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Article 4 1. The Parties undertake to guarantee that persons belonging to national minorities have the right of equality before the law and equal protection under the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited. 2. The Parties undertake to adopt, when necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and to those belonging to majority. In this respect, they shall take due account of the specific conditions of persons belonging to minorities. 3. The measures adopted in accordance with paragraph 2. shall not be consideredan act of discrimination.
Paragraph 1.
From the jurisdiction of the Ministry of Administration A special protection of minority rights is ensured in the Republic of Croatia in a way that the Constitution of the Republic of Croatia provides for a special procedure for passing legislation regulating minority rights. In addition, the protection of minority rights is within the exclusive jurisdiction of the State, which guarantees that persons belonging to a national minority shall have their rights and cultural autonomy protected. The Constitution of the Republic of Croatia mandates that a two-third majority of all representatives in the House of Representatives of the Croatian State Parliament is required for the passage of laws regulating minority rights. In addition, the Constitution also provides that such laws shall be passed only after an opinion has been obtained from the House of Counties. Furthermore, these issues can only be regulated by law, i.e., Rulings concerning minority rights can only be made by entities vested with such authority by the Constitution and there can be no delegating of authority. From the jurisdiction of the Ministry of Justice The basic regulation pertaining to the imprisonment system in the Act on the Execution of Sanctions Imposed for Criminal Acts, Economic Fraud and Offences ("Official Gazette" No. 21/74, 39/74, 55/88, 19/90, 66/93, 29/94), and implementations regulations passed by the Government of the Republic of Croatia, the minister of justice, the minister of, the minister of education and sport and house rules of the sanctioning bodies. The basic regulation does not contain any specific provisions pertaining to national minorities; rather, it follows the general constitutional provisions on the prohibition of discrimination based on national identity, religion, illegal treatment, the protection of basic human and individual rights, the equality of citizens before the law and the right to protection under equal terms. Pursuant to this, the present report has been designed exclusively in relation to Article 4. Paragraph 1. of the Framework Convention and its factual part will present the enforcement of the right to equality before the law and equal legal protection provided to persons belonging to national minorities when they are subject to a due process, pursuant to Article 6. paragraph 2., Article 8. and Article 10 paragraph 1.,2. and 3. of the Framework Convention. The Croatian State Parliament is about to pass the new Act on the Execution of Imprisonment Sentence, which will reform the Croatian imprisonment system. This is necessary in order to comply with the previously carried out reform of the criminal law, the adopted United Nations conventions, the European prison rules, and the conventions on the protection of human rights and the prevention of torture and inhuman or degrading treatment or punishment. It is worth pointing out that regardless of the substantive lack of compliance with the existing regulation, it does not in its utterence prevent sanctions from being executed in a way that allows immediate application, to the extent that it is possible, of the standards set forth in the adopted convention and rules on the treatment of persons under arrest, which is exactly the way sanctions are actually executed.
From the Constitution of the Republic of Croatia Article 14. "Every man and citizen of the Republic of Croatia shall enjoy all rights and freedoms regardless of race, skin colour, gender, language, religion, political or other opinion, national or social origin, property, birth, education, social status or other properties.� All shall be equal before the law." Article 26. "All citizens and aliens shall be equal before courts, government bodies and other bodies vested with public powers." Article 81. The House of Counties: - shall propose to the House of Representatives bills and the calling of referenda;
Article 83. "Laws which regulate national rights shall be passed by the House of Representatives by a two-thirds majority vote of all representatives. Laws which elaborate the constitutionally defined freedoms and rights of man and the citizen, the electoral system, the organization, responsibilities and operation of government bodies and the organization of local self-government and administration shall be passed by the House of Representatives by a majority vote of all representatives." Article 88. "The House of Representatives may, for a maximum period of one year, authorize the Government of the Republic to regulate by decrees individual issues falling within its competence, except those relating to the elaboration of constitutionally defined freedoms and rights, the electoral system, the organization, responsibilities and operations of government bodies and local self-government." Decrees based on statutory authority shall not have a retroactive effect.
