Zagreb, 10 October 1996

Dear Mr High Commissioner,

Thank you for your letter of 23 August 1996 in which you have raised several questions and comments related to the situation and status of minorities and the enjoyment of minority rights on the territory of the Republic of Croatia. Your comments and suggestions have been carefully considered by the Government of the Republic of Croatia, and I am taking this opportunity to clarify certain issues raised in your letter and inform you about the recent developments in the field.

In your letter you have raised your concern in respect of the security situation in the areas of Croatia liberated in August 1995, mostly in respect of the alleged harassment of the elderly population remaining in the area. In this respect, I would like to point out that the Croatian Government has taken significant measures to improve the security and humanitarian situation of the remaining population in the liberated areas. Additional number of 3.500 members of police units from other areas of Croatia were deployed immediately after the military operations in order to facilitate improvement of security of the area. Despite relatively strong police presence certain cases of criminal behaviour including some serious human rights violations have occurred, but in respect of such cases police authorities have undertaken all measures available in order to bring the perpetrators to justice. Since August 1995 Croatian police authorities have solved 58,8% of reported overall criminal cases (2.968 criminal cases out of 5.041 reported ones), including 19 out of 40 reported cases of murder, 1.934 out of 2.933 cases of robbery and theft, and 40 out of 68 registered cases of armed robbery. Moreover, I would like to inform you that, according to the data received by the Croatian Ministry of Interior, in the last six months cases of serious criminal behaviour have seldom been registered, witnessing the general trend of decrease of criminality in the areas in question.

Moreover, the Government of the Republic of Croatia has started the project "Save Lives" in cooperation with the International Federation of the Red Cross and Red Crescent Societies and the Croatian Red Cross Society. The main purpose of the project, which has already entered its second phase, is to improve the overall humanitarian situation of the remaining elderly and disabled persons remaining in the area, as well as to assure medical, social and humanitarian care for such persons and households.

The results of the first phase of the programme were significant, and the second phase, that has started recently, is mainly focused on setting measures to ensure the satisfactory level of medical and social care for the persons in question during the winter period. The information on the implementation of the project by the Ministry of Labour and Social Welfare is enclosed to this letter.

Concerning the question of the procedure for obtaining citizenship certificates in respect of refugees who have expressed their wish to return I would like to inform you that certain obstacles as to the speeding up of the procedures have been detected and effectively removed by the competent Ministries.

Moreover, as the result of the conclusion of the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia of 23 August l996, applications of refugees currently residing in the Federal Republic of Yugoslavia could easily be submitted through the Croatian Embassy in Belgrade. Up to present date 7.622 requests for the obtaining of Croatian citizenship by such refugees have been received by the Ministry of Interior, and subsequently 5.193 persons were granted the citizenship. In addition, out of 23.887 requests 21.756 identity cards have been issued. In regard of your suggestion to accept the identity cards issued by former SPRY as the proof of residence in the territory of the Republic of Croatia I would like to inform you that such documents, although with no legal value, play a significant role in the process of examination of citizenship requirements. However, such and similar documents, could not for the purposes of the said procedure be treated as the exclusive proof of the residence, but mainly as an indication of the former, which could be of decisive value solely in the context of other information available to the relevant authorities.

In respect of the expressed concern regarding the application of the Law on the Temporary Takeover and Administration of Specific Property I would like to draw your attention to the basic purpose of this legal act which enables the state only to govern the property which has been desolated by its owners without impairing the ownership title over the said property. Article 11(1) of the Law stipulates that the questions pertaining to the returning of the specific property in the possession of the owners shall be regulated by the Agreement on the Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia. As you may know, such Agreement is providing inter alia for the safe and voluntary return of refugees to their places of origin or other places of their choice as well as the return of the possessions or just and adequate compensation for the property (Art.7).

Furthermore, I could not agree with your opinion about the discriminatory nature of the Law on the Temporary Takeover and Administration of Specific Property particularly when Article 5 of the said Law is in question. This Article expressly provides for the possibility of granting the temporary possession and usage of such property to certain vulnerable categories of population, notably to "internally displaced persons, refugees, returnees whose property has been destroyed or damaged during the war of liberation, war invalids, members of the families of killed or missing members of Croatian defense forces, and the citizens who are carrying out the activities indispensable for the security, reconstruction and development of the formerly occupied territories". Having in mind tile specific needs of liberated areas and the express reference to certain vulnerable groups of population, tile provisions of Article 5 could hardly be deemed discriminatory towards any group of population, especially having in mind the possibility of those whose rights or interests have been violated to lodge a complaint against the decision of the Commission to the Ministry of Justice, as well as the possibility of recourse to the court.

