STATEMENT FOR PUBLIC
UNLAWFUL AND UNCONSTITUTIONAL ACTIVITIES OF HDZ

The Croatian Helsinki Committee and the Helsinki Committee for Human Rights in BiH are addressing the public of the two states and international authorities following the politicisation of the issue of position of Croats in Bosnia and Herzegovina. The Helsinki Committee for Human Rights in BiH and the Croatian Helsinki Committee are expressing their respect for and support the right of any individual, institution or association to initiate the issue of the situation with and protection of human rights either of individuals or groups of people. The constitutional-legal, political, economic-social as well as military context in Bosnia and Herzegovina and its surroundings daily actualise the issues of rights and freedoms of individuals, ethnic, religious, political, cultural and all minority groups and ask for continuous and systematic work of state institutions, political parties, non-governmental organisations and media in the sphere of the realisation and protection of human rights and freedoms being violated daily.

Generally, Croats in Bosnia and Herzegovina share the fate of all its peoples and citizens when the fundamental rights of people to return to their homes, repossess their property, right to work and social security are being violated. A situation with BH Croats when speaking of different forms of discrimination is not worse nor better than with other ethnic groups. However, human rights and freedoms are still most threatened in Republika Srpska – particularly when speaking of Bosniaks and Croats – their return and repossession of their property, their political position and their general and legal security.

The position of Croats in Bosnia and Herzegovina has become more difficult since the number of Croats, who are otherwise the least numerous people, is double less due to a number of Croatian refugees in the Republic of Croatia and western countries, of whom many left their homeland for ever. When speaking of negative relations of Serb and Bosniak nationalistic parties towards minority Croats, we should note that the policy of the Croatian Democratic Union, which also contained a so-called “human displacement of peoples”, directly contributed that BH Croats became refugees and displaced persons.

At the same time, a policy of apartheid and logic of segregation is being conducted in the territories in which the Croatian Democratic Union is dominant, as well as in Republika Srpska and in some parts of the Federation of Bosnia and Herzegovina in which Bosniak and Serb minorities are being discriminated when speaking of their return, repossession of their property, employment and social security.

No one denies the right of the Croatian Democratic Union to initiate the issue of human rights and freedoms of Croats in Bosnia and Herzegovina, but it can not be done convincingly on the basis of Croatian national exclusivity and out of the institutions of the system. In respect to this, the Croatian Helsinki Committee and the Helsinki Committee for Human Rights in BiH condemn unconstitutional and unlawful activities of the Croatian Democratic Union and its partners in constituting “Croatian self-rule”. We deem that only actions based exclusively on the principle of legality can contribute to the promotion and protection of human rights and freedoms. The creation of unlawful ambience and unconstitutional institutions is by itself contrary to aspirations in the realisation and protection of human rights and freedoms. This also refers, unfortunately, to some acts of the international authorities in Bosnia and Herzegovina.

In Bosnia and Herzegovina, a constitutional protection of human rights and freedoms has not yet been established. The Entity Constitutions have not yet been harmonised with the Constitution of Bosnia and Herzegovina in the domain of full equality of all the peoples and citizens throughout the state. At the same time, any of the Constitution has not fully taken the stipulations of the international conventions on human rights and freedoms, although they have become a constituent part of the constitutional regulations. In respect to this, it is encouraging that the Constitutional Court of Bosnia and Herzegovina, when passing the decisions on unconstitutionality of some parts of the Constitutions of Republika Srpska and Federation of Bosnia and Herzegovina, in its explanations, used the very Convention on Human Rights and Freedoms. The work on the Constitutional Changes and Amendments in Bosnia and Herzegovina is in course and is the only and the best way to reach political-legal solutions that will satisfy the needs and interests of BH Croats. In respect to this, it is worrying that two Croatian posts in the Constitutional Commission of the Federation of Bosnia and Herzegovina have not yet been filled up. The Helsinki Committee for Human Rights in BiH and the Croatian Helsinki Committee deem necessary to reach uniform solutions when harmonising Entity Constitutions with the state Constitution in order to avoid any possibility of discrimination, i.e. of unequal position of citizens on ethnic, religious or any other ground. The state bodies, the High Representative of the International Community in BiH and other responsible persons in the peace mission in Bosnia and Herzegovina are obliged to do all in order to optimally protect human rights and freedoms through Constitutional changes and amendments.

It is expected from the Federal Republic of Yugoslavia and Republic of Croatia to develop co-operation with Bosnia and Herzegovina on the basis of recognition of its sovereignty and equality of states thus contributing to normalisation and democracy in Bosnia and Herzegovina. The Helsinki Committee for Human Rights in BiH and the Croatian Helsinki Committee invite the authorities in Republika Croatia and Bosnia and Herzegovina to develop co-operation in the field of realisation and protection of human rights and freedoms in the spirit of the international conventions, particularly in respect to right to return, repossession of property and freedom of movement. In respect to this the Croatian Helsinki Committee and the Helsinki Committee for Human Rights in BiH remind the authorities in Republic of Croatia and Bosnia and Herzegovina of the obligations toward the International Criminal Tribunal in the Hague and of the obligations of these states and the Federal Republic of Yugoslavia to urgently give all the information about citizens who had disappeared during the war. The Helsinki Committee for Human Rights in BiH and the Croatian Helsinki Committee will continue developing close co-operation on bi-lateral and international level in order permanently to promote the state and protection of human rights and freedoms in the territories of the two states and in the region as well.

No. 19-04A/2001

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