Zagreb, April 6, 2012.
Platform 112 brings together sixty civil society organizations that have for many years been engaged in the protection of human rights, democratization, peace building, suppression of corruption and protection of public resources, especially the environment, which, in 112 requests addressed to all political options ahead of the parliamentary elections, defined priorities and concrete measures for Croatia, where the rule of law is the stronghold of the actions of individuals, institutions and the political elite.
We look for and expect consistency and political responsibility of the new government, but also of all other political actors and institutions, for real and lasting improvements in five priority, interconnected areas:
- stable, responsible and democratic government institutions and equal access to justice
- quality of democracy
- fight against corruption and public interest
- equality and dignity of all people
- the legacy of war, dealing with the past and building peace.
In this press release, we present an assessment of the work of the new government. compared to our 112 requests.
We are also publicly requesting a meeting with the Prime Minister, and from the Croatian Parliament the possibility of holding a roundtable in the week after the end of the Easter recess in order to present and discuss the full Platform 112 Report with proposals to the new authorities for urgent but also systematic improvements to the rule of law and democracy.
In the past three months since the formation of the new government, we have seen signs of positive changes in 29 of the 112 points, which makes up a quarter of all Platform 112 demands. In most cases, these are announcements of a completely new approach to thinking about several policies, primarily educational and reproductive, security and foreign policy. At the same time, we notice the absence of concrete political decisions that bring about real changes, especially in relation to the pressing problems of the socially vulnerable, returnees and victims of war. On the one hand, the predominance of the declarative over the operational aspect is understandable since this is the initial period of the constitution of the government, but statements of political will are convincing only when they are translated into concrete decisions with an institutional basis in the budget and implementation plan, and that through an open process that includes the interested public.
For now, there is a clear gap between the informal announcements and openness of political officials from most departments with whom we have been in contact and the shortcomings in the development of plans and the consistent application of procedures for inclusive decision-making at the level of the Government (non-compliance with the Code of Consultation with the Interested Public) and the Parliament (urgent legislative procedures and delays in adopting the new Rules of Procedure of the Croatian Parliament as a basis for including external members in the work of all parliamentary committees). Respect for public communication and consultation procedures enables predictability and equality in access to information and decision-making itself, and is crucial for the credibility of the new government's decisions and the much-needed change in political culture. Therefore, we demand that the urgent procedure and the absence of public consultation finally become well-reasoned exceptions, not the rule for passing laws, and that the Government restore the good practice from the time of Prime Minister Račan, when all journalists had equal access to members of the Government during regular press conferences after Government sessions. We also expect the Prime Minister to have a significantly greater presence in public, as it is his responsibility to explain and clarify to citizens the direction of overall policy and particularly important decisions made by the Government.
While the full report describes achievements and shortcomings in detail, in the summary we will only point out important positive and negative trends.
Main positive developments:
– Readiness for the systematic introduction of civic education in primary and secondary schools which has been announced as one of the political priorities in the education sector, with the MSES and the AOO expressing interest in partnering with civil society organizations in implementing pilot projects. We advocate for a gradual, thoughtful multi-year process with adequate budgetary resources, which is not provided in the preparatory phase, and for a dialogue on the integration of education for human rights and democratic citizenship into the higher education system.
– The Government adopted the Open Government Partnership Action Plan 201.2-13. which contains a series of measures, defined in a dialogue between the government and civil society, to improve transparency with an emphasis on budget management, public procurement, the work of public enterprises, the financing of political parties, public insight into the assets of officials and managers, access to information and public participation in shaping public policies.We understand this document as a series of concrete political commitments to raise the quality of public governance and participatory democracy, the implementation of which the associations gathered around Platform 112 will actively support and critically monitor.
– Openness of the authorities (Ministry of Administration and President of the Committee for the Constitution, Political System and Rules of Procedure) towards proposals for a systematic and comprehensive reform of electoral legislation and through a participatory process that will include the academic community, relevant institutions and civil society. For now, working groups for voter lists and the political system have been established, but we expect the Ministry of Administration to present a comprehensive electoral reform proposal to the public and Parliament with a defined work rhythm.
– An open and timely process for amending the constitutionally unacceptable provisions of the Act on Amendments to the Act on Public Assembly, which will finally lift the complete ban on gatherings on St. Mark's Square and implement the decision of the Constitutional Court. However, the proposed solution, which is now entering its first reading, contains shortcomings that must be eliminated in view of the decision of the Constitutional Court, the quality of human rights protection and the enforceability of the law. The organizations gathered around Platform 112 stand for:
– primjenu općih odredbi Zakona o javnom okupljanju na prostor Trga sv. Marka u Zagrebu, uz ograničenje prava na javno okupljanje na tom prostoru u skladu sa specifičnim sigurnosnim potrebama svakog pojedinačnog slučaja,
– neograničeno vremensko trajanje okupljanja od 0 do 24h,
– neograničeni broj sudionika javnog okupljanja na tom prostoru ,
– smanjivanje udaljenosti između zgrada institucija i sudionika okupljanja s 10m na 4 m, u skladu s propisima o sigurnosti prometa na cestama,
– ukidanje odredbi o dozvoljenom smjeru dolaska sudionika koje je diskriminatorno za osobe s invaliditetom,
– jednako postupanje prema sudionicima mirnih okupljanja i javnih prosvjeda u odnosu na druge oblike javnog okupljanja,
– smanjenje dužnosti organizatora, voditelja i redara na mirnom okupljanju i javnom prosvjedu, isključivu nadležnost policijske uprave (a ne privatnih tvrtki) za održavanje reda i mira te naglašavanje pozitivne dužnosti države da štiti i osigurava mirno okupljanje i javni prosvjed.