In addition, let me draw your attention to somewhat inappropriate translation of the provisions of Article 5 of the abovementioned Law as quoted in your letter which is referring to "civil war" instead of the "war of liberation", that could cause some misinterpretations of the international nature of the armed conflict occurred on the territory of former Yugoslavia.

As regard your question concerning the return of refugees of Serbian ethnic origin to the Republic of Croatia I would like to point out that pursuant to the already mentioned Article 7 of the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia both states have undertaken the obligation to facilitate the free and safe return of refugees and internally displaced persons to their places of origin or other places of their choice. In view of the Croatian Government this far-reaching provision will significantly contribute to the process of return of the Croatian refugees of Serbian origin mainly by reducing the scope of limitations to such return.

Additionally, allow me, Mr High Commissioner, to Inform you that the Croatian Parliament has recently adopted the General Amnesty Law providing for the general amnesty from prosecution and criminal procedure in respect of the persons accused or sentenced for all of the crimes committed in connection to the aggression, armed rebellion, or armed conflict in the period from 17 August 1990 to 23 August 1996, with the exception of "the gravest violations of humanitarian law characterized as war crimes" as stipulated in the Article 3 of the said Law. However, it should be noted that the provisions of the General Amnesty Law do not alter the legal position of about 800 persons from the list issued by the Croatian Ministry of Justice hence this list refers solely to those accused and held suspect for war crimes. Nevertheless, it is our conviction that the passing of this important Law, as part of the obligations undertaken by the Agreement on Normalization of Relations between the Republic of Croatia and the Federal Republic of Yugoslavia, has significantly contributed not only to the overall development of conditions for free and safe return of all persons to their places of previous residence, but as well to the development of the conditions for the strengthening of peace in the region.

In respect of some cases of threatening telephone calls addressed to the persons of Serb ethnicity residing In the area presently controlled by UNTAES that you have pointed out in your letter, I would like to inform that I have drawn the attention of the competent government bodies to this issue in order to investigate such practices and take necessary legal steps.

Furthermore, I would like to take this opportunity to inform you about some recent initiatives of the Croatian Government related to the commitments undertaken in respect of the admission of Croatia in the membership of the Council of Europe. On 12 September 1996 the Croatian Government has established the Working Group on the Examination of Compatibility of Croatian Legislation with tile European Commission on Human Rights and Protocols composed of both government representatives and independent experts, that has already held its initial meeting on 8 October 1996.I am strongly convinced that such initiatives together with the forthcoming adherence to the European Convention on Human Rights and two instruments concerning minority rights, namely the Framework Convention for the Protection of National minorities and the European Charter for Regional and Minority Languages, will result of further improvement of the standards of the protection of national minorities as implemented on the national level.

Finally, Mr High Commissioner, allow me to reiterate the commitment of the Government of the Republic of Croatia for the overall development of the respect for human rights and freedoms in the whole of the Croatian territory.

In compliance with its responsibilities defined in Article 18 of the Law on the Responsibilities of Ministries and Government Authorities (Official Gazette 72/94), the Ministry of Labour and Welfare oversees the respect for, promotion and protection of basic human rights and freedoms in the area of labour and employment, social welfare, pension and disability insurance.

The principles embodied in the Croatian Constitution and its provisions concerning the fundamental human rights and freedoms, national equality, including economic and social rights, have set new and demanding tasks before the Ministry with respect to the need to create legislative and institutional preconditions for proper policy-making in the area of labour and employment, social welfare, pension and disability insurance. Thus laws have been passed on labour, employment, job inspection, safety at work; in the pipeline are laws for passage in the last quarter of this year covering pension insurance, children's allowance, family relations and social welfare.

The basic constitutional provision on national equality is being implemented by the Ministry of Labour and Welfare, inter alia, within the "Save Life" Project for the care of abandoned persons in the liberated areas of Croatia.

