Informed citizens monitor the prevention of future violations of H. Rights and work of the Office of the Croatian Representative before the ECtHR

Project facts

Project promoter:
CENTER FOR CULTURAL ACTIVITIES(HR)
Project Number:
HR-ACTIVECITIZENS-0025
Status:
Completed
Final project cost:
€136,355
Donor Project Partners:
The Norwegian Helsinki Committee(NO)
Other Project Partners
Croatian Mediation Association(HR)
Faculty of Law
Univesity of Zagreb(HR)
Programme:

Description

The project will influence the unavailability of information on the measures that the Republic of Croatia must implement on the basis of ECtHR decisions/judgments and the non-participation of CSOs in the monitoring of the Office of the Croatian Representative before the ECtHR (Office of the Representative). A coalition of CSOs will require observation position in Executive council and access to draft action plans of the Representative who is the central coordinating body for the actions of enforcement of ECtHR''s judgments and implementation. The Office of the Representative will more regularly inform the general and professional public about the progress of the implementation of judgments against the Republic of Croatia.

Project goal: To encourage public dialogue on improving the legal framework to prevent future violations of H. Rights due to the non-transparency of the Office of the Croatian Representative before the ECtHR and the public is informed on the implementation of ECtHR decisions/judgements  and action plans as reporting of Croatia to the CoE Committee of Ministers, and a public dialogue on conciliation procedures undertaken by the Republic of Croatia is encouraged.

Summary of project results

In the heart of Croatia, a pressing issue emerged, capturing the attention of both activists and concerned citizens: the public''s lack of access to crucial information about the measures the country must take based on decisions from the European Court of Human Rights (ECHR). The Office of the Croatian Representative, responsible for this oversight, was largely operating in silence, with civil society organizations (CSOs) excluded from meaningful participation in monitoring its activities.

The roots of this problem ran deep, stemming from a variety of causes. There was no coalition of CSOs monitoring the Office’s work, which led to a significant gap in accountability. The Committee of Ministers of the Council of Europe, tasked with overseeing settlements made by the Office, lacked effective monitoring mechanisms. Compounding the issue was the lack of transparency surrounding Croatia''s action plans aimed at implementing ECHR judgments. Many citizens remained unaware of these efforts, as secondary measures designed to prevent future violations of human rights were not being communicated effectively.

As the problem continued to grow, the consequences became more pronounced. Reports from the Office of the Croatian Representative were seldom made available to the public, leaving citizens and legal professionals in the dark about the progress being made. This inaccessibility hindered any attempts to monitor whether settlements included vital measures to prevent future violations. Without a public dialogue about improving the legal framework, many remained ignorant of their rights and the workings of the legal system.

The lack of awareness extended to the media, where few journalists covered human rights issues, resulting in a cycle of disengagement from critical topics. Furthermore, the government’s tendency to settle lawsuits often denied the ECHR the opportunity to impose secondary measures that could enhance Croatia''s legal framework. According to regulations, the Office was supposed to publish translations of ECHR judgments, but friendly resolutions and settlements went unreported, limiting the public''s understanding of human rights violations in Croatia.

Despite being required to submit annual reports to the Government and Parliament, the last publicly accessible report from the Office dated back to 2012, highlighting a troubling gap in accountability. The Office, as the central coordinating body for executing ECHR judgments, collected action plans but kept civil society organizations in the dark, denying them access to drafts or information about implementation. This lack of transparency resulted in prolonged delays in addressing pressing human rights issues.

In light of these challenges, the community began to recognize the need for change. Activists rallied, urging the formation of coalitions among CSOs to demand greater transparency and public engagement in the monitoring of human rights measures. They sought to educate the public, legal professionals, and media on the importance of understanding and participating in these processes. By coming together, they aimed to ensure that the lessons learned from the ECHR would not only inform Croatia''s legal landscape but also empower citizens to advocate for their rights, fostering a culture of accountability and vigilance in the protection of human rights across the nation

In a remarkable effort to enhance awareness and understanding of legal processes concerning human rights in Croatia, a multifaceted project was launched, focusing on mediation procedures and the obligations arising from rulings by the European Court of Human Rights (ECHR). The aim was to inform both the legal community and the general public about the secondary measures mandated by the ECHR, which require Croatia to amend its legal framework to prevent future violations of human rights.

Engaging Legal Professionals

The project kicked off with a series of educational workshops for lawyers, totaling eight sessions, divided equally between online and in-person formats. Notably, two sessions were held in Zagreb due to high interest, while one planned for Slavonski Brod was canceled due to a lack of participation. An unexpected but welcomed outcome was the permission to record one of the sessions, enriching the learning resources available to participants. A comprehensive guide for lawyers was also developed, exceeding initial expectations.

Maintaining an open communication channel with these legal professionals proved fruitful. Many expressed willingness to publicly discuss their cases, especially in light of the newly established Human Rights Council in January 2022. As the project progressed, adjustments were made to the planned activities, incorporating feedback and evolving circumstances. This adaptive approach included showcasing real case studies during a panel discussion in December 2022, highlighting the project''s commitment to transparency and practical relevance.

