Racist hate speech in public discourse against ethnic Serbs and Roma, and members of the LGBT community, is escalating in Croatia, human rights watchdog Council of Europe warned in a report released on Tuesday by its European Commission against Racism and Intolerance (ECRI).
The report, which examines the country’s legislation framework, racist and homo/transphobic hate speech, violence and integration policies, warns of a rise in nationalism, particularly among youths, which often takes the form of praising the World War II-era fascist Ustasha regime.
“Racist and intolerant hate speech in public discourse is escalating; the main targets are Serbs, LGBT persons and Roma. There is a growing rise of nationalism, particularly among the youth, which primarily takes the form of praising the fascist Ustaša regime. In the regional media and on the Internet, expressions of racism and xenophobia against Serbs, LGBT persons and refugees are commonplace, as is abusive language when referring to Roma. Physical attacks against these groups as well as their property also occur,” report said.
ECRI decries an inadequate response by Croatian authorities to increased intolerance, as criminal action is often ruled out for such cases, with most cases of hate speech and hate-motivated violence treated merely as misdemeanours.
Although the report praised improved legal protection against hate crime through amendments to the criminal code, which include a new provision which criminalises violent behaviour in public and introduces punishment for forming or leading groups that promote racism, it also says that hate crime legislation is rarely enforced, due to lack of knowledge and expertise of law enforcement agencies and the judiciary.
“The responses of the Croatian authorities to these incidents cannot be considered fully adequate. The authorities seldom voice any counter-hate speech message to the public. Criminal action is ruled out easily and most cases on hate speech and hate motivated violence are treated as misdemeanours. The lack of prosecutions does not provide an effective deterrent against such crimes. The provisions on racist motivation as an aggravating circumstance are also rarely applied due to lack of knowledge and expertise among the judiciary in recognising hate crime,” the report said.
ECRI added that the national strategies for the inclusion of ethnic Roma are only partially implemented. The Roma continue to face high levels of social exclusion, and data suggests that their access to employment is alarmingly low, with school drop-out rates still high.
While ECRI praised the new legislative framework for LGBT persons with the adoption of the law on registered same-sex partnerships in July 2014, it added that prejudice against them remains widespread, and that they face various forms of discrimination in their daily lives.
ECRI praised legislative steps taken to ensure access to housing for returnees under the national housing care programme.
Through Croatia’s Migration Policy for 2013-15, beneficiaries of subsidiary protection have had access, on equal footing with Croatian nationals, to free primary and secondary schooling, which is in line with ECRI’s previous recommendations. Furthermore, in November 2017, an action plan to integrate persons who have been granted international protection was also adopted.
Two recommendations issued to the Croatian authorities should be implemented as a priority, because they will be the subject of a follow-up report by ECRI two years from now.
The first says the authorities should introduce compulsory human rights education as part of civic education into all school curricula, especially regarding equality rights and prohibiting discrimination. Appropriate text books should also be developed, and teachers should continue receiving the training necessary.
Furthermore, the National Roma Inclusion Strategy 2013-20 must be accompanied by an evaluation of all integration projects implemented in recent years. The strategy should be revised systematically to include more targeted measures and success indicators to measure its impact and redefine its parameters and goals. This should be done in close cooperation with regional and local authorities as well as members of the Roma community, and adequate funding should be allocated for the strategy to be effective.
ECRI added that Croatian politicians and high-ranking state officials, as well as political parties, should condemn hate speech and promote tolerance.
Also, authorities should ensure that the action plan for the integration of persons who have been granted international protection 2017-19 has well-defined goals and targets, time-frames, funding, success indicators, as well as a monitoring and evaluation system for its effective implementation.
It is also necessary to adopt an action plan for the prevention of homophobia and transphobia in all areas of daily life, including education, employment and health care.
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