last updated 2 August 2005

In January 2005, the Committee for the Elimination of Discrimination Against Women issued its Concluding Comment on the second and third periodic reports of Croatia. The Report that Croatia submitted to CEDAW noted that women who are also members of a minority group tend to face additional barriers. In its presentation to the Committee, a representative of Croatia indicated that Croatia has highly developed legislation regulating ethnic minorities. Nonetheless, Croatia’s 2003 National Policy for the Promotion of Gender Equality recognized that in the past, the government failed to account for the status women within the minority groups. Gender-specific data within minority groups in Croatia is sparse. In response to the past failure to disaggregate the data by sex, the 2003 National Policy called for the establishment of a working group to compile data by gender, in hopes that a report could be drafted and an action plan created to improve the status of minority women. The working group was organized by the Government Office for Gender Equality and the Office for Ethnic Minorities and it was asked to develop a special plan to promote ethnic women. Ethnic minorities participated in the project. Still, the 2005 Concluding Comment of CEDAW expressed the need for Croatia to gather more information on ethnic minority women and to increase efforts to improve the status of Roma women, in particular.

Over the last 100 years, the land that is now known as Croatia has been six different states: the Habsburg Empire, the Kingdom of the Serbs, Slovenes and Croats, the Kingdom of Yugoslavia, the Independent State of Croatia, and the Republic of Croatia. Along with the changes in borders came changes in demographics. The region is predominantly habited by Croats, who entered the region in the sixth and seventh centuries, and Serbs are currently the largest minority in Croatia. Many Serbs migrated to the territory in the early sixteenth century, when the land was divided between the Turks and the Austrian Habsburgs. They were recruited by the Habsburgs to defend the border with the Ottoman Empire. In 1918, after the Austro-Hungarian Empire was defeated, the Kingdom of the Serbs, Croats and Slovenes was created. It later became the Kingdom of Yugoslavia. Throughout this time, ethnic minorities of all types were not free and discrimination was prevalent, both by the majority and between the minority groups. The territory was divided again when Germany invaded in 1941. This led to the formation of the Independent State of Croatia, commonly referred to as the Ustasa (fascist) state. The new government of Croatia began systematic discrimination, execution and expulsion of minorities, including Jews, Roma and Serbs. During the war, more than 500,000 Serbs and an estimated 26,000 Roma were murdered and 250,000 Serbs were forced to leave. In addition, more than 17,000 Croatian Jews were sent to concentration camps and killed.

After the War, the area became known as the Socialist Federal Republic of Yugoslavia (SFRY) and was ruled dictatorially by Josip Broz Tito. While a part of the SFRY, the Constitution of Croatia did provide protections for ethnic minorities, but the means for implementing the protections were lacking. Nonetheless, certain political and cultural rights of ethnic minorities were respected and Tito attempted to quell nationalist tendencies with the one-party state. Minorities were able to use their native languages freely and some schools offered classes in minority languages. Minorities were able to organize and were afforded proportional representation in government bodies. Despite the protections, however, ethnic tension persisted and nationalism grew. After Tito died, the presidency of SFRY rotated between the members until Slobodan Milosevic attained the position in 1986.

In 1990, Croatia held a multi-party election for the first time since World War II. In 1991 the people decided that Croatia should once again be an independent and sovereign state but the Yugoslavian leader Slobodan Milosevic was unwilling to recognize Croatia’s assertion of independence. He initiated military action, expressing intent to protect the Serb minority in Croatia. This increased ethnic tensions and was the marked the beginning of four years of bloody fighting.

Not long after achieving independence in 1991, Croatia began receiving pressure from the international community to enact legislation to protect minority rights. In 1992, Croatia was admitted to the UN and accepted responsibility for all of the UN treaties to which it had been a part under the SFRY, including the International Convention for the Abolition of All Forms of Racial Discrimination (CERD) [LINK]. At that time, however, Croatia was not enforcing the rights of minorities. The war in the region was raging. It left thousands dead and displaced tens of thousands. It transformed the demographics of Croatia, especially in the Serb occupied Eastern region of Slavonia where the population changed from 45 percent Croat and 25 percent Serb in 1991 to 84 percent Serb and 7 percent Croat in 1997, two years after the end of the war. Although the war ended, the region was fraught with ethnic tension.