• individual care for endangered persons,
• listing and filing of such persons across the whole population,
• care for civil security (health insurance, pension schemes, family reunions, provision of food and clothes),
• fact-finding missions aimed at establishing the status of settlements, traffic and supply routes,
• setting up and coordination of welfare amenities (old persons' homes, welfare centres, Red Cross centres and international humanitarian organizations).

In its letter of 29 March 1996 this Ministry informed the UN Rapporteur for Human Rights Ms. Elisabeth Rehn in more detail on measures taken by the Ministry within the said project, its cooperation with domestic and international humanitarian organizations as well as actions taken in the area of employment and pension insurance.

As of 3 June 1996 the Ministry, in conjunction with the EQUILIBRE humanitarian organization, is implementing a joint project of assistance in providing personal documents to old and helpless persons who have stayed In the liberated area of the former sector North. The action Included a tour of the localities of Hrvatska Kostajnica, Dvor, Sisak, Karlovac, Ogulin, Topusko, Petrinja, Glina and Slunj; 224 persons were visited on the occasion and a procedure initiated for them to receive personal documents.

The procedure is more difficult and takes more time in those areas (Dvor and Hrvatska Kostajnica) where vital statistics and other records were burnt or in cases of persons who, due to their poor mental condition, are unable to give any required information, so that further procedure must be entrusted to a special guardian appointed by the local welfare centre In charge.

With the International Federation of Red Cross and Red Crescent Organizations and the Croatian Government Office for Displaced Persons and Refugees the Ministry of Labour and Welfare has signed the Humanitarian Cooperation Agreement (4 October 1996) covering reconstruction works in Donji Zemunik (former psychiatric hospital), Dubrovnik (thermal therapy), Udbina (former rehabilitation centre) and Pula ("Kamenjak"). The renewed buildings will have 700 new beds for accommodation of and care for old and helpless displaced persons and refugees as well as the most vulnerable sections of local population.

This project will be jointly financed: the Federation will provide 1,056,000 Swiss Francs from the donation of the Italian Embassy's Humanitarian Section, whereas the rest of funds required for the reconstruction of the mentioned buildings will be made available by the Ministry.

In addition to it, the Ministry, in cooperation with the International Federation of Red Cross and Red Crescent Organizations, UNHCR and the Croatian Red Cross, continues to provide social and humanitarian aid, including arrangements being currently made for distribution of fuel wood among households in the areas covered by the "Save the Life" action.

One-time cash allowances in the amount of 200 Kunas per household were paid on three occasion to persons living in the liberated area of the former sectors West, North and South. After the third payment (in December 1996), the beneficiaries have been included in the regular welfare system within which they can receive appropriate benefits, provided that they meet the relevant legal requirements. By 26 September 1996, 411 persons from the newly liberated areas have found shelter in welfare institutions.

The National Pension and Disability Insurance Fund has been participating in welfare activities in the liberated areas through their newly set up local services and branches and by dealing with applications for continued pension and disability benefits.

In the liberated areas of the former sectors West, North and South a total of 5,069 applications have been filed by 2 October 1996. Of this number 4,745 or 93.6 per cent have been solved.

In the liberated area of West Slavonia applications for continued social benefits have been submitted to the Fund's branches as follows:

• Okueani - Provisional Branch Office

In the liberated areas of Banovina, Kordun, Lika and Northern Dalmatia applications for continued social benefits have been submitted to the Fund's branches as follows:

In the Croatian Danubian Area the Darda Pilot Project covers 177 applicants for continued pension benefits. 149 pensions have been paid (one woman beneficiary has not collected her pension), whereas for other applicants it has been found that they were not beneficiaries of the National Pension and Disability Insurance Scheme; consequently, no pensions have been paid to them.

The Croatian Labour Office has set up new branches and services in the liberated areas and listed the unemployed persons there. By 3 October 1996, based on Individual registrations, a total of 7.912 unemployed persons have been filed who under current regulations have the same rights and duties as other unemployed Croatian citizens.

Unemployment records in the liberated area of West Slavonia, based on individual registrations, have been compiled as follows:

Unemployment records in the liberated areas of Banovina, Kordun, Like and Northern Dalmatia, based on individual registrations, have been compiled as follows:

With both liberated areas taken together, a total of registered unemployed persons is 7,912.