Implementation by Croatia of its commitments in the framework of the procedure of accession to the Council of Europe

Implementation by Croatia of its commitments in the framework of the procedure of accession to the Council of Europe

Doc. 7569

27 May 1996

Report (1)

Rapporteur: Mr VAN DER LINDEN, Netherlands, Group of European People's Party

Summary

The Croatian authorities have recently acted in blatant disregard of their commitments, which were the basis of Opinion No. 195 on Croatia's request for membership.

In order to enable Croatia to accede to the Council of Europe, these commitments must be strictly respected.

I. Draft resolution

1.On 24 April 1995, the Assembly adopted Opinion No. 195 on Croatia's request for membership of the Council of Europe. On the basis of a list of commitments entered into by Croatia, signed by the President of Croatia and the President of the Croatian Parliament, and a number of expectations formulated by the Assembly, it was recommended that Croatia be invited to become a member of the Organisation.

2.The Assembly notes with dismay that the Croatian authorities have since acted in blatant disregard of their commitments. The repressive measures taken against the media, and the dissolution of the Zagreb City Assembly have cast severe doubt on their good faith. Moreover, concern has arisen about the implementation of the law on co-operation with the International Criminal Tribunal for the Former Yugoslavia.

3.However, the Assembly finds that the decision of the Constitutional Court annulling the government's decision to dissolve the Zagreb City Assembly is a positive sign of the functioning of the rule of law in Croatia.

4.The Assembly notes the position of the Committee of Ministers' Deputies of 15 May 1996. Before taking a decision on Croatia's accession, the Committee will consider a number of commitments and expectations, the fulfilment of which could be required of Croatia, according to a timetable to be fixed.

5.The Assembly notes with satisfaction the importance also attached by the Council of the European Union to respect for commitments undertaken with a view to accession to the Council of Europe. However, there is clearly a need for closer consultations to ensure co-ordination between the common foreign and security policy and the positions of the Council of Europe.

6.The Assembly demands that the Croatian authorities strictly respect the commitments _ and meet the expectations _ set out in Opinion No. 195, and that the Croatian Parliament act accordingly, in order to enable a rapid accession to the Council of Europe.

II. Explanatory memorandum by the rapporteur

On 24 April 1996 the Assembly, by a substantial majority, adopted Opinion No. 195 on Croatia's request for membership. During the debate many speakers, including the rapporteur, expressed concern about certain aspects of Croatia's democratic and legal system. Moreover, the necessity for Croatia to co-operate fully in the implementation of the Dayton agreements, including co-operation with the International Criminal Tribunal for the Former Yugoslavia, was repeatedly stressed.

The Assembly took its decision on the basis of specific commitments undertaken by Croatia in a document signed by the President of Croatia and the President of the Croatian Parliament, and a list of clearly formulated expectations.

However, only a few days after the vote in the Assembly, the Croatian authorities took measures against the media which were in clear contradiction with the commitments entered into. The offices of the weekly Panorama, which had repeatedly criticised the government, were closed for reasons of health and hygiene. A few days later charges were brought against journalists of the satirical weekly Feral Tribune, following an article criticising President Tudjman's plans to change a monument for victims of fascism in the Jasenovac camp into a monument for all victims of the second world war. It should be recalled that the Government had already on previous occasions tried to put pressure on the Feral Tribune by imposing a so-called pornography tax. This measure, which was at the time severely criticised by the Assembly's rapporteurs, was subsequently annulled by the Croatian courts.

In spite of the adoption of a constitutional law enabling the extradition of persons indicted by the International Criminal Tribunal for the Former Yugoslavia to The Hague, concern has arisen about co-operation with the Tribunal. According to the Tribunal, indicted Croats and Bosnian Croats remain at large, and it would appear that no proceedings have been instituted for war crimes or crimes against humanity against perpetrators of criminal acts committed during or after the so-called Operation Storm in August 1995 _ this despite reports about such crimes by United Nations and other observers.

Furthermore, on 30 April 1996 the Croatian Government dissolved the Zagreb City Assembly and appointed a government commissioner for the city of Zagreb. This notwithstanding an explicit commitment to take into account recommendations of the Council of Europe to resolve the problem. The rapporteur is pleased to note that, in its decision of 10 May 1996, the Constitutional Court annulled the government's decision as being unconstitutional. This must be regarded as a positive sign of the functioning of the rule of law in Croatia.

On 7 May 1996, the rapporteur wrote to Foreign Minister Granic expressing concern about the measures taken. He warned that failure to demonstrate strict respect of the commitments entered into would not facilitate the decision to be taken by the

Committee of Ministers (Appendix I).

At its meeting in Brussels on 13 and 14 May 1996, the Council of the European Union stated that "as far as Croatia's joining the Council of Europe is concerned, the Council, while reaffirming its support for Croatian membership, considers that an exact timetable should be set for compliance with the commitments accepted by Croatia as a prelude to joining. It proposes that the Committee of Ministers hold an extraordinary meeting, if possible before the summer, to decide on its admission, in the light of the extent to which Croatia respects this timetable" [Unofficial translation] (Appendix II).

