STATE CONTROL OF CITIZENS' ASSOCIATIONS
AIM Zagreb, 16 January, 1998
The new Croatian law on citizens' associations threatened to put the whole civil society under control of the state: pursuant this law, 15 January was the deadline for all associations - from the one which protects pets to those which protect human rights - to adjust their statutes to new regulations, or cease to exist, and the state, after dissolving them, could confiscate their entire property.
The law was passed, its critics assessed because the ruling party wished to have an institutional framework by means of which it would take over control of the broad scene of nongovernmental organizations, from the direction of which sharp and persistent criticism of Tudjman and the HDZ kept arriving concerning the manner in which they ruled, much sharper and more consistent than the criticism coming from the opposition parties.
The law was passed six months ago, which marked the beginning of re-registration. According to the new regulations, only about sixty associations were registered, while about 600 registrations have not been completed yet. The official statistics does not follow the associations, so it is very difficult to determine their exact number with reliability, but it is believed that this is just a drop in the ocean of between four thousand and 18 thousand associations which allegedly exist in Croatia. These figures were mentioned in the discussion about this law in the assembly, and the recently founded Centre for Development of Non-Profit-Making Associations in Zagreb assumes that there are as many as 25 thousand various assocuiations which the law refers to: there is a large number of small associations which are awaiting registration in local, district administrations.
From the ministry of the administration which has a list of 2,200 associations in its register (the ministry of the administration is competent for this sector, but it has in its register only organizations which are active on the whole territory of the Republic), unofficial information are arriving that it will be flexible and that the time limit for registration might be prolonged for another six months.
They stress in the ministry that the associations were in no hurry with the registration either, because the first applications started to arrive just a month ago. They reply from the associations that the implementation regulations were adopted too late, three months after passing of the law, and not just a month, as prescribed by law. They also stress that in the neighbouring Slovenia similar associations were given two years for adjustment to the new regulations.
Even at the time of adoption of the law it was possible to hear critics, both at home and abroad, that it was too restrictive to non-governmental organizations and trade unions, that the authorities will probably bend a little so as not to provoke new complaints from the international community. On the other hand, if they give in to the associations, the authorities will be exposed to strong pressure from the trade union. The law on associations introduces a provision which demands that within six months trade unions sign an agreement on division of real estate inherited from former socialistic trade unions, which is mostly used by the League of Independent Trade Unions.
Last week the deadline expired. Property of trade union passed over into the hands of the state which will distribute it to trade unions within a year according to the criteria adopted by - the government again. The law says that the criteria shall be prescribed by the Croatian parliament, and the HDZ enjoys a comfortable majority over there. Distribution of trade union property has been the main stumbling block among the trade unions for years, and it was used as a convenient way to stir up dissention and unstabilize the trade unions. Because of the law on associations and the interference of the state in trade union business, the Independent Trade Union lodged a complaint against the government to the Interlantional Labour Organization, and also demanded protection from the Croatian Constitutional Court.
When pressure increases at home, the associations refer to allies abroad. In the past few days the International Centre for Non-Profit-Making Organizations seated in Budapest, once again gave a negative evaluation of the law on associations pointing out to excessively broad authorization of the state administration which, even without a previous court procedure, only on the basis of founded suspicion, can suspend activities of a nongovernmental organization and introduce receivership which would control the property of the organization. Suspension may also result on demand of the public prosecutor.
If a minister or head of a minor administrative agency suspends the work of an association, the prosecutor's office must within three days reach a decision whether it will instigate proceedings for permanent ban of its operation or whether it will reject the suspension. For certain associations, like the Children's SOS Village which takes care of parentless children, even these three days of suspension would be too much and may inflict a significant damage to their work, it is stressed in the nongovernmental Centre for Non-Profit-Making Organizations.
The excessively high fines for various offences are also criticised: they range between 3,000 amnd 10,000 kunas (900 to 30,000 German marks) for offences such as "failure to register members", to the ambiguous "if an association is engaged in activities which are not in compliance with the objectives stated in its statute". The associations also complain against the non-transparent system of financing from the state budget. News arrive from the government that "programs will be financed, not associations", and even that the number of members will not be important. In non-governmental circles there is fear that the money will be allocated for the "eligible" organizations, such as numerous associations of war veterans which often invest more vehemence and persistence in public support to the ruling party than to care for the standard of living of their members.
Contrary to developed countries, the system of tax exemptions for money donated to a civil association or humanitarian organization does not exist in Croatia. The new system of value-added tax which has come into force in the beginning of the year, does not prescribe any exemptions for them either. Pursuant the law on Croatian lottery, a part of the profit belongs to the associations of citizens. But where that money goes, nobody knows, they say in the Centre.
The pressure on NGOs will be complete when the law on humanitarian aid comes into force. This law will extend the possibility of state interference in various flows and aspects of foreign aid thanks to which domestic associations for protection and promotion of human rights partly survived - the Open Society (Soros), Helsinki Committee, Civil Committee for Human Rights, Anti-War Campaign, and others.
The authorites leave nothing to chance: the law which will make the property of former social-political organizations - league of communists, socialist alliance, league of youth and the veteran's organization, still booked as socially owned - the property of the state is also in preparation. A part of that property was inheritted by the SDP which has in the past year developed into a serious opposition party and which makes a considerable income by renting that property, so that this draft law is interpreted as a spoke in the wheels to the new challenger. Even if there were no such immediate causes it could be said that nationalization of property is a constant in the behavior of the HDZ. Since 1990 they behaved according to the same logic, from the economy to culture: they made everything they could the property of the state and then distributed the loot to those they saw fit.
IGOR VUKIC