The Erdut Agreement, signed in 1995, facilitated the return of Serbian occupied territory to Croatia and according to the report by Minority Rights Group International, it "greatly contributed to peace and the (re)integrating of the region of Eastern Slavonia, Baranja and Western Sirmium into the legal and political system of the Republic of Croatia." However, according to the Minority Rights Group International Report on Minorities in Croatia, minority Serbs were still threatened, displaced and killed in the years following the Agreement. The Minority Rights Group reported that the governments of both Serbia and Croatia were engaging in discrimination and persecution of minority groups. The Minority Rights Group also indicated in their report that out of great concern about the conditions at the time, the Council of Europe, the EU and the Organization for Security and Cooperation in Europe stepped in and "pressed the Croatian government to comply with domestic and international human rights standards, with some success." Croatia ratified and implemented the Council of Europe Framework Convention for the Protection of National Minorities [LINK] and in the last ten years, the government has taken numerous steps to improve the status of minorities within the country.

The 1991 census data identified twenty-three (23) minority groups in Croatia. Twenty-two (22) currently have legal status as national minorities. The 2001 census indicated that a total of "7.5 [percent] of the Croatian population are members of 16 national minorities" and that the largest minority group was the Serbs at 4.5 percent of the population. Other Minority groups with more than 1000 people included Bosniaks, Italians, Hungarians, Albanians, Slovenes, Czechs, Roma, Macedonians, Montenegrins, Germans, Ruthenians, and Ukrainians. The Minority Rights Group reports that, except for the Slovaks and Roma, all minority groups decreased in size between the 1991 census and the 2001 census. The report reveals that the Czechs, Hungarians, Italians and Serbs faced the largest decrease in size and offered various reasons for the drop, including past and present discrimination of Serbs, better education for minorities and a loosening of ties to the culture and ethnicity.

Since Croatia became independent, it has signed and ratified multiple treaties that address minorities’ rights and has passed legislation to improve the status of minorities within the country. It has ratified the UN Convention on Civil and Political Rights, the European Convention on Human Rights and Fundamental Freedoms, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages. It has also drafted bilateral agreements with neighboring countries that outline protections for those who come to Croatia from the neighboring countries and are part of a minority group. In 2000, Croatia passed a Law on the Use of the Language and Script of National Minorities and a Law on Education in the Language and Script of National Minorities. On 13 December 2002, Croatia adopted the Constitutional Law on the Rights of National Minorities (CLNM). This law sets forth "the domestic legal framework for minority rights in Croatia" and implements the obligations accepted by the ratification of the abovementioned treaties. It guarantees minority representation in parliament as well as in judicial and administrative bodies and calls for the establishment of advisory councils to provide consultation to local and state government on the implementation of the CLNM. The two laws passed in 2000 regarding the law of national minorities and the CLNM give minorities of a certain size the right to education in their mother tongue.

In addition, in accordance with the CLNM, the electoral law in Croatia currently reserves eight parliamentary seats for ethnic minorities. Twenty-two ethnic minority groups have been given the right to participate in elections for the seats. Although the law provided for minority representation, the government was slow to enforce the measure. The minority representation requirement was better implemented after the Government negotiated an agreement with the Independent Democratic Serb Party in 2003, in which the Croatian government agreed to step up protection for minority rights. The agreement stipulated that the Government would commit to return all refugees, provide restitution for illegally used Serb property and provide compensation for property that was destroyed. The Government also agreed to act to increase minority participation and representation within local and regional governments, including proportional representation on the police force, judiciary and public services. Currently, three of the parliamentary seats are held by the Serbian minority, and one each is held by the Italian and Hungarian minorities.

Despite the improvements that have been made, the European Union Opinion of 20 April 2004 indicated that minorities continued to be underrepresented in administration and in the judiciary and that certain legislation is still not in line with the CLNM. The Opinion also notes that the media has improved their coverage of minority issues and minority programming and indicates that hate speech is on the decline. The Government did create councils for ethnic minorities to help facilitate the participation of ethnic minorities in political decision-making. Training was provided to local minorities on how to advise local government bodies on behalf of minorities. Still, minorities are not integrated into Croatian society. In addition, Croatia’s Office on Ethnic Minorities analyzed the participation of ethnic women in political life and determined that like women in the majority, ethnic minority women continue to be underrepresented.

The U.S. Department of State Country report for 2004 reported that "open and sometimes severe discrimination continued against ethnic Serbs and Roma," including in school textbooks where derogatory terms were used to refer to the minority populations. The report also indicated that Serbs continue to be subject to harassment in several areas and that Roma continue to face violence and harassment as well. Nonetheless, NGO’s indicate that treatment of minorities had notably improved over 2004, possibly in part due to the 2003 agreement with the ethnic Serb party and the programs aimed at improving the status of the Roma in society.

