WHY IS EUROPE SATISFIED WITH CROATIA
Reception in the Council of Europe
AIM Zagreb, 20 October, 1996
As of 6 November, 1996, in front of the Palace of Europe in Strasbourg, finally the 40th flag will be hoisted, because on that day Croatia will become the full-fledged member of the oldest European integration institution. Croatia has waited for this final step for more than four years. It got the status of a special guest on 4 May 1992, and four months later (11 September), it submitted an application to become a member. Probably this has been the longest waiting period of a country to get the visa to enter Europe, because, for instance, Slovenia had no problems joining it, neither did Macedonia have to wait long to become a member. The reason for such a delay in case of Croatia was first the war, then there was the conflict with the Muslims, and then in 1995, the decision on reception was postponed because of military operations "Flash" and "Storm". However, Croatia is a precedent for yet another reason. It is the only country whose reception was voted in favour by the Parliamentary Assembly in April this year, but only after Croatian President and Chairman of the Assembly, Dr Franjo Tudjman and Dr Vlatko Pavletic, had signed a list of 21 conditions. However, the final decision was vetoed by the Council of Ministers of the European Union. The usual procedure is to have "letters of guarantee" signed by foreign ministers, which was done by Dr Mate Granic on several occasions, but it has never happened before that the Council of Ministers failed to ratify what the Assembly had adopted.
What has in fact happened and changed to make the ministers decide that there are no more obstacles for Croatia to finally reach Strasbourg and become a member of the first significant European association which opens the door towards other even more significant European integrations? What has tipped the balance and made ministers and leaderships of the Council of Europe declare that further keeping Croatia on ice would be counterproductive?
A detailed analyses of the 21 conditions which arrived in Croatia in the beginning of March, and how the official policy reacted to them, shows that in fact it was a mask which concealed intense pressure aimed at forcing Croatia to abide by the Dayton accords and make a shift in its policy towards Bosnia & Herzegovina, but also to agree to cooperation with the administration in Belgrade. Indeed, all European and American official statements say that the main reason for removing the veto was completed elections in B&H, although everyone is quite aware how badly prepared and non-democratic they were, abolishment of Herzeg-Bosnia and final materialization of the Federation, which has not yet been fully carried out, and normalization of relations between Croatia and the FR of Yugoslavia, which allegedly ended the war in former Yugoslavia.
Europe and America assess that these two strategic objectives have been accomplished, so now nobody mentions the famous list of 21 conditions any more. And among them, it is stated that "Croatia is obliged to take all necessary measures, including adequate police protection, to guarantee safety and human rights to the Serb population, especially in former UNPAs, in order to alleviate return of people who have left these areas and enable them by a special procedure determined by law, to practise the right to reclaim their property or be given compensation". Already in March Croatia replied that this demand was only partly acceptable, and later a series of moves and declarations showed that in fact it was unacceptable. President Tudjman himself stated that the Serb issue, as far as Croatia was concerned, was resolved once and for all, and the Government and Ministers refused time and time again the principle of return of all persons regardless of nation, which is also confirmed by the fact that so far only ten odd thousand Serbs have returned to Croatia and that their exodus is considered to be a fait accompli. Official data say that about 350 thousand Serbs left Croatia since 1990, but assessments show that out of the former 580 thousand, hardly 150 thousand have remained.
The best proof that Croatia does not wish the Serbs to return is that the territory of former Krajina is considered to be the territory which should be colonized by the Croats banished from Bosnian Sava river valley, other parts of B&H, and FR of Yugoslavia. Since Croatia does not intend to claim war reparations, it can be assumed that the intention is in fact to charge it from the property of the Serbs, but also citizens of the FR of Yugoslavia.
Croatia was asked to be cooperative with the Hague Tribunal and it responded by adoption of adequate laws. As a sign of good will, general Tihomir Blaskic voluntarily gave himself up to the Tribunal, and another warrant for the arrest was issued. At the same time, some people from international wanted posters freely walk downtown Zagreb.
Council of Europe demanded also amendment of the laws on media, such as the Law on Information, the Law on Telecommunications and the Law on Protection of Competition. The job was done in this sphere also only partially. The new Law on Public Information was adopted in such a way that the ruling Croat Democratic Community (HDZ) in the Assembly experienced one of its greatest defeats, because it was forced to leave out articles which prescribed compulsory insurance of publishers for possible damage inflicted against third persons. The opposition had managed to have these provisions deleted, because according to its interpretation they would in fact enable legal ruin of small, independent and opposition journals, radio and television stations, and on the other hand such a solution which does not exist anywhere else in Europe, is contrary to the Law on insurance companies which explicitly bans insurance of media.
One could say that now it is an acceptable law, but what is the use of it, when the Assembly has in the meantime carried out a minor reform of criminal code pursuant to which five highest state officials - president of the Republic, chairman of the assembly, prime minister, presidents of the Constitutional and the Supreme Court - are protected in such a way that public prosecutor's office protects them against insult and slander, as was the case with the trial to Feral Tribune. It is consoling that the Municipal Court in Zagreb rejected the accusation because judge Marin Mrcela believed that the incriminating text did not insult and slander President Tudjman who had given written permission for persecution, but it remains to be seen how it will all end at the District Court. There is also the Law on state and military secret which is so highly restrictive that a journalist can easily end up indict in the dock of a court of law. The authorities have no intention to amend the Law on Telecommunications, and its implementation is such that there is not anyone who is not close to the ruling Croat Democratic Community who got a channel or a concession. On the contrary, the popular Zagreb Radio 101 is threatened to be shut down, and some other radio stations were ruined. On the other hand, program of Croat Television (HTV) has started to resemble more a propagandist bulletins from the fifties than an objective radio and television station.
This means that the European demand for increased independence of state-controlled media, especially that of the Croatian Television has not been met either, and the HDZ has no intention whatsoever to amend election laws pursuant which the diaspora (in practice, the Croats from B&H) is represented in the Assembly by as many as 12 deputies out of the total of 127.
Finally, the President of the Republic has not lifted his veto on nomination of the mayor of Zagreb, which is, according to the assessment of experts of the Council of Europe, contrary to Croatian legislature, and instead to improve the current legislature on local self-administration, it is seriously considered to have its power further reduced to even less power than the former local communities used to have.
It is not difficult to conclude that this is in fact the result of a compromise and that the Council of Europe, i.e. the European Union, can easily disregard violations of fundamental democratic, human and national rights, if Croatia proves to be ready to give in concerning issues which are crucial according to its evaluations, leaving that for the times when it will be possible to pressure Croatia in Strasbourg. So, however much it may seem at the moment that Croatia was in fact awarded for obedience, its authorities are aware of all advantages, but also of all "disadvantages" of joining Europe. Therefore, the head of Croatian delegation, Dr Zarko Domljan is quite right when he says: "We know that they will not leave us alone". And apart from things it will be forced to change in its internal policy, it hurts Croatia even more that it was clearly informed that Europe and America have not abandoned the regional approach, which was repeated a few days ago in Brussels.
GOJKO MARINKOVIC