From the jurisdiction of the Ministry of Labour and Welfare: A provision of Article 2. of the Labour Law (NN 38/95, 54/95 i 65/95) states that a person seeking employment and a person who is employed (employee) shall not be discriminated against based on race, skin colour, gender, marital status, family commitments, age, religion, political or other opinion, national or social background, property, birth, social status, membership or lack of membership in a political party, membership or lack of membership in the trade union, and physical or mental disabilities. It is obvious from the cited provision that a person seeking employment and a person who is employed may not be discriminated against based on national origin in favour of other persons. Protection against discrimination at work of employed persons belonging to a national minority is ensured within the framework of the general protection of workers' rights ensuing from employment, i.e. by the right to file with the employer a rights claim and to follow it by a law suit. From the Constitutional Law on Human Rights and Freedoms and the Rights of Ethnic and National Communities or Minorities in the Republic of Croatia Article 3. "The Republic of Croatia protects the equality of national and ethnic groups or minorities and thus encourages their universal development." From the Constitutional Law on the Constitutional Court of the Republic of Croatia: Article 28. 1) Anybody can file a suit with the Constitutional Court if he or she deems that a Ruling passed by a judiciary, administrative or any other body vested with public authority is in breach of one of his or her constitutionally guaranteed freedoms and rights of man and the citizen (constitutional right). 2) If some other legal means are available for dealing with a violation of constitutional rights, a constitutional suit may be filed only after such means have been exhausted. From the Law on Courts Article 3. Paragraph 1. "The courts safeguard the legal system of the Republic of Croatia as defined by the Constitution and the laws and ensure a universal application of the law and equality of all before the law." From the Penal Law Protection in criminal proceedings of the equality of all citizens is also contained and elaborated in the Penal Law of the Republic of Croatia, Article 106. Paragraph l. and especially Paragraph 2. of the same Article, Article 109., Article 151. and Article 174. Breach of equality of the citizens Article 106. "(1) Whoever shall, based on differences in race, skin colour, gender, language, religion, political or other creed, national or social origin, property, birth, education, social status or other properties, or based on belonging to an ethnic or national minority in the Republic of Croatia, withhold or restrict the freedom or the right of man and the citizen as defined by the Constitution, law or other regulation, or whoever may, based on such differences or belonging award privileges or preferential treatment to citizens, shall be given a prison sentence of between six months and five years." (2) The penalty as per paragraph 1. of this Article shall be imposed on any party that infringes on or restricts the right of a person belonging to a nation, ethnic or national community or minority to freely express his or her national belonging or the right to cultural autonomy. (3) Any party that shall violate the regulations pertaining to the use of language and script by withholding or restricting the right of a citizen to use his or her language and script, shall be fined or imprisoned for a duration of up to one year.� Violation of the right of association Article 109. "Any party that shall withhold or restrict the rights to freedom of association of the citizens to form political parties, trade unions or other associations in compliance with the law in older to advance their interests or promote social, economic, political, national, cultural and other creeds or goals, shall be fined or imprisoned for a period of between three months and three years." Violation of the standing of the Republic of Croatia Article 151. "Whoever shall subject to ridicule, scorn or disparagement the Republic of Croatia, its flag, coat-of-arms or anthem, the Croatian people or ethnic and national communities or minorities living in the Republic of Croatia, shall be given a prison sentence of between three months and three years." Racial and other discrimination Article 174. "(1) Whoever shall, based on differences in race, gender, skin colour, national or ethnic origin, violate the basic human rights and freedoms recognized by the international community, shall be given a prison sentence of between six months and five years." "(2) The penalty as per Paragraph 1. of this Article shall be imposed on any party that may persecute organizations or individuals over their commitment to equality of all people." "(3) Whoever shall publicly advocate or promote the idea of the superiority of one race over another, or shall spread racial hatred or instigate racial discrimination, shall be given a prison sentence of between three months and three years." The provisions cited under b) are enforced by law courts which pass Rulings in the courtroom, out-of-court and criminal proceedings, and, under some conditions, by the Constitutional Court of the Republic of Croatia.