Tension from the war, although diminishing, continues to linger between Serbs and Croats. Discrimination of the Serbs is evidenced in two areas in particular, the return of Serb refugees and restitution for their property. Many Croatians, Croat, Serb and others, were displaced during the war. However, Croat returning refugees have not faced the same barriers that Serbs have encountered upon return. Many Serbs have faced discriminatory practices when seeking repossession of the property they left behind during the war or compensation for occupied or destroyed property. The Erdut Agreement of 1995 and the 2003 agreement between the Government of Croatia and the Independent Democratic Serb Party have assisted Serbs in their efforts to reclaim their property. In addition, when Croatian courts are unwilling to protect their rights, Serb property owners are able to (and do) take their claims to the European Court of Human Rights. The 2004 EU Commission Opinion called on Croatia to "make additional efforts to integrate the Serb community into Croatian society at all levels."

The Roma people have been identified by many in Europe and in the international community as the most vulnerable European minority. A representative, presenting Croatia’s country report to the Committee to Eliminate Discrimination Against Women confirmed that the Roma people are the most vulnerable minority in Croatia. According to the 2001 census, there are 9,463 Roma in the country, a number that may be inaccurate due to the unwillingness of Roma to admit their ethnicity. Officials and NGO’s indicate that there may actually be as many as 30,000 to 40,000 Roma people living in Croatia. Throughout the entire region, including in Croatia, Roma deal with many difficult issues. Discrimination of the entire group is widespread, and language barriers are often present, especially for women. Because there is not a standard Roma language, it is difficult for Roma to take advantage of the laws regarding minority languages, which enable minority groups to study in their native language and conduct government business using their mother tongue. Roma teachers and resources were also hard to find. As a result of the discrimination and language barriers, many Roma have low levels of education and the overall population has a high unemployment rate. The Council of Europe reported that only 1.8 percent of Roma had temporary jobs and only 6.5 percent were permanently employed. The low economic and social status of the group contributes to the substandard treatment that they receive.

Croatia is working to improve the situation for Roma. The Council of National Minorities that was established to implement the CLNM and the local advisory committees that were subsequently created gave ethnic minorities a voice in government. In 2000, the first Roma was elected as a member of a local council. More recently, Croatia has received support from the European Union to develop short and long-term goals to incorporate Roma into Croatia’s public life and include Roma in the development of national programs for minorities. In 2003, Croatia developed a Programme for Roma People. One project within the program provided Roma women with mentors to discuss issues that affect Roma every day, including trafficking in women, juvenile marriages, and violence against women and children. An NGO in Zagreb initiated a campaign to bring awareness to Roma women about gender equality. Another team from the Office for Ethnic Minorities provided training to Roma. The Office stipulated that half of the participants in the training must be women.

In addition to raising awareness about gender equality, groups have also had to address issues of citizenship with Roma. During the war in the region, Roma fled to Croatia without documents. When the National Program for Roma was created, many Roma did not have citizenship. According to the U.S. Department of State, Romani NGOs reported that as many as 25 percent did not have the necessary documents. This precludes them from obtaining social benefits and employment. It also precludes their right to vote. Mobile teams gathering data on the health and social welfare of Roma traveled to Roma settlements around the country in September 2003. They found that in the large settlements, nearly everyone had Croatian citizenship. Those in the large settlements and in other areas who did not have Croatian citizenship had not applied for documents because of the cost to obtain them. Many had documents from other countries. To raise awareness about the documents necessary for Croatian citizenship, a pamphlet was published with information on the application process and the rights of the minority group.

Despite the progress that is being made, Roma, including the children, are still facing difficulties. Disputes remain regarding the need for separate services for Roma students and the need to integrate them into mainstream classrooms. One lawsuit was filed in a Croatia court in 2004 claiming that in certain primary schools, Roma children were subject to racial discrimination. NGOs report that another school was segregating Roma students from the other students. A lawsuit regarding the segregation was before the Constitutional Court at the end of 2004. On the other hand, at least two schools were commended for employing Roma assistants to help children overcome the language barrier. The National Program for Roma is intended to address some of educational barriers that Roma children currently face. The dire situation of the Roma people was recognized by all of the countries of Central and Eastern Europe and they have joined together with the Open Society Institute, the World Bank and many other international groups to declare 2005 to 2015 the decade of the Roma people.