES DID NOT PERMIT THE FORMATION OR FUNCTIONING

OF LOCAL HUMAN RIGHTS GROUPS AND IMPEDED THE WORK OF

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INTERNATIONAL HUMAN RIGHTS GROUPS. AN ORGANIZATION CALLED

THE DANUBE PEACE BRIDGE, BASED IN SOUTHERN HUNGARY, WAS

ACTIVE IN EASTERN SLAVONIA, SUPPORTED BY ACTIVISTS FROM

BOTH CROATIA AND SERBIA, HOWEVER, LOCAL "OFFICIALS"

PREVENTED NON-INTERNATIONAL ACTIVISTS FROM GOVERNMENT-

CONTROLLED CROATIA FROM ENTERING THE REGION. ONLY U.N.

PERSONNEL AND THE EUROPEAN COMMUNITY MONITORING MISSION

HAVE LIMITED FREEDOM TO OBSERVE HUMAN RIGHTS PRACTICES IN

THESE AREAS.

SECTION 5. DISCRIMINATION BASED ON RACE, SEX, RELIGION,

DISABILITY, LANGUAGE, OR SOCIAL STATUS

THE CONSTITUTION SPECIFIES THAT ALL CITIZENS SHALL ENJOY

ALL RIGHTS AND FREEDOMS, REGARDLESS OF RACE, COLOR, SEX,

LANGUAGE, RELIGION, POLITICAL OR OTHER OPINION, NATIONAL

OR SOCIAL ORIGIN, PROPERTY, BIRTH, EDUCATION, SOCIAL

STATUS, OR OTHER ATTRIBUTES. IT ADDS THAT MEMBERS OF ALL

NATIONS AND MINORITIES SHALL HAVE EQUAL RIGHTS IN CROATIA.

WITH THE EXCEPTIONS NOTED BELOW, THESE RIGHTS ARE OBSERVED

IN PRACTICE. ONE ARTICLE PROVIDES FOR SPECIAL "WARTIME

MEASURES" BUT STATES THAT RESTRICTIONS SHALL BE

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E69B 181402Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8386

UNCLAS SECTION 13 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

APPROPRIATE TO THE NATURE OF THE DANGER AND MAY NOT RESULT

IN THE INEQUALITY OF CITIZENSHIP WITH RESPECT TO RACE,

COLOR, SEX, LANGUAGE, RELIGION, OR NATIONAL OR SOCIAL

ORIGIN. UNDER THESE MEASURES, THESE RIGHTS HAVE BEEN

OBSERVED IN PRACTICE.

THE LAW DOES NOT DISCRIMINATE BY GENDER. IN PRACTICE,

HOWEVER, WOMEN GENERALLY HOLD LOWER PAYING POSITIONS IN

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THE WORK FORCE. ALTHOUGH THE GOVERNMENT DOES NOT COLLECT

STATISTICS, INFORMED OBSERVERS STATE THAT VIOLENCE AGAINST

WOMEN, INCLUDING SPOUSE ABUSE IS COMMON, AND THAT THE

NUMBER OF INCIDENTS HAS INCREASED IN THE LAST FEW YEARS.

ALCOHOL ABUSE IS COMMONLY CITED AS A CONTRIBUTING FACTOR.

CENTERS FOR THE PSYCHOLOGICAL AND MEDICAL CARE OF ABUSED

WOMEN ARE OPEN IN SEVERAL CITIES, AND THERE IS A 24-HOUR

HOT LINE IN A ZAGREB MEDICAL CENTER. A NUMBER OF LOCAL

INSTITUTIONS AND VOLUNTARY AGENCIES OFFER SOCIAL, MEDICAL,

AND OTHER ASSISTANCE TO ABUSED WOMEN AND TO THOSE

TRAUMATIZED BY WAR EXPERIENCES. FAMILY CRISIS

ASSOCIATIONS ARE ALSO ACTIVE.

