Croatia - Universal Periodic Review

UPR 36, November 10, 2020
Recommendations by Canada

Recommendations

Thank you, Madam President. 

Canada welcomes the positive steps taken by Croatia to combat violence against women, and towards reconciliation with cultural minorities.

Canada recommends that Croatia:

1. Ensure all migrants, refugees and asylum seekers are treated in accordance with international human rights law by providing training for border authorities on their obligations, and by providing immediate and unrestricted access to the Ombudsperson for Human Rights to ensure transparent investigations into reports of mistreatment.
2. Ensure that all individuals have access to a fair judicial process, including at the local and regional levels, by ensuring the impartiality and independence of judges and increasing access to legal aid.
3. Improve services and support for survivors of gender-based violence by implementing the obligations under the Istanbul Convention for protection against domestic violence, including ending the practice of prosecuting victims.
4. Protect the rights to freedom of expression, association and assembly for all by ensuring prompt, independent and thorough investigation into all reports of assault and harassment against journalists and bringing those responsible to justice. 

Background

Civil liberties are generally respected in Croatia but, as the country’s Ombudswoman notes, Croatia remains without a policy on human rights since 2016 when its National Action Plan for the Protection and Promotion of Human Rights expired. In its most recent assessment of the human rights situation in Croatia, Human Rights House noted a stagnation in progress on several key areas of concern.

Since its last UPR appearance in 2015, Croatia has implemented the United Nations (UN) Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (2017); the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) (2018); and the Council of Europe Convention against Trafficking in Human Organs (2019).

Most judgements in 2019 by the European Court of Human Rights against Croatia were for violating the right to a fair trial. In a 2019 European Commission report, Croatia ranked last among all European Union countries for public perception of judiciary independence. Inconsistent court practices, contradictory rulings and the unrealized right to legal aid have resulted in widespread distrust in, and criticism of, the legal system. While many high-profile corruption cases are underway, court processing times remain lengthy (sometimes years), and verdicts are frequently overturned in appeals.

The protection of groups who face increased vulnerabilities in Croatia remains a concern. Following Croatia’s ratification of the Istanbul Convention, the country introduced legislative amendments aimed at ending gender-based violence. While these were important steps towards safeguarding women’s rights, NGOs note a continued lack of funding for shelters, rehabilitation programs and meaningful sentences for perpetrators. Human rights organizations have also noted serious concerns with discrimination against migrants, refugees and asylum seekers, including intentional barriers in Croatia’s asylum-granting policies and illegal pushbacks of migrants. There are also concerns about media freedom in Croatia, including reports that lawsuits are being utilized to intimidate journalists into self-censorship.