– Preparation of a new law on medically assisted reproduction that fundamentally changes the current regulations in the direction of realizing the right of women to decide about their own bodies and reproduction, free from discrimination, coercion and violence. The Ministry of Health has so far successfully resisted ideological pressures from religious communities and ensured patients' right to choose their medical procedure. However, the process of drafting the law, which was entrusted to the working group, did not involve patients' associations to any significant extent.
– The Ministry of Science, Education and Sports has expressed its readiness to introduce sexual education in schools, in accordance with professional standards, as part of health education, without succumbing to pressure from religious communities.. There is a fear that the process of introducing new contents will be slow, so the question is justified whether comprehensive sexual education will really come to life during the mandate of this Government.
– For the first time, foreign policy priorities have been defined, which largely refer to the protection and promotion of human rights and peacebuilding, including international development assistance and strengthening the civilian versus military component of international missions in which the Republic of Croatia participates (Afghanistan).The Ministry of Foreign Affairs and European Integration has expressed its readiness to cooperate with civil society organizations in developing strategies and implementing international development assistance, as well as in organizing public debates on Croatian foreign policy.
– For the first time, media policy, or rather its chronic absence, has been recognized as a political priority in the culture sector, with special attention focused on a strategic approach, dialogue with the journalistic and audiovisual professions, resolving the current crisis of public media, and strengthening the position of non-profit media.. The Minister of Culture, Andrea Zlatar, promptly reacted to the Appeal for the Credibility of HRT, which brought together a spectrum of professional and human rights organizations, and initiated changes to the law for the purpose of a personnel and program turnaround at HRT, which has not yet been completed, whereby we advocate for the transparency of the legislative process and the consistency of the implementation of the necessary changes.
– A shift in attitude towards civil society organizations as partners, rather than opponents, of the environmental protection sector; The Ministry, under the leadership of the Minister of Environmental Protection Mirela Holy, is moving towards profiling its own mission as an equally important department, and hopefully autonomous, in relation to other, related ones, such as the economy, construction, etc.
– For the first time, an important security policy document is being formulated in a transparent manner – pomak je ostvaren kroz donošenje transparentne odluke Vlade RH o izradi Nacionalne strategije nacionalne sigurnosti iz koje su jasno vidljivi sudionici i rokovi izrade uz predviđenu javnu raspravu; važan je iskorak odluka da izradu Strategije po prvi put ne koordinira MORH, već MVEP. Ipak, nadležna radna grupa za izradu Strategije dosad nije uspjela ispoštovati zadane rokove; Iz ovog je primjera vidljivo koliko je važno realno planirati vrijeme i kapacitete institucija koje rade na izradi sigurnosnih politika.
At the same time, we also emphasize major shortcomings in the actions of the new government, which we consider unjustified even in the context of the first months of the mandate, especially because it is about the inherited democratic deficit and the injustices suffered for years by the most vulnerable groups of society - the poor, minorities and victims of war.
Main shortcomings and problems:
– Nastavak nepoštivanja Kodeksa dobre prakse savjetovanja sa zainteresiranom javnošću u donošenju propisa; dominacija hitne zakonodavne procedure, čime se potkopava participativna demokracija – od ukupno 35 prijedloga nacrta zakona tijekom 18 sjednica Vlade zaključno s 29. ožujka, samo je jedan nacrt zakona objavljen na internetskoj stranici ministarstva i prošao je kroz javnu raspravu – Zakon o izmjenama i dopunama Zakona o javnom okupljanju! Istodobno, od 54 zakona koji su razmatrani u Hrvatskom saboru, njih 48 prošlo je kroz hitnu proceduru (od preostalih 6, u 5 se slučajeva radi o zakonskim prijedlozima opozicije – Hrvatskih laburista – koji su redom odbijeni, što je nastavak lošeg i arogantnog ponašanja prošle vlasti). Unatoč obrazloženju da se u mnogo slučajeva radilo o tehničkim usklađivanjima u skladu s novim ustrojem institucija, ističemo primjer Zakona o socijalnoj skrbi koji je hitnom procedurom mijenjan, uz obrazloženje da je prethodni zakon bio neprimjenjiv upravo stoga što je i hitno donesen bez adekvatnog doprinosa struke!!! Tražimo dosljednu primjenu Kodeksa i jačanje njegova statusa putem izmjena Poslovnika Vlade.