ALTHOUGH THE NUMBER OF FEMALE-LED ORGANIZATIONS HAS

INCREASED SINCE THE WAR, MOST ARE DEVOTED TO ANTIWAR OR

HUMANITARIAN CAUSES AND ARE POORLY ORGANIZED AND POORLY

FUNDED. THERE IS NO NATIONAL ORGANIZATION OF WOMEN

DEVOTED TO THE PROTECTION OF WOMEN'S RIGHTS.

THE GOVERNMENT HAS MADE A STRONG COMMITMENT TO THE WELFARE

OF CHILDREN. SCHOOLS PROVIDE FREE MEALS FOR CHILDREN, DAY

NURSERIES ARE AVAILABLE IN MOST COMMUNITIES EVEN FOR

INFANTS, AND MEDICAL CARE FOR CHILDREN IS FREE. THERE IS

NO DOCUMENTED PATTERN OF SOCIETAL ABUSE OR DISCRIMINATION

AGAINST CHILDREN.

THERE IS NO SPECIFIC LEGISLATION MANDATING ACCESS TO

BUILDINGS OR GOVERNMENT SERVICES FOR PEOPLE WITH

DISABILITIES. ACCESS TO SUCH FACILITIES IS OFTEN

DIFFICULT, HOWEVER, THE GOVERNMENT BEGAN A NEW PROGRAM TO

PROVIDE SEVERAL DISABLED WAR VETERANS WITH PUBLICLY-

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FINANCED HOMES DESIGNED ESPECIALLY TO ACCOMMODATE THEIR

PARTICULAR DISABILITY. PEOPLE WITH DISABILITIES FACE NO

DISCRIMINATORY MEASURES, AND EDUCATION AND JOB

OPPORTUNITIES GENERALLY ARE AVAILABLE.

OTHER SECTIONS OF THIS REPORT ADDRESS SERIOUS HUMAN RIGHTS

ABUSES SUFFERED BY PERSONS BASED ON THEIR NATIONALITY,

INCLUDING CASES OF GOVERNMENT ABUSE OF ETHNIC SERBS.

CONSTITUTIONALLY, CROATIAN SERBS ENJOY THE SAME PROTECTION

AS OTHER SELF-IDENTIFIED ETHNIC AND RELIGIOUS GROUPS IN

THE COUNTRY. IN PRACTICE, HOWEVER, THERE CONTINUES TO BE

EVER-PRESENT, SUBTLE, AND SOMETIMES OPEN DISCRIMINATION

AGAINST ORTHODOX SERBS IN SUCH AREAS AS THE ADMINISTRATION

OF JUSTICE, EMPLOYMENT, HOUSING, AND THE FREE EXERCISE OF

THEIR CULTURAL RIGHTS. SERBS CONTINUE TO BE PARTICULARLY

VULNERABLE TO ATTACK BECAUSE OF THE GOVERNMENT'S

RELUCTANCE TO PROTECT RIGOROUSLY THEIR RIGHTS. ATTACKS

AGAINST PROPERTY OWNED BY SERBS, OR EVEN CROATS WITH SERB-

SOUNDING NAMES, CONTINUED IN 1995, THOUGH AT A LESSER RATE

THAN IN PREVIOUS YEARS. SERBS IN CROATIA ALSO CONTINUED

TO RECEIVE ANONYMOUS THREATS BY MAIL, PHONE, AND FAX, BUT

IN FEWER NUMBERS THAN IN PREVIOUS YEARS. MANY SERBS LEFT

GOVERNMENT-CONTROLLED CROATIA DURING THE YEAR AS A RESULT

OF THE COMBINATION OF ECONOMIC DISCRIMINATION AND PHYSICAL

THREATS, AND THE LACK OF INTEREST SHOWN BY THE GOVERNMENT

TO CREATE CONFIDENCE RESTORING MEASURES WITH THE SERBS

REMAINING IN THE FORMERLY OCCUPIED AREAS.

THE MAKEUP OF THE POLICE FORCE, WHICH CONSISTS ALMOST

EXCLUSIVELY OF ETHNIC CROATS, SOME WITH LITTLE EXPERIENCE

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OR TRAINING IN POLICE WORK, CONTRIBUTED TO THE PROBLEM.

