CONTROVERSIAL PLAN OF RETURN OF REFUGEE SERBS

AIM Zagreb, 2 April, 1998

Perhaps in order to prove that it has truly decided to start to act - as it was recommended to it by ministers of foreign affairs of the European Union, the Croatian Government has accepted and presented in public the "Procedure for Return of Persons who Left Croatia". In this way, obligation assumed by Gojko Susak, Minister of Defence two months ago in Washington, is formally fulfilled. Acting as special envoy of Tudjman he signed that Croatia would publish an all-inclusive plan for return of refugees by the end of March.

Instead of the all-inclusive plan, however, the Government has established just the procedure for return, and thus the official Zagreb has reduced its obligations enormously, as it has done a number of times before. The promised plan is postponed for some time next summer, which means that the "big return" will not occur this year. The plan is now linked with the donors' conference to be held in Croatia in mid May. It is announced that Croatia will decide about a precise and a comprehensive program of return of refugees a month after summing up of donations. In general this might have been acceptable if during that time the houses of the Serbs in Krajina would not have been set on fire. Ivan Zvonimir Cicak, President of the Croatian Helsinki Committee, recently sounded the alarm, saying literally "Krajina is on fire again". Tens of Serbian houses are set on fire again, frequently precisely the houses of the owners who were about to return.

The government assures that the accepted document creates the "institutional framework for fast return to Croatia of all the people interested to do so". But the question is whether all the people who wish to actually can return; and the speed is also questionable. The following technology is foreseen: those who are interested to return should apply for return, demands will be accepted in all the Croatian diplomatic and consular offices, the one in Belgrade and probably soon in Banja Luka. The decision on citizenship shall be issued to the applicant after at least two days or three months at the longest, and only after that, it is possible to apply for a passport for return to Croatia. Obtaining of this document is conditioned by obtaining a certificate that conditions for accommodation exist, which shall be issued by the Ministry for Development and Reconstruction. The most important personal documents can be obtained only upon return to Croatia. The procedure envisages group visits to native places. While waiting for the answer of Croatian authorities, potential returnees may visit their homes for three to five days in organised groups.

Croatia has adopted a controversial document again. The Organisation for Security and Cooperation in Europe has already declared that the approach of Croatian Government cannot be supported. Tim Guldimann, supervisor of the OSCE Mission in Croatia did not wish to speak about specific disagreements, he would talk about that with the Croatian Government first, but he did emphasize the basic principle: "The right to return is individual, and cannot be conditioned, it cannot depend on conditions, as possibility of lodging, return of other individuals or international support." Guldimann reminded, as well, that it is self-understood, according to international law, that citizenship implies the right to return to one's own country.

Comments from the Serbian side, are similar but more precise. Milorad Pupovac, President of the Serbian National Committee, demands that the euphemism "persons who left Croatia" from the title of the document be deleted. He is determined that refugees is the right word for people concerned, and that they should be called by that name, especially because it implies certain legal effects. Pupovac also assures that the planned procedure is complicated and can last longer than six months. "The right to return is individual and cannot be conditioned" he says, and specifies: it is not acceptable that issuing of passports be restricted by the state of property where the refugee would like to return, depending on whether his house is intact and can be used; insisting on individual return is not aceptable either because this enables restrictions and selection, and even separation of members of a family. Pupovac concludes: the planned procedure restricts the right to return and the extremely prolonges the return. ...

The plan of return is restricted by international material support as well. The well-informed claim that there is a close connection between the published document about return procedure and the donors' conference, planned to take place in mid May. Croatia openly declares that the return of Serbs has a price, and that Croatia cannot support it alone. The international community is informed that it should pay for it. Declarations of responsible ministers convey a clear message: money is proportional to the number of people who can return. Adoption of the comprehensive plan of return is conditioned by the results of the donors' conference, it is explained that a precise plan "demands precise data on available financial and material means for accommodation of displaced persons". It is not clear whether the official Zagreb is trying to stimulate donors or preparing to lay responsibility at the door of the international coomunity and declare lack of foreign support responsible for failure of allegedly planned return.

The OSCE announces that it will give an estimate of political progress in Croatia in three weeks, but certainly before the donors' conference. Willingness of the international community to participate in reconstruction of Croatia will depend on this estimate. For the moment, progress is very controversial. The situation in Eastern Slavonija is becoming more tense. Up to now, 1784 Serbs have emigrated to Norway, emigration is intensified. The OSCE informs, for example, that the Croats who returned threatened Serbian families in the village of Topojevci, and thus the number of Serbs decreased from 40 to 15 in only one day. Serbian representatives demanded urgent meeting with the prime minister. They also speak about frequent incidents, they claim that the so-called "flying groups of provocators" are alarming Serbian inhabitants from one village to another. Mentioning that the Serbs in Croatia demand only that the agreement reached with the Croatian president, Pupovac claims that this refers to the return of property to the Serb returnees, equal treatment in reconstruction and strict respect of the Amnesty Law. "If legal-property problems of the Serbs are nor solved and if return of Serbs is not enabled under equal conditions, problems will increase and for this reason the whole government and even the state will suffer", he said.

During his recent visit to Vukovar, Robert Gelbard, Clinton's special envoy has remarked that, according to international law, Croatia is obliged to enable return to all its citizens who wish to do so. His concluding message literally was: "We will behave towards Croatia exactly as it acts. Time does not work for Croatia."

JELENA LOVRIC