OSCE sees progress on Croatia key laws, urges faster implementation

ZAGREB, 8 July 2003 - A report on Croatia's fulfillment of its international commitments was outlined to the media today by the Head of the OSCE Mission to Croatia, Ambassador Peter Semneby.

The 29-page report details progress in areas under the OSCE mandate including refugee return, justice and the rule of law, reintegration and restitution of property, freedom of the media, police reform and work with non-governmental organizations from the period from November 2002 to June 2003.

The report will be presented to the 55 members of the OSCE Permanent Council in Vienna on Thursday, 10 July.

Presenting the main conclusions of the report at a news conference in Zagreb today, Ambassador Semneby gave the following statement:

"The Croatian Government's efforts within most parts of the Mission's mandate were characterized by increasing determination in comparison to previous reporting periods.

The Stabilization and Association Agreement (SAA) with the EU, together with the Government's EU membership application, filed in February 2003, continues to have a profound impact on the Mission's work and its relationship with the Government. Key issues in the Mission's mandate are part of the political criteria for accession to the EU.

While there has been progress on the legislative and administrative framework within important parts of the Mission's mandate since late 2002, the practical implementation of many programs remains slow and incomplete.

Refugee return remains the Mission's overriding concern. We have seen progress on the legislative and administrative framework for return, but practical implementation still remains slows. Regarding property possession, we have not seen an increase in the pace of return of occupied housing, due in significant part to the policy choices reflected in the applicable legislation. Conversely, Government efforts on property reconstruction have been advancing well, with the number of Serb beneficiaries receiving reconstruction assistance being substantially increased. It is significant that the authorities have recognized that the issue of housing for former occupancy/tenancy rights must be addressed. The programme must, however be judged on the basis of implementation.

Minority rights are closely related to the return issue, since most of Croatia's minority population is still outside the country. The adoption in December 2002 of a Constitutional Law on the Rights of National Minorities (CLNM) strengthened the minority rights regime in Croatia. The Law also provides reassurance to those refugees who consider returning. There has been partial implementation of the requirement to seat additional minority representatives in elected local and regional councils and to hold elections for new national minority councils. Other important parts have not yet been implemented.

The Government's judicial reform plan adopted in November 2002 focuses on increasing the judiciary's personnel and materials assets as well as legislative reform intended to enhance its efficiency. Partial implementation of this plan has been seen in the hiring of additional judges. Nevertheless, significant effects of these reform measures are not yet visible, and judicial proceedings continue to be characterized by widespread and excessive delays and lack of execution of final verdicts. There has been little legislative action to follow up the reform plan, although several draft laws related to judicial reform have been prepared by the Government.

The judicial handling of war crimes remains difficult, but important efforts are being made to review questionable charges and to enable the domestic judiciary to process war crimes charges in a fair way. Full co-operation with the ICTY remains a key condition for Croatia in its Euro-Atlantic integration efforts. The technical co-operation with the Hague Tribunal has improved, though the failure to arrest General Gotovina continues to be a source of concern to the Chief Prosecutor.

Reform of media-related legislation was advanced in February with the adoption of the new Law on Croatian Radio-Television (HRT). Only the procedure for the appointment of the HRT's regulatory body was noted as being potentially problematic. The formation of the HRT Council has been delayed in Parliament. Croatian Television (HTV), who remains the dominant source of information for most Croatians, has generally freed itself of political bias but pays little attention to issues such as refugee return and minority rights. At the local level, political pressure from local government officials is still witnessed as a result of the lack of transparency in local media ownership. Biased local reporting on issues related to refugee return adversely affects reconciliation in some areas.

Progress on police reform and training is being witnessed through the implementation of a comprehensive community policing programme and new programmes at the Police Academy. Minority representation in the police force needs to be enhanced to ensure compliance with the CLNM.

Regarding civil society and NGONGO
non-governmental organization development, most NGOs face significant financial challenges and weak structural support. The Government has initiated a support framework to NGOs in order to realize more targeted projects and their implementation throughout the entire country. The Government is planning efforts designed to enhance understanding and support for NGOs among local authorities.

Against this background, it is evident that reinforced efforts should be made to fill the gaps in the regulatory framework and to ensure the effective implementation of the programmes and legislation that have been adopted".