The enforcement of these provisions falls within the competence of individual ministries, in keeping with their jurisdiction. For instance, economic provisions fall within the competence of the Ministry of Economics, healthcare provisions fall within the competence of the Health Ministry and the Ministry of Labour and Welfare is responsible for the enforcement of the provisions pertaining to labour and welfare. From the jurisdiction of the Ministry of Administration The protection of rights guaranteed by the Constitution, including minority rights, is guaranteed by a constitutional suit to be brought before the Constitutional Court. In addition to this, the Constitutional Court oversees the constitutionality of the legislation, including the procedure leading to the passage of laws. If a specific law should prove to have been passed in a procedure that violates the constitutional provisions, it would be subject to a constitutionality assessment and could be otlawed. From the jurisdiction of the Ministry of Justice: The provisions quoted in the legal part are enforced by law courts that decide in court, out-of-court and criminal proceedings, and under certain conditions, they are also enforced by the Constitutional Court of the Republic of Croatia. The enforcement of imprisonment penalty pronounced in criminal proceedings, or delinquency proceedings, correction measures pronounced to juvenile delinquents who committed a criminal act involving detention in a correction centre or precaution and detention measures pronounced in criminal proceedings fall within the jurisdiction of municipal courts, County courts, juvenile courts, magistrates courts and the Ministry of Justice and are carried out at district prisons, penitentiaries and correction institutions (hereafter: penal bodies). The system also includes a special body, i.e., an infirmary for persons for the hospitalisation and treatment of persons detained and serving a sentence. Penal bodies are subject to immediate general and professional supervision by the Ministry of Justice. Expert medical supervision is provided by the Health Ministry. The Ministry of Education and Sport carries out expert monitoring over the implementation of general education and vocational training. Judicial bodies oversee the lawful and adequate treatment of sentenced and detained persons.
Every citizen of the Republic of Croatia enjoys all human rights and freedoms and may not be discriminated against on any basis. The fundamental policy pursued by the Republic of Croatia is informed by the principle of equality of all citizens before the law. The State undertakes special measures to emancipate and assist those national minorities that were marginalized during previous regimes and were not taken systematic and due care of, such as, for example the Romanies. In the course of 1998, the Programme for Including Romany Children in the Education System of the Republic of Croatia was launched. A comprehensive plan for assisting the Romanies is currently being jointly designed by the competent ministries and the associations of the Romanies. From the jurisdiction of the Ministry of Justice: Activities associated with the enforcement of sanctions are of general interest for the republic of Croatia and therefore financed from the state budget. The funds are planned and allocated in compliance with the rules governing the planning and allocation of funds from the state budget. A smaller portion of the funds is raised through economic activities of the penal bodies and is used to supplement the income necessary to finance day-to-day operations. The economic activities pursued by penal bodies provide the convicted persons with an opportunity to work, which is the convicted persons' legal right rather than their duty. From the jurisdiction of the Ministry of Labour and Welfare: In the course of 1998, the Ministry of Labour and Welfare received a few petitions from persons belonging to the Serb national minority seeking assistance with employment. Difficulties arising from a high level of unemployment, caused by direct and indirect war damage and transition, equally affect all Croatian citizens regardless of their national origin. The difficulties are more pronounced in the areas which were occupied, administered or protected by the United Nations, which results in the unemployment rate roughly corresponding to the national origin of the population in those areas, and being even higher among the returnees of Croatian nationality. The Republic of Croatia has fulfilled its commitments, legally recognized the length of service during temporary occupation, recognized all rights ensuing from and based on employment, and ensured that persons belonging to national minorities remained in the state administration, local government an self-government, in the public services and in part of the economic entities owned by the state and units of local government, while those persons who did not qualify according to the regulations of the Republic of Croatia were given an extended deadline to comply with the job requirements. From the jurisdiction of the Ministry of the Interior: The Ministry of the Interior undertakes disciplinary and penal measures in all cases involving the abuse of authority by its employees, especially in cases involving a threat to or a restriction on human rights and the freedoms or a legitimate suspicion that the case involves discrimination based on national, religions or other belonging of a person or an ethnic group. Suitable measures continue to be undertaken along these lines with a view to preventing illegal conduct or activities which would constitute a violation of the international conventions on civil and political rights whose protection falls within the competence of the Ministry of the Interior. Having accepted to adjust the enforcement policies and measures pursued by the police in order to meet the values of a democratic society, the Ministry of Interior has already taken a few steps, ranging from the reform of the criminal law to completing the Interior Affairs Act and passing a few other regulations within the competence of the Ministry of the Interior, which fully comply with the European norms and the fundamental principles accepted worldwide as a way to provide synergy between the rule of law and the guaranteed rights of man. Besides the reform of the criminal law, the legislation on enforcement bodies, which regulates the structure, operations and conduct of the police, also contributes towards the protection of human dignity and inviolability of the rights and freedoms through repressive enforcement measures.