AS IN PREVIOUS YEARS, THE VAST MAJORITY OF CASES INVOLVING

VIOLENCE AGAINST SERBS WENT UNPUNISHED.

THE MUSLIM COMMUNITY IN CROATIA ALSO SUFFERED FROM ETHNIC

DISCRIMINATION AND CROATIAN MUSLIMS AND BOSNIAN REFUGEES

CONTINUE TO REPORT WIDESPREAD DISCRIMINATION IN MANY AREAS

SUCH AS CITIZENSHIP AND EMPLOYMENT RIGHTS.

THE GOVERNMENT'S PRACTICE OF DISCRIMINATING IN THE

ISSUANCE OF CITIZENSHIP PAPERS TOWARD ETHNIC MINORITIES,

PARTICULARLY SERBS AND MUSLIMS, DREW HARSH CRITICISM.

HUMAN RIGHTS GROUPS HAVE NUMEROUS DOCUMENTED CASES IN

WHICH THE INTERIOR MINISTRY DENIED CITIZENSHIP PAPERS TO

LONG-TERM RESIDENTS OF CROATIA (I.E., RESIDENT IN CROATIA

LONG BEFORE THE COUNTRY DECLARED ITS INDEPENDENCE). HUMAN

RIGHTS GROUPS COMPLAIN THAT THE INTERIOR MINISTRY ALMOST

ALWAYS BASED ITS DENIALS ON ARTICLE 26 OF THE LAW ON

CITIZENSHIP, WHICH PERMITS IT TO DENY CITIZENSHIP PAPERS

TO PERSONS OTHERWISE QUALIFIED TO BE CITIZENS OF CROATIA

FOR REASONS OF NATIONAL INTEREST. THE LAW DOES NOT

REQUIRE THE REASONS TO BE EXPLAINED, AND HUMAN RIGHTS

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E6A3 181403Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8387

UNCLAS SECTION 14 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

ORGANIZATIONS REPORTED THAT THE POLICE CONTINUED TO REFUSE

CITIZENSHIP APPLICATIONS WITHOUT FULL EXPLANATION.

THE LAW ON CITIZENSHIP DISTINGUISHES BETWEEN THOSE WITH A

CLAIM TO CROATIAN ETHNICITY AND THOSE WITHOUT. THE

"CROATIAN PEOPLE" ARE ELIGIBLE TO BECOME CITIZENS OF

CROATIA EVEN IF THEY DID NOT HAVE PREVIOUS CITIZENSHIP OF

THE FORMER SOCIALIST REPUBLIC OF CROATIA, AS LONG AS THEY

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SUBMIT A WRITTEN STATEMENT THAT THEY CONSIDER THEMSELVES

CROATIAN CITIZENS. OTHERS MUST SATISFY MORE STRINGENT

REQUIREMENTS THROUGH NATURALIZATION IN ORDER TO OBTAIN

CITIZENSHIP, EVEN IF THEY WERE PREVIOUSLY LAWFUL RESIDENTS

OF CROATIA AS CITIZENS OF THE FORMER YUGOSLAVIA. WHILE AN

APPLICATION FOR CITIZENSHIP IS PENDING, THE APPLICANT IS

CONSIDERED AN ALIEN, AND IS DENIED RIGHTS SUCH AS SOCIAL

ALLOWANCES, INCLUDING MEDICAL CARE, PENSIONS, FREE

EDUCATION, AND EMPLOYMENT IN THE CIVIL SERVICE.

SERBS AND OTHER ETHNIC MINORITIES ALSO SUFFERED FROM

ECONOMIC DISCRIMINATION. THE U.N. SPECIAL RAPPORTEUR ON

HUMAN RIGHTS PREVIOUSLY NOTED IN HIS REPORT THAT "IT

APPEARS THAT SERBS AND MUSLIMS ARE ALWAYS THE FIRST TO BE

DISMISSED..." WHILE THE DIFFICULT ECONOMIC SITUATION IN

CROATIA CONTINUED TO CAUSE HIGH UNEMPLOYMENT FOR ALL

SECTORS OF SOCIETY, THE SPECIAL RAPPORTEUR'S CONCERN WAS

AMPLIFIED BY A LARGE NUMBER OF CREDIBLE REPORTS THAT SERBS

BORE A DISPROPORTIONATE BURDEN IN LAYOFFS BY A BROAD

VARIETY OF EMPLOYERS. THROUGHOUT THE YEAR, HUMAN RIGHTS

ORGANIZATIONS CONTINUED TO RECEIVE INQUIRIES FROM SERBS

WHO HAD BEEN FIRED FROM THEIR JOBS AS FAR BACK AS 1992.