– It is completely unjustified to continue not only to resolve 11, but now 14 cases of unauthorized investment in property, i.e. the return of property and compensation for damage to returnees.. Radi se o detektiranom problemu u kontekstu završetka pregovora u Poglavlju 23; unatoč deklarativnoj otvorenosti nove vlasti, konkretnih pomaka nema – kadrovi iz stare vladajuće garniture koji su kočili rješavanje ovog problema i dalje su na istim ili sličnim pozicijama! Tražimo da država hitno riješi ove slučajeve time što će pripremiti individualne ugovore s vlasnicima imovine te preuzeti odgovornost za naknadu štete, naknadu za duljinu trajanja postupka te naknadu za sve sporove s bivšim privremenim korisnicima te imovine.
– The unfair and unenforceable system of free legal aid remains in force, even though it was a chronic omission throughout the negotiations, the elimination of which was unquestionable after the change of government. As many as 991 TP3T users are unable to independently complete the request, and according to data from nine authorized associations providing legal aid in 2011, only in 11 TP3T cases was assistance provided within the BPP system (178 referrals/decisions), while in 15,265 cases, legal aid was provided to citizens in need outside the BPP system, and recent amendments to the law have further limited the scope of activities of associations providing legal aid. We demand the establishment of a new A free legal aid system that will ensure access to justice should urgently become a priority for the Ministry of Justice, with the effective implementation of the twinning project with Lithuania and the involvement of legal aid associations that best understand the problems of citizens in need.
– Despite the announcements, there is still no real and sufficient political will for the Government to finally make a decision by which the Republic of Croatia waives the collection of litigation costs from all plaintiffs who have failed with their claims for compensation for damage due to the death of a loved one or for compensation for material damage due to terrorist acts.. This decision would eliminate the shameful situation in which the state destroys not only the dignity, but also the existence of the families of civilian victims of war. The absence of a decision is in sharp contrast with the declarative interest in writing off litigation expenses by the Deputy Minister of Justice and the Attorney General, where the Ministry of Veterans Affairs understands the problem, but does not see the possibility of writing it off due to insufficient budget funds, while the Ministry of Foreign Affairs does not see the possibility of writing it off until the Government of the Republic of Croatia receives reparations from the Government of the RS, although the current Minister of Foreign Affairs during the pre-election campaign positively determined to write off the costs and establish a Fund for the compensation of all war victims.
– The Law on the Nullity of Certain Legal Acts of Judicial Bodies of the JNA, the former SFRY and the Republic of Serbia has not been repealed despite its harmfulness, which has been repeatedly emphasized by representatives of the current ruling parties, as well as the State Attorney and the President of the Republic. It is ironic that this is the only law that, according to the associations, deserves the application of an urgent procedure, and it is completely incomprehensible why it is still in force, even though the Attorney General, according to his own words, did not apply it!
– There has been no progress on the complex issue that was supposed to be resolved as part of negotiations with the EU – an equal legal framework for housing care for all former tenancy right holders throughout the entire territory of the Republic of Croatia, although certain officials of the new government have acknowledged the existence of the problem and announced certain actions.Given that claims for damages are being filed against tenancy rights holders and housing care providers and evictions are being carried out, an urgent response from the authorities is necessary to stop this discriminatory practice.
– Nazadak, a ne napredak u onemogućavanju bespravne gradnje i devastacije okoliša – A few months before the parliamentary elections, at the height of populism, the previous Government passed the Law on the Treatment of Illegally Constructed Buildings, which allows the legalization of a large part of illegally constructed buildings almost without any criteria. The new Government is taking a big step back and is submitting to public debate a proposal for amendments to this Law, which would abolish even the minimal restrictions of the existing Law and enable legalization on areas outside the construction zone in the protected coastal zone of the sea in the zone of up to 70 m, on particularly valuable agricultural land and in protected forests. We are calling for the repeal of the current Law on the Treatment of Illegally Constructed Buildings and a broad public and expert debate in which clear criteria for legalization will be established and illegally constructed buildings will be typified for the purpose of passing a quality law that will not result in environmental devastation.
– The new authorities failed to raise the bar for democracy by timely amendments to the Referendum Act on the eve of the referendum on Croatia's accession to the EU.. Thus, the first referendum since Croatia's independence was organized in a hurry, with a number of unregulated issues, especially public financing of information and advertising campaigns and the role of the media; the new government is silent on the request of associations and unions to facilitate the initiation of a referendum by citizens (increasing the number of days for collecting signatures from 15 to 30 and reducing the percentage of voter signatures to 200,000 or 5%), while specifying the issues that cannot be decided through a referendum (Constitutional values). Namely, Croatian regulations are not only unenforceable in practice, but are also among the most restrictive in Europe.
Following this general assessment, Platform 112 will present in detail the actions of the authorities in relation to all 112 requests in a comprehensive report, which will be published on April 17, 2012, and propose priorities for the next six months and announce its advocacy actions.
In October 2012, the next Platform 112 Report will be published, focusing on assessing the implementation of everything that the new government promised to do to ensure that Croatia truly becomes and survives as a country governed by the rule of law.
We remind you that Platform 112 is actively involved in monitoring the obligations arising from negotiations with the EU and this Report will serve as a supplement to the European Commission's report on the continuation of reforms in Chapter 23 (April 2012) as well as to the next annual Progress Report (October 2012).
