SUMMARY 2

RECOMMENDATIONS 2

To the outgoing Government of Croatia 2
To the incoming Government of Croatia 2
To the OSCE Office for Democratic Institutions and Human Rights 3
To the OSCE Permanent Council 3
To the OSCE Representative on Freedom of Media 3
To the OSCE High Commissioner on National Minorities 3
To the European Union 3
To the United States Government 3
BACKGROUND 3

ELECTION LAW AND RELATED LEGISLATION 5

DISENFRANCHISEMENT OF CROATIAN SERBS 9

FREEDOM OF EXPRESSION 11

FREEDOM TO MONITOR 15

FREEDOM OF ASSEMBLY 16

THE ROLE OF THE CONSTITUTIONAL COURT IN THE ELECTORAL PROCESS 16

IMPLEMENTATION OF RESULTS 19

CONCLUSION 19

ACKNOWLEDGMENTS 20

Parliamentary elections are scheduled to take place in Croatia on January 3, 2000. The elections will be the third for the House of Representatives since the country's independence in 1991.1 Following the death of President Franjo Tudjman on December 10, presidential elections must also take place before February 9. Given the upheaval and war that attended the break-up of the former Yugoslavia, Tudjman's legacy of unbroken democratic governance in Croatia is a notable accomplishment. Yet Tudjman has also left in place a state which places serious limits on the civil and political rights of its citizens. Universal suffrage is denied in practice to many of Croatia's Serb citizens. Media freedom and the right to hold political rallies and public demonstrations are limited by poor legislation and government interference. The independence of the judiciary is curtailed by the ruling party. True democracy requires a society based on the rule of law, separation of powers, and respect for human rights. The 2000 parliamentary elections provide an opportunity to assess the state of democracy in Croatia after Tudjman, both in terms of the conduct of free and fair elections and of the broader civil and political rights that democracy encompasses.

On the eve of parliamentary elections, Croatia faces an ongoing democracy deficit. Despite a vibrant civil society with very active nongovernmental organizations, improvements in security, and the reintegration of Eastern Slavonia,2 many problems remain. Croatia's newly passed election law, together with related legislation contains both omissions and flaws, even as it improves access for election monitors and reduces the disproportionate representation in parliament of Croats who live outside Croatia. Universal suffrage is weakened by the denial of citizenship and hence the right to vote to tens of thousands of Croatian Serb refugees. Freedom of expression is curtailed, especially in the area of broadcast media, which remains under the tight control of the government. The right to assemble is at the discretion of local authorities, despite rulings by the Constitutional Court that it is a fundamental freedom. Most disturbing, however, has been the politicization of new appointments to the Constitutional Court, with appointments made on the basis of political affiliation rather than merit, which threaten to rob Croatia of one of its most respected independent institutions, with potentially dire consequences for the separation of powers and the rule of law.

1 The Croatian parliament has two chambers: the House of Deputies, which is the main legislative body and from which a government is formed, and the house of counties, which serves as an upper house and can amend or revise legislation. The January 2000 elections are only for the house of deputies. The current term of members of the House of Counties expires in 2001.

2 Following the defeat of Serb rebels occupying the Krajina, Banija-Kordun, and parts of Western Slavonia in Croatia in 1995, a political settlement was reached in December 1995 between Serb rebels and the Croatian government for Eastern Slavonia, the sole remaining area of Croatia under Serb control. Under the agreement, the United Nations administered Eastern Slavonia for two years, and in January 1998 control reverted to the Croatian government.