From the jurisdiction of the Ministry of Justice: Persons belonging to a national minority enjoy the same rights and privileges enjoyed by all other convicted persons as defined by the law, the implementation regulations and the house rules of the penal bodies. They exercise, under the same conditions, their right to deferment in serving the prison sentence, to cessation and relocation, parole, and post-prison assistance and counseling. The conditions under which they exercise their right to vote in the general elections are equal to those enjoyed by free citizens belonging to national minority, all in keeping with the election law and the special, binding guidelines issued by the Electoral Commission of the Republic of Croatia pertaining to the voting right of detained persons. They enjoy equal treatment in terms of accommodation, food, clothing, work and reward for performed work, the right to a general education and vocational training, and the use of their language and script. They are allowed access to press and literature in their own language, the use of their own language in official contexts through interpreters. In addition, some members of the stuff employed at the penal bodies speak, in addition to Croatia, the language of a national community in Croatia (Italian, Albanian, Czech, Slovak, German). They send and receive mail in their own language, receive visitors and packages. They fulfill their religious needs in specially designed and furnished areas within the perimeter of the penal body, and are free to contact representatives of their own religious communities. They take advantage of the opportunity to establish and maintain contacts with associations of national communities and individuals, through correspondence, visits, telephone conversations, receiving parcels and packages. They are free to use their national symbols, listen to their national music and watch television programmes broadcast by national communities. They are subject to an equal right to observe the legal provisions and the implementation laws, household rules governing order and discipline in the penal bodies, and are entitled to file a complaint with management of the penal body, the Ministry of Justice, and to petition the authorities. They are under an equal obligation to comply with the measures envisaged by some codes of conduct aimed at achieving the purpose of the penalty. They enjoy equal conditions in terms of disciplinary accountability and liability, acquire the right to privileges, and are entitled to medical care and treatment. Their share in the total number of convicted persons is very small, which is reflected in the following table - an excerpt from the 1997 annual report. National identity of convicts in the penal bodies in 1997:
Paragraph 2.
The Republic of Croatia is constituted as a national state of the Croatian nation and a state of persons belonging to other indigenous national minorities: Serbs, Czechs, Slovaks, Italians, Hungarians, Jews, Germans, Austrians, Ukranians, Ruthenians and others, who are its citizens, and are guaranteed equality with the citizens of Croatian nationality and the exercise of national rights in keeping with the democratic norms of the United Nations Organisation and the countries of the free world. In compliance with the cited provision (Historical Provisions for the Constitution of the Republic of Croatia), the Republic of Croatia had, even before ratifying the Framework Convention, pursued the policy of equality and protection of national minorities and had, in keeping with this policy, built into its legislation a number of provisions on the protection of national minorities.
Reference is made at this point to the constitutional provisions quoted in the introductory part, especially those addressing fundamental freedoms and rights of man and the citizen. From the Constitution of the Republic of Croatia: Article 49., paragraphs 1.,2., and 3. "Entrepreneurial and market freedom shall be the basis of the economic system of the Republic of Croatia. The state shall ensure that all entrepreneurs enjoy an equal legal status on the market. Monopolies shall be forbidden. The state shall encourage economic growth and social welfare in all its regions." From the Constitutional Act on Human Rights and Freedoms and the Rights of Ethnic and National Communities or Minorities: Article 6., paragraph 1. "Clause d) The Republic of Croatia undertakes to ensure the protection of the right of members of all ethnic and national minorities to participate in public affairs, e.g. the right to political and economic freedoms in the social sphere, access to media and freedom in the field of culture and cultural matters in general." From the jurisdiction of the Health Ministry: The right to medical care is based on the provision contained in Article 58., of the Constitution of the Republic of Croatia (�Every citizen is guaranteed the right to medical care."), which is informed by the principle of universal coverage, which means that all citizens of the Republic of Croatia are covered by the health care system. In view of the desire to maintain a social approach to the healthcare system, as opposed to the systems fully governed by market laws, which prevail in some non-European countries, the adopted principles ensure that everybody has access to healthcare, at least to the extent that removes any immediate threat to health. Likewise, everybody is guaranteed access to services provided by primary and other healthcare institutions. The fundamental rights to healthcare are regulated by the Healthcare Act and the Act on Medical Insurance (Official Gazette No. 1/97 - amended text). The Croatian healthcare system is informed by the principles of universal coverage, continuity, accessibility, and a comprehensive approach to primary healthcare services, and a specialist approach to specialist and consulting services and healthcare provided in hospitals. We specifically point out that there is no gap in the field of healthcare between rights and the exercise of rights to meet the needs of national minorities. From the Act on Medical Insurance: Article 26. "In exercising the right to healthcare, every citizen is entitled to: 1. equality in the overall treatment in the exercise of healthcare