WHILE IN MANY CASES IT WAS IMPOSSIBLE TO DETERMINE THE

PROXIMATE CAUSE FOR THE FIRING OF AN EMPLOYEE, THERE WERE

CASES WHERE THE EMPLOYEE'S ETHNICITY WAS THE STATED

REASON. IN ONE CASE, THE ONLY DOCTOR TO REMAIN IN THE

KNIN HOSPITAL FOLLOWING OPERATION STORM WAS DISMISSED. IN

SOME CASES, DESPITE COURT ORDERS WHICH CONFIRMED THE

EMPLOYEE'S RIGHT TO EMPLOYMENT OR REINSTATEMENT TO A

PREVIOUS POSITION, THE EMPLOYER STILL REFUSED TO REHIRE

WORKERS WHO HAD BEEN OUT OF WORK SINCE 1992.

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THE ROMA MINORITY CONTINUED TO FACE SOCIETAL

DISCRIMINATION AND OFFICIAL INACTION WHEN COMPLAINTS WERE

FILED. THE 1991 CENSUS SHOWS A TOTAL OF UNDER 7000 ROMA

IN THE COUNTRY BUT COMMUNITY LEADERS NUMBER THE GROUP IN

THE TENS OF THOUSANDS.

OTHER MINORITY GROUPS -- SLOVAKS, CZECHS, ITALIANS,

HUNGARIANS -- DID NOT REPORT SIGNIFICANT DISCRIMINATION TO

THE SAME EXTENT AS THE SERB COMMUNITY. AT THE START OF

THE AUTUMN SCHOOL YEAR, ETHNIC HUNGARIAN PARENTS

COMPLAINED THAT ONLY CHILDREN WHOSE PARENTS WERE BOTH

REGISTERED TO BE OF HUNGARIAN ETHNICITY COULD REGISTER IN

HUNGARIAN SCHOOLS, PREVENTING MANY CHILDREN OF MIXED

BACKGROUND FROM ATTENDING. THE ITALIAN MINORITY IN ISTRIA

AND OTHER ETHNIC COMMUNITIES REPORTED DISPROPORTIONATE

NUMBERS OF MOBILIZATIONS PRIOR TO BOTH MILITARY

OFFENSIVES, AS A TEST OF THEIR LOYALTY TO CROATIA.

THE ABYSMAL TREATMENT OF NON-SERB MINORITIES IN THE SERB-

OCCUPIED AREAS IS DISCUSSED IN OTHER SECTIONS OF THIS

REPORT.

SECTION 6. WORKER RIGHTS

A. THE RIGHT OF ASSOCIATION

ALL WORKERS, EXCEPT MILITARY AND POLICE PERSONNEL, ARE

ENTITLED TO FORM OR JOIN UNIONS OF THEIR OWN CHOOSING

WITHOUT PRIOR AUTHORIZATION. THERE IS AN ACTIVE LABOR

MOVEMENT IN CROATIA WITH THREE NATIONAL LABOR FEDERATIONS

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AND INDEPENDENT ASSOCIATIONS OF BOTH BLUE-COLLAR AND

WHITE-COLLAR MEMBERS. IN GENERAL, UNIONS ARE INDEPENDENT

OF THE GOVERNMENT AND POLITICAL PARTIES.