The rapporteur welcomes the importance attached by the Council of the European Union to commitments undertaken with a view to accession to the Council of Europe. This also indicates the necessity of proper consultations between the European Union and the Council of Europe to ensure co-ordination between the implementation of the common foreign and security policy and the positions of the Council of Europe (as already called for in Recommendation 1279 (1995)).

At their 566th meeting on 15 May 1996, the Committee of Ministers' Deputies instructed their group on relations with the countries of central and eastern Europe to resume consideration at its next meeting (30 May 1996) of the question of Croatia's accession as soon as possible to the Council of Europe, on the basis of a document by the Secretariat setting out commitments and expectations, the fulfilment of which could be required of Croatia, according to a timetable to be fixed. The Deputies also agreed to resume consideration of this item at their next meeting from 3 to 6 June 1996.

The Rapporteur notes that the Committee of Ministers has not yet taken a final decision on the basis of Opinion No. 195. However, it would appear essential with regard to the fulfilment of commitments that the Committee of Ministers applies the same criteria to all candidate and member states.

Finally, the rapporteur proposes that the Assembly demand that the Croatian authorities strictly respect the commitments entered into and meet the expectations set out in Opinion No. 195. The Croatian Parliament must act accordingly.

APPENDIX I

7 May 1996

Political Affairs Committee

The Vice-Chairman

Dear Minister,

Reports in the international press about measures taken by the Croatian authorities against independent newspapers such as Novi List and Parnorama are causing increasing concern.

These measures would appear to contradict the explicit commitments entered into by Croatia, and which were the basis of the Assembly's favourable Opinion No. 195.

In addition, there is considerable concern about the dissolution of the Municipal Council of Zagreb by your government. New municipal elections should be held as soon as possible.

As you know, within the Committee of Ministers there are still serious reservations about admitting Croatia. Failure to demonstrate strict respect of the commitments entered into would certainly not facilitate the decision to be taken.

I should therefore urge you to use your considerable influence to ensure that the commitments are fully respected.

Yours sincerely,

(Signed) Ren� Van der Linden

Dr Mate Grani�

Minister for Foreign Affairs

Ministry of Foreign Affairs

Trg Nikole Subica Zrinskog 7-8

41000 ZAGREB

Croatia

Fax: 19 385 41 42 75 94

APPENDIX II

7073 (Press 130)

Provisional version

[unofficial translation]

Extracts

1 922nd session of the Council

General affairs

Brussels 13-14 May 1996

President: Mrs Susanna AGNELLI , Minister of Foreign Affairs of the Italian Republic

Former Yugoslavia _ conclusions of the Council

As far as Croatia's joining the Council of Europe is concerned, the Council, while reaffirming its support for Croatian membership, considers that an exact timetable should be set for compliance with the commitments accepted by Croatia as a prelude to joining. It proposes that the Committee of Ministers hold an extraordinary meeting, if possible before the summer, to decide on its admission, in the light of the extent to which Croatia respects this timetable.

Reporting Committee: Political Affairs Committee.

Budgetary implications for the Assembly: none.

Reference to committee: request for an urgent debate, Reference No. 2074 of 29 May 1996.

Draft resolution unanimously adopted by the committee on 27 May 1996 .

Members of the Committee: Mr B�rsony (Chairman), Lord Finsberg (Vice-Chairman), MM. Van der Linden (Vice-Chairman), Alvarez Cascos, Antretter, Baumel, Mrs Belohorska, MM. Bergqvist (Alternate: Andnor), Bernardini, Bj�rck (Alternate: Hag�rd), Blœtzer, Bokov, B�chel, B�hler, Caputo, Cem, Cerqueda Pascuet, Chornovil, Deasy, Demiralp, Desyatnikov, Diacov, E�rsi, Fassino (Alternate: Benvenuti), Galanos, Gjellerod, Gotzev, Gricius, Hardy (Alternate: Davis), Irmer, Iwinski, Kalus, Kaspereit, Mrs Lentz-Cornette, MM. Mart�nez (Alternate: de Puig), Masseret, Medeiros Ferreira, Mota Amaral (Alternate: Roseta), Muehlemann (Alternate: Gross), Nothomb, Mrs Ojuland, MM. Oliynik, Paasilinna, Pahor, Pavlidis, Popovski, Pottakis, Pozzo, Radulescu Botica, Mrs Ragnarsd�ttir, MM. Schieder, Schwimmer (Alternate: Gusenbauer), MM. Severin, Sinka (Alternate: Priedkalns), Sir Dudley Smith, MM. Spacek, Spahia, Mrs Suchocka, MM. Thoresen, Urbain, Vella, Woltjer, Zhirinovsky, Ziuganov (Alternate: Lukin).

N.B.The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: Mr Hartland and Mr Kleijssen.

Note: 1 By the Political Affairs Committee.