The Republic of Croatia has built both an institutional framework and a state infrastructure in a way that provides all citizens, including the members of national minorities, with equality in the exercise of their rights in all segments of life, and the preservation of their national, cultural, religious, linguistic and other characteristics and differences in Croatia as a country of equal citizens. From the jurisdiction of the Ministry of Health: The Ministry of Health performs administrative and other professional activities pertaining to the healthcare system, medical condition and medical needs of the population, protection of the population against infective diseases, ionizing and non-ionizing radiation, medical standards and norms pertaining to the quality of medicinal drugs, medical suitability of food products and general-use products, production and distribution of narcotics, the utilisation of medical resources, establishment of medical institutions, building and investment, professional training of healthcare workers, health education of the population, the system of health insurance, professional control and supervision of professionalism in healthcare, sanitary supervision, sanitary inspection activities, and other duties assigned to it. The Croatian Health Insurance pursues mandatory health insurance through the Head Office of the Institute as well as through its regional and branch offices. All insured persons in the Republic of Croatia are ensured rights and responsibilities ensuing from health insurance based on the principles of mutuality and solidarity in a way and under the conditions defined by the law. Healthcare services are dispensed through primary medical protection provided by out-patient clinics, pharmacies, emergency wards, and home-care institutions. Secondary-level medical institutions include polyclinics, hospitals and sanatoriums. Tertiary-level activities are pursued within the framework of state health institutes - medical institutions designed to carry out scientific medical research within the scope of the rights and responsibilities of the Republic of Croatia in the area of public health, transfusion medicine, control of immuno-biological preparations, control of pharmaceutical drugs, industrial medicine, protection against radiation and toxicology. At the level of local government and self-government (counties), there are County offices of labour, healthcare and welfare covering the administrative areas of labour relations, labour market and relations with trade unions, healthcare, health and pension insurance, protection of the war casualties and war veterans and welfare. County offices are set up in County centers and deal with state administration activities in the County or in the City of Zagreb. Self-governing authority of municipalities, townships and comities:
The legislative, executive and judicial branches in the Republic of Croatia act towards creating the necessary conditions for equal participation of all citizens, regardless of their nationality, in all the segments of economic, social, political and cultural life and education. A more detailed account of this is given under other Articles. From the jurisdiction of the Office for National Minorities of the Republic of Croatia In the course of 1997. members of national minorities elected their representatives to the National Minorities Council, passed the Ruling to Found the Council and launched the activities of the Council. The National Minorities Council has 14 members, one per national minority. This created an environment for a continuous dialogue between the national minorities on the one side and the Government and government bodies on the other. In order to fulfill its commitments to promoting the rights of national minorities, in 1998 the Government of the Republic of Croatia allocated the necessary funds to finance two special programmes. One was intended to help the Romany population that had been neglected for a number of years due to the marginal status it was awarded by the previous regime. The other was aimed at re-establishing civil trust in the sensitive relations in the war-affected parts of Croatia. In 1998 the Government of the Republic of Croatia allocated HRK556,728 for the Programme off Inclusion of Romany Children in the Education System of the Republic of Croatia. The funds were used to finance two Ministry of Sport and Education training courses for Romany assistant teachers, and two Ministry of Labour and Welfare courses for Romanies acting as mediators in welfare services. This was the beginning of a systematic process of providing assistance to the Romany population by including members of the Romany minority themselves in the education and welfare system. In addition, a portion of the funds was used to finance the supply of drinking water to the Romany settlement Loncarevo near Matekovac in the region of