THE RIGHT TO STRIKE IS GUARANTEED IN THE CONSTITUTION AND

IS LIMITED ONLY IN THE ARMED FORCES, POLICE, GOVERNMENT

ADMINISTRATION, AND PUBLIC SERVICES. STRIKES HAVE BEEN

INFREQUENT SINCE THE END OF 1994, WITH TWO NOTABLE

EXCEPTIONS IN THE TRANSPORTATION SECTOR. RAILWAY WORKERS

WENT ON STRIKE IN DECEMBER 1994 TO PROTEST POOR SAFETY

CONDITIONS AND LATE PAYMENT OF WAGES. AIRLINE PILOTS WENT

ON STRIKE FOR A FEW DAYS IN THE FALL DUE TO A WAGE

DISPUTE. IN THE FACE OF RELATIVE QUIESCENCE OF THE LABOR

UNIONS, WORKERS CONTINUE TO COMPLAIN ABOUT THE INABILITY

OF GOVERNMENT-OWNED OR GOVERNMENT-RUN INSTITUTIONS OR

INDUSTRIES TO PAY WAGES ON TIME. FOR EXAMPLE, TEACHERS

WHO STRUCK AT THE BEGINNING OF THE 1994-95 ACADEMIC YEAR,

CONTINUED TO PROTEST GOVERNMENT WAGE POLICY AND ON MORE

THAN ONE OCCASION THREATENED TO RESUME STRIKE ACTIVITY.

DESPITE STRIKES AND PROTESTS, THE GOVERNMENT HEWED CLOSELY

TO THE AUSTERITY PROGRAM IT IMPLEMENTED IN OCTOBER 1993 AS

PART OF ITS ECONOMIC STABILIZATION PROGRAM. THE RAILWAY

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ACTION EUR-01

INFO LOG-00 AID-00 AMAD-01 CIAE-00 SMEC-00 OASY-00 DODE-00

SRPP-00 EB-01 ED-01 HHS-01 H-01 SSA-01 TEDE-00

INR-00 IO-00 LAB-01 L-01 ADS-00 NSAE-00 NSCE-00

OIC-02 PRS-01 P-00 SCT-00 SP-00 STR-00 TRSE-00

USIE-00 PRM-10 PRME-01 PRMC-01 DRL-09 G-00 /033W

-------------- 09E6B3 181403Z /38

P 181334Z DEC 95

FM AMEMBASSY ZAGREB

TO SECSTATE WASHDC PRIORITY 8388

UNCLAS SECTION 15 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A

TAGS: PHUM SPR SOCI ELAB HR

SUBJECT: HUMAN RIGHTS REPORT FOR CROATIA

STRIKE, HOWEVER, SUCCEEDED IN GAINING GREATER UNION

REPRESENTATION WITHIN MANAGEMENT.

B. THE RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY

COLLECTIVE BARGAINING IS PROTECTED BY LAW AND PRACTICED

FREELY IN CROATIA. IN SPRING 1995, THE CROATIAN

PARLIAMENT PASSED A NEW LABOR CODE, WITH UNION SUPPORT,

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WHICH REVISED THE STATUTES GOVERNING COLLECTIVE BARGAINING

CONTRACTS, PROTECTION FOR STRIKING WORKERS, AND LEGAL

LIMITATIONS ON THE ABILITY OF EMPLOYERS TO CONDUCT

"LOCKOUTS" DURING LABOR DISPUTES.

MANY CROATIAN ENTERPRISES WHICH WERE "SOCIALLY OWNED" HAVE

BEEN "TRANSFORMED" OR NATIONALIZED AS A FIRST STEP TOWARDS

PRIVATIZATION. IN THE CURRENT TRANSITION TO PRIVATIZATION

AND A FREE MARKET ECONOMY, THE UNIONS ARE UNDER PRESSURE

DUE TO JOB LOSSES, GENERAL UNEMPLOYMENT IN A WEAKENED

ECONOMY, AND THEIR OWN STRUGGLE TO BECOME GENUINE FREE

TRADE UNIONS.

THE LABOR CODE, WHICH GOES INTO EFFECT ON JANUARY 1, 1996,

DEALS DIRECTLY WITH ANTIUNION DISCRIMINATION ISSUES.

