The Human Rights Committee welcomed the submission of the State party’s second periodic report which gave detailed information on measures adopted by the State party to further the implementation of the Covenant.  

Furthermore, it welcomed the written replies provided in advance by the State party as well as the answers provided to the Committee during the consideration of the report, and the additional information provided after the consideration of the report.

Positive aspects pointed out by the Committee were in regards to the various constitutional amendments, as well as legislative, administrative and practical measures taken to improve the promotion and protection of human rights in the State party since the examination of the initial report.

However, principal subjects of concern and recommendations were the following: 

  • some provisions in the Constitution of the Republic of Croatia limit certain rights to “citizens”, including equality before the courts;
  • de facto discrimination and intolerance faced by members of ethnic minority groups, including reports of physical and verbal attacks as well as slow investigative and prosecutorial action;
  • obstacles faced by returnees, in particular members of the Serb minority, who encounter difficulties regarding the repossession of their property or their tenancy rights, access to reconstruction assistance, as well as reintegration into Croatian society;
  • women participation in political life as well as in the public service, inequalities between women and men persist in many areas, the underrepresentation of women in legislative and executive bodies, persisting stereotypes regarding the role of women in society;
  • domestic violence and impunity due to a low conviction rate;
  • article 17 of the State party’s Constitution not being entirely consistent with article 4 of the Covenant, in that constitutional grounds justifying a derogation are broader than the requirements of article 4;
  • many potential cases of war crimes remain unresolved, and the selection of cases has been disproportionality directed at ethnic Serbs;
  • war crimes trials held in absentia.

The Center for Human Rights Zagreb has submitted their Replies to the List of Issues for the Second Periodic Report for Croatia made by the Croatian Government, concluding that only an extensive, open and participatory process of consultation could lead to a comprehensive elaboration of the Second periodic report for Croatia.

Human rights organizations,  Center for Dealing With the Past – Documenta, Civic Committee for Human Rights – GOLJP and Centre for Peace, Non-Violence and Human Rights – CPNHR Osijek, have focused in their report on war crimes trial and their effect on the process of dealing with the past.

And Amnesty International’s briefing outlines concerns about the failure of the Croatian authorities to meet its obligations to respect and protect the rights to life, to freedom from torture and other ill‐treatment and to a remedy for violations of these rights without discrimination; as well as the right to freedom of expression, in particular in relation to the human rights violations which took place during the 1991‐1995 war.

All reports, including the Human Rights Committee’s concluding observations, are available for download.

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