Cakovec. In order to accelerate the process of integration of the Serbian national minority into the social, economic, political and cultural life, the Government of the Republic of Croatia financed the Programme of Accelerated Integrarion in the Exercise of Specific Ethnic Rights of Persons Belonging to the Serbian National Minority Through the Institutions of the System, designed by two non-governmental associations of the Serbian national minority. The Association of Serbian Oganisations is a non-governmental association of members of the Serbian national minority, committed to promoting co-operation with other associations of the Serbian national minority and implementing programmes aimed at facilitating mutual understanding and trust through dialogue in the Republic of Croatia. The Joint Municipal Council is another non-governmental association of the Serbian national minority contributing to the same programme, but limiting its activities to two counties: Osjecko-Baranjska and Vukovarsko-Srijemska. In 1997, the Government of the Republic of Croatia earmarked HRK800,000 from the state budget for the Programme of Promoting Information, Reeconstructing and Building Organisations and Institutions of Serbs in the Republic of Croatia. The funds were allocated as follows: the Union of Serbian Associations received HRK500,000 for a constructive co-operation with the competent state institutions and the programme of building civil trust; the Ministry of Culture received HRK200.000 for the activities of museums and the protection of cultural heritage; the National and University Library received HRK100,000 for setting up a network of regional libraries for members of the Serbian national minority. In 1998 the Government of the Republic of Croatia granted HRK1,600,000 to the Joint Municipal Council based in Vukovar for the Programme of Building Civil Trust in the Croatian Danube River Region, aimed at promoting mutual trust and understanding through institutional dialogue; the Union of Serbian Organisations was awarded HRK500.000 for implementation the same Programme in other parts of Croatia. As part of the cited programmes, the Government designated an additional HKK150.000 to the Ministry of Reconstruction and Development and HRK100,000 to the Office for Refugees and Displaced Persons, with a view to encouraging reconstruction and the return of persons belonging to the Serbian national minority. In 1998, the Government of the Republic of Croatia allocated HRK1,600,000 from the state budget to benefit the Joint Municipal Council based in Vukovar, for the programme of professional assistance in the process of building civil trust, HRK500,000 to benefit the Union of Serbian Organisations based in Zagreb, and another HRK800,000 for the Programme of Accelerated Integration in the Exercise of Specific Ethnic Rights of Persons Belonging to the Serbian National Minority.
From the jurisdiction of the Ombudsman: Based on the data about the small number of complaints filed by citizens alleging ethnic discrimination, the ombudsman concludes that the government bodies have been applying suitable measures aimed at promoting a full and effective equality between members of national minorities and the majority population. The only complaint that can be directly linked with the person whose rights were violated belonging to a national minority shows the government bodies acting suitably but with a delay, as well as failure on the part of one of the injured parties to protect his rights in a suitable court action. Case study (P.P. - 448/97 dated 30.04.1997.) The ombudsman was approached by ambassador Henrik Amneus, head of the OESS mission in the Republic of Croatia, on the behalf of D. R. of Rijeka. In his letter to Mr. Amneus, D. R. who holds a Master's degree in pedagogy, states that he and another five teachers employed at an elementary school in Rijeka were fired because they were Serbs and because they opposed the ruling party. D. R. says in his letter that he is currently registered with the employment office, that he is 56 years old and has 32 years of service, and that he is approaching the international organisations because the competent Croatian authorities have failed to take any action. Measures taken: The minister of sport and education was asked to investigate the case and take appropriate action in case the injured party's rights proved to be accurate. The minister replied, enclosing reports on the investigation into the case conducted by the Skurinje Rijeka Elementary School, the County Department for Education Culture, Information, Sport, Technical Culture and the Rijeka Supervision Office. The latter provided in his reply an overview of the detected illegal activities associated with the case. On the whole, it seems that the burden of responsibility for the committed oversight lies on the school principal, who retired on December 31, 1995. He is also the main target of D.R. accusations. However, it must be emphasised that a comprehensive investigation was not launched before May 13, 1997. Until then, there were a few court cases resulting in some employees being re-hired however, it seems that D.R. failed to sue over the violation of the provision of the Labour Act, which was then in effect. The competent bodies, ranging from the County level to the Ministry, should have been acquainted with the case before the fired employees pressed charges. The school principal's retirement does not justify the failure of the Ministry of Education as the competent body (the minister's approval is required with every appointment) to