Cablegate: Human Rights Report for Croatia

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 15 ZAGREB 005178

SIPDIS

SBU/NOFORN

DEPT FOR EUR/SCE/HOH AND DRL

E.O. 12958: DECL: N/A
TAGS:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 01 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 01 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 01 OF 15 181358Z
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

UNCLASSIFIED

NNNNPTQ3337

UNCLASSIFIED PTQ3337

PAGE 01 ZAGREB 05178 02 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
------------------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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 02 OF 15 181358Z
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,
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 02 OF 15 181358Z
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.

UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 02 OF 15 181358Z
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

UNCLASSIFIED

NNNNPTQ3338

UNCLASSIFIED PTQ3338

PAGE 01 ZAGREB 05178 03 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
------------------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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 03 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 03 OF 15 181358Z
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

UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 03 OF 15 181358Z
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

UNCLASSIFIED

NNNNPTQ3340

UNCLASSIFIED PTQ3340

PAGE 01 ZAGREB 05178 04 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
------------------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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 04 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 04 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 04 OF 15 181358Z
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.

UNCLASSIFIED

NNNNPTQ3341

UNCLASSIFIED PTQ3341

PAGE 01 ZAGREB 05178 05 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
------------------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:
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.
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 05 OF 15 181358Z
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.

UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 05 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 05 OF 15 181358Z
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

UNCLASSIFIED

NNNNPTQ3342

UNCLASSIFIED PTQ3342

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:
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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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

UNCLASSIFIED

NNNNPTQ3343

UNCLASSIFIED PTQ3343

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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 07 OF 15 181358Z
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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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,

UNCLASSIFIED

NNNNPTQ3344

UNCLASSIFIED PTQ3344

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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 08 OF 15 181359Z
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
UNCLASSIFIED

UNCLASSIFIED

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.
UNCLASSIFIED

UNCLASSIFIED

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

UNCLASSIFIED

NNNNPTQ3345

UNCLASSIFIED PTQ3345

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:
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
UNCLASSIFIED

UNCLASSIFIED

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.
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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

UNCLASSIFIED

NNNNPTQ3346

UNCLASSIFIED PTQ3346

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:
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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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

UNCLASSIFIED

NNNNPTQ3349

UNCLASSIFIED PTQ3349

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:
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
UNCLASSIFIED

UNCLASSIFIED

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-
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

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

UNCLASSIFIED

NNNNPTQ3350

UNCLASSIFIED PTQ3350

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:
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
UNCLASSIFIED

UNCLASSIFIED

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
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 12 OF 15 181359Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 12 OF 15 181359Z
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

UNCLASSIFIED

NNNNPTQ3351

UNCLASSIFIED PTQ3351

PAGE 01 ZAGREB 05178 13 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
------------------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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 13 OF 15 181359Z
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-
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 13 OF 15 181359Z
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 13 OF 15 181359Z
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

UNCLASSIFIED

NNNNPTQ3352

UNCLASSIFIED PTQ3352

PAGE 01 ZAGREB 05178 14 OF 15 181400Z
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:
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
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 14 OF 15 181400Z
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.
UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 14 OF 15 181400Z

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
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 14 OF 15 181400Z
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

UNCLASSIFIED

NNNNPTQ3354

UNCLASSIFIED PTQ3354

PAGE 01 ZAGREB 05178 15 OF 15 181400Z
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:
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,
UNCLASSIFIED

UNCLASSIFIED

PAGE 02 ZAGREB 05178 15 OF 15 181400Z
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.

UNCLASSIFIED

UNCLASSIFIED

PAGE 03 ZAGREB 05178 15 OF 15 181400Z
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.
UNCLASSIFIED

UNCLASSIFIED

PAGE 04 ZAGREB 05178 15 OF 15 181400Z

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

UNCLASSIFIED

NNNN

1995ZAGREB05178 - Classification: UNCLASSIFIED

v1.6.2

© Scoop Media