ARMY APARTMENTS

AIM, ZAGREB, July 8, 1995

After four years and a few versions of the Law, the Croat Government decided to begin selling appartments which used to be the property of the Yugoslav People's Army (JNA). Although precise data were not made public (if the competent authorities know them at all), the public rumours about a figure of 38 thousand such apartments which Croatia took into possession in July 1991 and gave to the Ministry of Defense to control. Just like nationalized apartments, this housing fund was so far exempted from selling as socially-owned apartments.

But, the latest Government proposal which is expected to raise some money for the state fisc, is having a hard time getting through the Assembly, to be more precise through the party structure of the majority Croat Democratic Community (HDZ). Its rightist faction is resolutely against the drafted text of the Law and, after the partial discussion in the Assembly, it succeeded in initiating a new discussion and delaying the final decision-making for the next Assembly session scheduled for the end of July.

This faction, actually deputies of the ruling HDZ who are close to the Ministry of Defence, linked with the organization of disabled veterans of the Croat Army, are doing their best to "conquer" as many housing square meters as possible. In doing it, they are referring to the need to accomodate the disabled veterans of the Croat Army and their families, while the "aimed group" who the precious housing square meters should be taken away from are - retired members of the former JNA. That is why the Ministry of Construction - with the former "mistress of housing funds of the city of Zagreb", Marina Matulovic-Dropulic at its head - tried to introduce as many eliminating criteria for the possible buyers into the law as it could. On the other hand, disabled veterans of the Croat Army, spouses, parents, children and other members of families of the killed, disappeared and imprisoned members of the Croat Army, can buy even the apartments they were given for temporary use, i.e. they rented. Disabled veterans are granted a discount, so that those who are 80, 90 and 100 per cent disabled will get the apartments free of charge, while the others are entitled to a discount amounting to the per cent of the corporal injury they suffered.

At this point, a curiosity from the draft law should be stressed. The apartments where disabled veterans of the Croat Army are accomodated with members of their families, and members of families of the killed, disappeared and imprisoned persons, have been emptied when their former tenants left them going abroad by their own free will. However, there are cases when they were evicted by physical force, there are those who left the apartments because they could not stand telephone threats any more, or moved out of towns close to the frontline becaase of war actions. New tenants moved into their apartments, and often legalized their status much later. Yet, the former tenants were still formally registered as legal tenants, the bills were sent bearing their names etc. Now they are "generously" given a theoretical opportunity to buy the apartments they used to live in, provided they have remained in Croatia despite everything they had experienced and provided they submit a request in person within 30 days.

This is where the eliminating criteria come in. They refer to everyone, both those who have already left the apartments and those who are living in them, now. It is enough to list the criteria to get the idea about the "spirit of the law": "An apartment can be neither bought nor can the right to buy it be transferred to otherpersons by persons who are convicted for criminal offences against humanity and international law, persons who are convicted for criminal offences against the Republic of Croatia, persons who have participated or are participating in enemy activities against the Republic of Croatia, persons against whom proceedings have been instigated for criminal offences against the Republic of Croatia or criminal offences against huimanity and international law until the judgement becomes effective. An apartment can be bought neither by persons who have avoided military service and proceedings for cancellation of tenancy right were instigated against them due to this, until completion of the proceedings". Some of the provisions are even contrary to the Criminal Law of the Republic of Croatia which prescribed draconic penalties for the listed criminal offences, but not deprivation of the right to personal property neither for the indicted, and especially not for the members of their families. Transfer of tenancy right could be authorized by the owner of the apartment, in this case the state through its Ministry of Defence, but judging by the experience, chances that the tenant's wishes will be met are very poor, if the Ministry bothers to respond to the request at all.

The present tenants of military apartments are obliged to submit requests for buying the apartment within 60 days together with the necessary documentation. Even if they do this in time, their troubles will not be over, because the draft law prescribes that the seller of the apartment, i.e. Minister Susak's Ministry of Defence, has a whole year at its disposal "to consider" whether it will sell the apartment to the applicant. Subsequently it will be determined which apartments are classified as the so-called official apartments and they will not be sold at all. Tenants of these apartments will be enabled to buy apartments exchanged for these, according to the criterion "one person, one room".

Such criteria and possibilities of discretion decisions will affect retired members of the former JNA, a large number of whom are living in their apartments for 30 and more years. Although many of them were retired a long time before this war, they were not given the possibility to buy the apartments like other citizens, but the model of collective guilt is introduced against them in this way. Their pensions have been reduced, many who were disabled veterans of the Second World War had the degree of their disablement reduced by administrative decisions, etc. In the past two years they were visited by numerous delegations of the Ministry of Defence which were making revisions and "revisions" of their tenancy rights, in buildings where they live (the popular "army buildings") they were witnesses of various ways of disturbing the tenants, forced breaking of armed men into apartments, throwing the former tenants out, "illegal" but legal evictions too (until the Constitutional Court stopped them). They were publicly called by abusive language because they once were members of the JNA, and it helped none that in 75 per cent of cases they were men of Croat nationality. The law which is drafted would add another contribution to all this, annulling a part of the benefits the other citizens had in purchasing apartments, damaging numerous "civilians" too, who have entered into army apartments through various exchanges, also a long time ago. That is why a few constitutional complaints are also in preparation, and opponents of this law announce a petition and a complaint to the International Court for Human Rights in Strasbourg.

Drafters of this law predict that out of 38 thousand apartments, 30 thousand could be bought. The controversial remainder will be forwarded to administrative and court proceedings. Funds raised by selling the "uncontroversial" 30 thousand apartments will enable construction of 11 thousand new apartments in the next five years, primarily for the victims of the war. Due to a lack of housing and its high prices, apartments are a convenient means for rewarding the obedient and "our" people. That is why the HDZ Rightists wish to move as many tenants as possible from these apartments although they have lived in them before 1990, and should the law be adopted in the planned form, it might open another internal frontline.

IGOR VUKIC