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RECOMMENDATIONS

To the Government of Croatia:
Police and Security
· Ensure that police seriously investigate harassment and abuse against Serbs and respond promptly to requests for assistance during illegal evictions;

· Establish a mechanism in the Ministry of Justice to investigate allegations of police abuse against civilians;

Legislative Changes
· Enact legislation revoking all temporary occupancy decisions issued under the Law on Temporary Takeover and Administration of Specified Property;

· Repeal the Law on Areas of Special State Concern, which disproportionately benefits Croat refugee and displaced occupants and adversely impacts Serb property owners who fled their homes;

· Repeal discriminatory articles of the Reconstruction Act to ensure that Serbs are not substantially excluded from obtaining reconstruction assistance. In particular, its scope should be broadened to cover all property damaged or destroyed in connection with the conflict;

Housing
· Create a national register of alternative accommodation and define precisely what constitutes acceptable alternative accommodation;

· Empower the Office for Displaced Persons and Refugees (ODPR) to dismiss housing commission members, including presidents, who obstruct the functioning of the property restitution mechanisms under the Program for Return;

· Designate a senior government minister as the focal point on tenancy rights and begin serious consultations with the Serb National Council and the Article 11 Commission on an equitable solution to lost tenancy rights throughout Croatia;

Citizenship and Documentation
· Amend the citizenship law in line with the European Convention on Nationality to simplify acquisition of citizenship by long-term non-Croat residents of Croatia;

· Abolish the fee for naturalization for non-Croats;

· Simplify the procedure for return so that persons with documentation indicating residence in Croatia prior to 1991 will automatically be eligible for immediate issuance of travel letters (putni list);

· Ensure that adequate resources are made available to the Ministry of Foreign Affairs for Croatian consulates to function effectively in Bosnia and Hercegovina and the Federal Republic of Yugoslavia. In particular, increase the number of consular days in Banja Luka and Subotica;

Amnesty Law and War Crimes
· Inform all persons who have been amnestied directly that they have been so amnestied, indicating whether or not they nevertheless retain a criminal conviction;

· Amend the instruction forbidding contact between court officials and international representatives in order to facilitate international monitoring of war crimes hearings and trials;

· Cooperate fully with the International Criminal Tribunal for the Former Yugoslavia (ICTY), including on cases involving Croatian citizens and members of the Croatian army; and

· Submit all new war crimes indictments to the ICTY for review prior to making the indictments public or issuing arrest warrants.

To the International Community:
· Support a continued OSCE presence in Croatia until such time as satisfactory progress toward the mission’s mandate has been made;

· Ensure that all personnel seconded to the OSCE Mission to Croatia have an appropriate background in at least one of the following areas: human rights, refugee policy, international relations, regional expertise in the former Yugoslavia, international peace operations. Arrange for thematic and regional briefings for secondees prior to deployment; and

· Provide sufficient resources for the UNHCR mission in Croatia to continue its protection and assistance for returnees.

To the Organization for Security and Cooperation in Europe Mission to Croatia:
· Focus implementation efforts on the parliamentary repeal of existing discriminatory legislation and the implementation of existing agreements, rather than proposing new measures to facilitate implementation;

· Cease to regard the issuance of government decrees and instructions as conclusive indicators of progress until concrete progress toward their implementation has been observed;

· Issue comprehensive monthly public statements on Croatian compliance with international and domestic commitments in terms of actual performance;

· Designate human rights officers within field offices and introduce standardized human rights reporting systems into field offices and coordination centers; and

· Ensure adequate training of personnel in field monitoring, basic human rights law, refugee policy, the Croatian legal and political system, and internal and external reporting mechanisms.

To the United Nations High Commissioner for Refugees:
· Maintain current program of protection and assistance to returnees in Croatia.

To the United States Government:
· Continue to condition support for Croatian membership in the NATO Partnership for Peace program on the return of refugees and equal treatment for minorities.

To the European Union:
· Continue to condition full cooperation and partnership under the PHARE program on the return of refugees and equal treatment of minorities as outlined in the E.U.’s “regional approach” policy; and

· Continue to condition negotiation of a Trade Agreement with Croatia on the return of refugees and equal treatment of minorities as outlined in the E.U.’s “regional approach” policy.

To the Council of Europe:
· Maintain the Council of Europe Parliamentary Assembly monitoring procedure on Croatia until there has been substantial compliance with all membership commitments.

To the United Nations Commission on Human Rights:
· Retain Croatia in the mandate of the special rapporteur for the territory of the Former Yugoslavia; and

· Include monitoring of domestic war crimes prosecutions and application of the Amnesty Law in Croatia in the mandate of the special rapporteur for the territory of the Former Yugoslavia.

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