Public Awareness and Transparency

Despite the project''s initial success, challenges emerged regarding media interest. Coverage was limited, often overshadowed by political disputes, indicating a need for alternative communication strategies. The project team recognized that the public, including legal experts, could not compel the court to issue secondary measures; such directives come from the Committee of Ministers of the Council of Europe.

However, the panel discussions sparked important conversations about necessary changes to both legal frameworks and the implementation of positive legislation. These discussions revealed opportunities to address missed chances in mediation processes, despite the confidentiality surrounding these proceedings.

Two symposia for lawyers were successfully conducted, focusing on the standards for human rights protection as established by European courts. Presentations also explored significant cases of human rights violations brought before the ECHR, increasing legal professionals’ familiarity with the practicalities of these issues.

In a pivotal development, a documentary film was completed in early 2023, aimed at raising public awareness about the ECHR’s rulings. This film was distributed widely, emphasizing the importance of effective communication in human rights advocacy.

Building a Coalition for Change

A significant milestone was the distribution of a research report analyzing Norway''s execution of ECHR rulings, presented to relevant stakeholders in June 2022. This research informed a future monitoring mechanism for the implementation of ECHR decisions in Croatia, following changes in procedural guidelines allowing civil society organizations (CSOs) to participate as observers in discussions.

In December 2021, a panel identified the need for a consultative mechanism that would facilitate cooperation among various stakeholders, including civil society, legal experts, and government representatives. The establishment of this mechanism would support better monitoring of action plans related to the ECHR’s decisions, thus enhancing human rights protection in Croatia.

In March 2023, a workshop was held to finalize the participation mechanism for CSOs, leading to the formal establishment of a coalition dedicated to monitoring the implementation of ECHR rulings. 

Media Engagement and Public Education

The project also focused on enhancing media engagement. Training sessions for journalists were conducted to improve their understanding of human rights mechanisms under the ECHR, specifically regarding freedom of expression and the challenges posed by SLAPP (Strategic Lawsuits Against Public Participation) cases. These initiatives culminated in a panel discussion aimed at preparing a comprehensive advocacy campaign addressing SLAPP issues, ensuring that journalists were well-equipped to navigate these complex legal landscapes.

Overall, the project''s outcomes reflect a concerted effort to elevate the discourse around human rights in Croatia, ensuring that both legal professionals and the public are better informed and engaged in advocating for systemic changes. Through education, collaboration, and public engagement, the project has set the groundwork for a more robust human rights framework in Croatia, aligning with European standards and best practices.

In a vibrant community striving for social justice, a group of civil society organizations (CSOs) recognized the urgent need for effective monitoring of the Croatian Parliament and its expert bodies. To tackle this challenge, they came together to form a strong coalition, united by a common goal: to enhance the legal framework and prevent the recurring violations that had plagued their advocacy efforts.

To empower their coalition, the CSOs organized a comprehensive training program on utilizing the MAXQDA software, a powerful tool for qualitative research. This training was not limited to their members; it welcomed participants from other organizations, fostering collaboration and knowledge sharing across the civil society landscape.

Meanwhile, understanding that effective financial management is crucial for sustainability, the coalition worked diligently to develop a specialized software application. This tool was designed to assist CSOs in financial planning and cost management, ensuring transparency and accountability in their operations.

With these initiatives, the coalition not only built its capacity but also strengthened the collective voice of civil society. By advocating for legal reforms and enhancing their monitoring capabilities, they were poised to make a significant impact on governance and accountability in Croatia.

As the project unfolded, the CSOs continued to reflect on their journey, recognizing that their efforts were paving the way for a more just and equitable society, where the voices of the people could be heard loud and clear.

Summary of bilateral results

The Norwegian Helsinki Committee embarked on a transformative journey to strengthen the fabric of civil society in Croatia. To kickstart this initiative, the Committee conducted a comprehensive research study, focusing on the critical question of how well Croatia implements decisions from the European Court of Human Rights (ECHR). This important research was meticulously translated and disseminated in Zagreb, ensuring that the findings reached a wide audience. The research posed several probing questions, such as:What are the key institutions responsible for implementing ECHR decisions, and how do they collaborate?How does implementation manifest in practice, backed by case studies and relevant statistics?What procedures are in place for stakeholders, including individuals, NGOs, and media, to monitor the implementation of ECHR decisions? Are these processes transparent?What recommendations and practical changes have emerged over time to enhance the implementation system?By addressing these vital questions, the Norwegian Helsinki Committee sought to empower local CSOs, enhancing their ability to engage with the human rights landscape effectively. The initiative not only aimed to improve the implementation of ECHR decisions but also aspired to cultivate a culture of accountability and transparency within Croatian governance. Through this collaborative effort, the Norwegian Helsinki Committee envisioned a future where human rights advocacy flourishes, and the voices of the people are amplified, driving meaningful change and progress in the region.

Information on the projects funded by the EEA and Norway Grants is provided by the Programme and Fund Operators in the Beneficiary States, who are responsible for the completeness and accuracy of this information.