take appropriate action. It happened so that the Supervision Office of the Ministry of Education and Sport detected the irregularities, but since D. R. failed to press legal charges, he himself was deprived of his rights. In her letter, the minister failed to indicate what action she planned to pursue in the follow-up to the case, which is why in June she received a recommendation which, among other things, reads as follows: "This and similar cases - you will agree with me - inflict substantial damage on the reputation of the Republic of Croatia, and instill in its citizens a legitimate sense of inefficiency of the state institutions responsible for taking equal care of every citizen. I can't but observe that all the competent educational authorities, after this case was publicized, were acquainted with it, and that the inspection and administrative supervision you launched immediately upon my request, could have been conducted at the time the persons were dismissed, i.e., while Mr. _.S. was still the school principal. Observing the fundamental provisions of the Constitution of the Republic of Croatia and the principles of equal dignity and the rights of all, regardless of their origin or national identity, as a widely accepted principle of international law and of the civilized, democratic world, I recommend that you take further measures within your competence, in order to satisfy D.R. and prevent other similar cases from arising." From the competence of the Health Ministry: In August 1998, the Union of Romany Associations filed with the health Ministry an application for ensuring sanitary and epidemiological protection of the Romany population. The application was referred to the Croatian Institute for Public Health. Since, from the medical point of view, the vaccination rate of the population in general, and children in particular, is on of the key problems, an investigation was immediately launched into the hygienic and epidemiological conditions under which Romanies live and the vaccination rate of the Romany population. All the public health institutes in the counties listed in the application filed by the Union of Romany Associations were sent a memo indicating the name of the contact person for every Romany settlement. According to the received reports, the situation is as follows: In Istarska County, the talks were held, the list of children was obtained, and the fact-finding efforts continue. In Bjelovarsko-Bilogorska County there is no need for any special hygienic and epidemiological protection of the Romany population, which is socially well adjusted with the rest of the population. In Sisacko-Moslavacka County, there is an obvious problem of a lack of drinking water in some parts of the Romany neighbourhoods and failure to dispose of human feces in a sanitary way. Improvement in the vaccination rate of Romany children was achieved through co-operation with the centres for social work. In Primorsko-Goranska County, no special problems were found in Romany Communities. According to the report by Koprivncko-Kri__evacka County, the sanitary and epidemiological conditions in Romany neighbourhoods were found to be inadequate and a number of measures need to be taken in co-operation with the County and municipal authorities in order to improve the situation. The report by the Public Health Institute based in Zagreb shows the sanitary living conditions of the Romany population to be unsatisfactory, and a number of measures need to be taken in order to improve them. In conclusion, in some parts of the Drava river region, sanitary and epidemiological conditions in Romany neighbourhoods and the vaccination rate of Romany children were found to be inadequate. Consequently, activities are under way aimed at improving the situation. From the jurisdiction of the Institute for the Protection of Family, Motherhood and Youth: The Republic of Croatia State Institute for the Protection of Family, Motherhood and Youth is currently conducting research, in co-operation with UNICEF, into the position and rights of Romany children in Croatia. The State Institute for Financial and Expert Assistance of UNICEF is carrying out a comparative study. The project is entitled: �The Rights of Romany Children in Croatia.� The project aimed at determining and assessing to what extent Romany children and young people, and their families, take advantage of their rights and liberties guaranteed by the Constitution and the laws of the Republic of Croatia. In order to design and propose suitable intervention programmes, it is necessary to find out how Romany communities live and function, to what extant Romanies are aware of their legal rights, and what causes them to fail to take sufficient advantage of their rights, especially in terms of social security measures. It is particularly important to identify the conditions in the field of healthcare (including nutrition), the rights related to social security, as well as the right to education and the use of the Romany language. The research is conducted in the field and involves carrying out surveys at four sites, i.e. in four Romany communities in Croatia: Zagreb (Pescenica), Rijeka, Cakovec and Durdevac. Special emphasis is given to the educational, nutritional, medical and legal status of household members, in particular children, in 25 Romany households on each site (100 Romany families overall). Surveying, gathering and entering of the data is based on a structured questionnaire and is run by the local centres for social work. The regional health protection institutes will pool the data on