UNIONS NOW CAN CHALLENGE FIRINGS IN COURT, AND THE NEW

LABOR CODE DID AWAY WITH PROVISIONS UNDER WHICH ILLNESS

HAD BEEN A VALID REASON FOR EMPLOYERS TO FIRE WORKERS. IT

ALSO ERASED PROVISIONS WHICH, UNDER THE OLD CODE, REQUIRED

UNION SHOP STEWARDS TO REMAIN ON THE JOB WHILE SERVING

FULL TIME ON WORKERS' COUNCILS, AND GRANTED THEM THE RIGHT

OF REINSTATEMENT WHEN SERVICE IS COMPLETED. NEVERTHELESS,

CROATIA'S TRADE UNION FEDERATIONS HAVE ALLEGED THAT THE

GOVERNMENT EMPLOYS STRONG-ARM TACTICS AGAINST EMPLOYEES

INVOLVED IN LABOR DISPUTES TO FORCE THEM BACK TO WORK.

SOME THREATS ARE ALLEGED TO INCLUDE MOBILIZATION OR "WORK

OBLIGATIONS," WHEREBY WORKERS ARE DRAFTED TO FILL

POSITIONS.

THERE ARE NO EXPORT PROCESSING ZONES IN CROATIA.

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C. PROHIBITION OF FORCED OR COMPULSORY LABOR

FORCED OR COMPULSORY WORK IS CONSTITUTIONALLY FORBIDDEN.

THERE WERE NO DOCUMENTED INSTANCES OF COERCED OR FORCED

LABOR. THE MINISTRY OF LABOR AND SOCIAL WELFARE IS THE

AGENCY CHARGED WITH ENFORCING THE CONSTITUTIONAL BAN ON

COERCED OR FORCED LABOR.

D. MINIMUM AGE FOR EMPLOYMENT OF CHILDREN

THE MINIMUM AGE FOR YOUTH EMPLOYMENT IS 15 AND IS ENFORCED

BY THE MINISTRY OF LABOR AND SOCIAL WELFARE. UNDER THE

CONSTITUTION, CHILDREN MAY NOT BE EMPLOYED BEFORE REACHING

THE LEGALLY DETERMINED AGE, NOR MAY THEY BE FORCED OR

ALLOWED TO DO WORK THAT IS HARMFUL TO THEIR HEALTH OR

MORALITY. WORKERS UNDER 18 ARE ENTITLED TO SPECIAL

PROTECTION AT WORK AND ARE PROHIBITED FROM HEAVY MANUAL

LABOR. EDUCATION IS MANDATORY UP TO AGE 14.

E. ACCEPTABLE CONDITIONS OF WORK

THERE ARE NATIONAL MINIMUM WAGE STANDARDS. PUBLIC SERVICE

UNIONS ARE PACESETTERS FOR THE REST OF THE WORK FORCE, AND

THEY WERE IN THE FOREFRONT OF CONTINUED EFFORTS TO

ENCOURAGE THE GOVERNMENT TO HONOR ITS COMMITMENTS. AS OF

OCTOBER, THE MINIMUM GROSS MONTHLY WAGE IN CROATIA WAS

ROUGHLY 200 U.S. DOLLARS GROSS (1024 KUNA) AND 140 USD NET

(694). NATIONAL REGULATIONS PROVIDE FOR A 42-HOUR

WORKWEEK, OVERTIME PAY, A HALF-HOUR DAILY BREAK, AND A

MINIMUM OF 18 DAYS OF PAID VACATION ANNUALLY. IT IS

STANDARD PRACTICE TO PROVIDE A 24-HOUR REST PERIOD DURING

THE WORKWEEK.

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HEALTH AND SAFETY STANDARDS ARE SET BY THE GOVERNMENT AND

ENFORCED BY THE MINISTRY OF HEALTH. IN PRACTICE,

INDUSTRIES ARE NOT DILIGENT IN MEETING STANDARDS FOR

WORKER PROTECTION.

FINN

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1995ZAGREB05178 - Classification: UNCLASSIFIED

v1.6.2

HUMAN RIGHTS REPORT FOR CROATIA

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