Deputy Ombudswoman Tatjana Vlašić participated on 1 July 2024 in the 141st session of the United Nations Human Rights Committee in Geneva. Among the topics discussed was the Fourth Periodic Report of the Republic of Croatia on the implementation of the International Covenant on Civil and Political Rights.
At the session, Deputy Vlašić presented key information on the human rights situation in Croatia and responded to questions from Committee members. Her presentation was based on the parallel report submitted by the Ombudswoman in June, in cooperation with the special ombudspersons, which is an obligation of the Ombudswoman as Croatia’s National Human Rights Institution (NHRI) with A status.
The report is based on work conducted through individual complaints, fieldwork, research, and data collected from various stakeholders, including public authorities, civil society organisations, trade unions, employers, universities, and others. It covers a wide range of civil and political rights issues and also provides responses to questions raised by the Human Rights Committee.
Positive Developments, but Challenges Remain
The report highlighted that since the adoption of the previous concluding observations on Croatia in 2015, several strategic documents and legislative amendments have been adopted to promote and protect human rights. Notably, in March 2023, the Government adopted the National Plan for the Protection and Promotion of Human Rights and the Suppression of Discrimination 2023–2027, along with two accompanying action plans for 2023, which is seen as a positive development.
However, the report also pointed out the continued absence of concrete measures and activities to adequately address all identified needs and problems. In particular, action plans for the period 2024–2025 have not yet been adopted. Moreover, a new national plan for creating a supportive environment for the development of civil society is still lacking, with the previous strategic document in this area having expired in 2016.
In the area of anti-corruption efforts, the report identifies ongoing challenges related to the role of designated confidential persons within employers’ organisations for whistleblower protection, with whistleblowers themselves often insufficiently informed about the protections afforded to them under the Whistleblower Protection Act. Case law in this area remains limited, decisions by lower courts are inconsistent, and proceedings are not always treated as urgent, undermining the effectiveness of whistleblower protection and reducing motivation to report wrongdoing.
The report also addresses issues related to discrimination based on race or ethnic origin, particularly the extremely difficult living conditions faced by many members of the Roma community, as well as challenges encountered by members of the Serbian national minority. Topics also include freedom of religion and discrimination based on religious beliefs, freedom of expression, hate speech and hate crimes. It highlights the difficulties faced by asylum seekers and irregular migrants, and provides an overview of issues related to the prevention of torture and inhuman or degrading treatment or punishment, as well as the treatment of persons deprived of liberty, such as in the prison system, and challenges related to the judiciary.
During the continuation of the session, representatives of the Government of the Republic of Croatia and civil society organisations addressed the Committee on the status of civil and political rights in Croatia.
The session of the Human Rights Committee lasted from 1 to 23 July 2024 and also included reviews of the reports of Honduras, India, the Maldives, Malta, Suriname, and Syria.
Concluding Observations and Recommendations of the Committee
In its concluding report dated 11 September 2024, the UN Human Rights Committee acknowledged positive developments in the reporting period, but also identified key challenges that require continued efforts and issued several recommendations to Croatia across different areas.
The Committee first expressed concern over the absence of a national mechanism for coordinating and monitoring the systematic implementation of its recommendations aimed at addressing the identified issues, emphasizing the need to establish such a mechanism.
It also stressed the importance of further education for judicial and police officers regarding the Covenant and its Optional Protocols, as well as raising public awareness about them. Efforts to combat corruption must be enhanced and accelerated, and in the area of the judiciary, it is necessary to ensure the highest levels of transparency, independence, and efficiency, as well as access to justice for all citizens.
The Committee called for strengthened efforts toward desegregation and the elimination of discrimination against Roma in society, and for all national minorities to be enabled to exercise their legally guaranteed rights, such as effective use of their language and script and improved representation in public administration, the judiciary, and police.
It is particularly important to effectively combat hate speech and hate crimes against national minorities, especially Serbian and Roma communities, as well as individuals of different religious affiliations or sexual minorities. Anti-discrimination policies, strategies, and action plans must also include activities aimed at stronger protection of LGBTQ+ persons.
The state must act more decisively to reduce gender stereotypes concerning the roles and positions of women and men in society, and systematically address violence against women, with full respect for their reproductive rights, including unimpeded and safe access to abortion for those who choose it.
Adequate conditions of detention and imprisonment must be ensured in line with international standards, including addressing overcrowding through alternative measures to detention, providing proper access to healthcare for persons deprived of liberty, and preventing inmate-on-inmate violence.
To more effectively combat human trafficking—particularly involving vulnerable groups such as unaccompanied minors, migrants, refugees, and asylum seekers—continued training of police and judicial officials is necessary, along with thorough and effective investigations, victim support, and public awareness-raising.
In the context of migrant and asylum seeker protection, it is crucial to prevent unlawful pushbacks at borders and any potential excessive use of force by police officers, and to ensure access to international protection and asylum for all those who request it.
In the area of freedom of expression, all journalists must be protected from intimidation, threats, attacks, and strategic lawsuits against public participation (SLAPPs) aimed at silencing them, ensuring they can perform their work freely and safely. Legislation in this area must be designed to allow reporting on matters of public interest, not only to protect journalists but also whistleblowers.
The UN Human Rights Committee is a body of independent experts monitoring the implementation of the International Covenant on Civil and Political Rights. The Covenant was adopted by the UN General Assembly in 1966 and is a historically significant and legally binding instrument, obliging States Parties to respect, protect, and actively promote the realisation of human rights. The Republic of Croatia has been a State Party to the Covenant since 1991.