medical protection of pregnant women, Romany children and adolescents. The State Institute has received data which indicate a high birth-rate in the Romany population relative to their overall numbers. The high prenatal death-rate could be reduced by improving protection during pregnancy and delivery (pediatric histories show that about 95% of all pregnant women did not pay a single visit to a doctor during pregnancy). About 25% of Romany children are born at home, without any professional assistance. The high death rate among infants in Medimurska County is the result of the high infant death rate in the Romany population, which in turn is the result of babies dying at home with parents failing to seek medical assistance. As far as the admisssion of Romany children to the children's ward of the Cakovec hospital, in 1996 Romany children accounted for 25% of the total number of children admitted to the hospital (374 Romany children out of a total of 1,364 children). The most common causes of admission in the first year of life include respiratory diseases and diarrhea. Anemia, hipotrophia, hypovitaminosis, reflected on the skin and hair, are present in almost all the children. Parasitosis occurs already in the first year of life, with common occurrences of Ascaris lumb, Trichiuris trichuria, etc. Most children are ridden with lice, sometimes already in the first year of life. Chronic digestion disorders, even children who have been diagnosed with celiakia, fail to show up for regular check-ups. These data are based on the data reported by the maternity ward, the Center for Social Work, the County authorities and the children's ward of the hospital. As regards the project "The Position and the Rights of Romany Children in Croatia", 80 Romany households have been interviewed so far, 25 in each of the following municipalities: Cakovec (Romany neighbourhoods in Krusanac, Trnovac and Sitnice); Zagreb-Pescenica (Romany households in Kozarevi Putovi, Petrusevac I and Plinarsko Naselje); Rijeka (Romany households in MO Belvedere, Brajda and Pehlin), and five households in the municipality of Durdevac (in Pitomaca) The interviews conducted with representatives and spoke persons of Romany associations as well as social workers clearly reflect the shared problems that need to be addressed - providing Romany neighbourhoods with infrastructure, drinking water and sanitary facilities, building pre-school institutions such as day care centres and kindergartens for Romany children. Representatives of the State Institute for the Protection of Family, Motherhood and Adolescents met in Cakovec on July 8, 1998 with a delegation of the Medimurska County government and discussed the problems faced by the Romany population in Medimurje, and the impact on that population of the implementation of a number of the government's welfare measures. This is a highly heterogenous group, whose members declare themselves Romany, Romanian, and Bajas Romany and emphasize their different origins and languages. However, their way of life is completely identical. Very few are employed, and those who are do temporary jobs. They tend to commit minor or major offences and crimes, which makes it very difficult for them to adjust to the way of life of the broader community. Today, most of them declare themselves Croatians, which makes it difficult to determine their exact number. A large number of Romanies do not attend elementary schools, and Romany high school students are rare. This population has reported a high birth rate, especially since the introduction of a maternity bonus for unemployed mothers for every third child and for twins. Romanies account for almost a half of the total number of maternity bonus recipients in the County. Their annual birth rate represents 20% of the total number of births in Medimurska County. The county government bears the cost of medical insurance for almost the entire Romany population (except for the small number of employed persons and their family members), which adds up to HRK1.5m a year. The reason for concern is that the bulk of these funds is paid in cash and used for purposes it was not intended for, which only aggravates the social problems and the crime rate in this population. One of the major problems involves an increase in alcohol abuse. Maternity allowances are not at all used to meet the needs of the children. A few criminal charges have been pressed involving trade in those allowances and their abuse. Note: A detailed account of the exercise of cultural rights provided in Article 5. paragraph 1 From the jurisdiction of the Office for National Minorities of the Government of the Republic of Croatia In 1998, the Government of the Republic of Croatia started financing a special assistance programme for Romanies, which will continue in the coming years. Within the framework of the programme, the Health Ministry plans to launch some activities aimed at increasing the vaccination rate and improving sanitary living conditions for the Romany population. Until now, vaccination could only include school children, while there were some difficulties in reaching the children not attending school. The Health Ministry has identified some hot spots in terms of sanitary problems in the greater Zagreb area and in Koprivnicko-Kri_evacka and Sisacko-Moslavaca counties, that efforts are currently being made by the responsible services of the Croatian Institute for Public Health to increase the vaccination rate. Paragraph 3.
(see paragraph 1. and 2.)
(see paragraph 1. and 2.)
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