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Description
Existing legal mechanisms are vague and neglect civilian victims of war. The process of building social trust slows down ineffective resolution of missing persons, inefficient judiciary, poor institutional and social support with hints of intolerance and hate speech. Our goal is to strengthen civil society and vulnerable groups in the process of humanizing attitudes towards victims of war and human rights violations, regardless of their national, ethnic or political affiliation, and to mobilize stronger social and political support for effective search for missing persons, recognition of the rights of families of killed and other civilian victims, including stronger prosecution of war crimes.
Target groups include victims of the wars of the 20th century with their families, lawyers, representatives of the judiciary, legislature and the executive, students and researchers, media, professional and general public. Key activities: support to victims and survivors (filling out questionnaires about victims, writing case studies, etc.), support for more efficient war crimes prosecutions (trial monitoring etc.), public advocacy for the rights of civilian victims of war (meetings with judicial institutions, writing comments on bills, etc.), better history teaching and empowering of young people to deal with the past (workshops on recording local histories, mentoring support, etc.) and strong public advocacy in the form of crowdfunding and smaller advocacy campaigns.
Added value of the project partner is long term experience in human rights protection, free legal aid and support to victims of the war, participation in the peaceful integration of citizens from occupied territories etc.
It is expected to have an impact on the practice of the culture of remembrance in Croatia, a more humane approach to war victims, a safer environment to discuss the fate of victims, networking of various stakeholders with greater social understanding and institutional transparency.
Summary of project results
The main problem lies in the lack of prerequisites for building sustainable peace in Croatian society. Both in the country and in the region, there is a lack of political and, consequently, institutional will to resolve the fate of the missing persons. According to data from February 2020, the number of missing persons from the Homeland War is 1,871. Many facts about war crimes, investigations of which began in the early 1990s, remain unresolved, and many perpetrators have been convicted in absentia or acquitted. The quality of indictments has often varied, and judicial practice has been highly inconsistent, as shown by the analysis of trial effectiveness published in the book Prosecuting War Crimes: A Guarantee for Confronting the Past in Croatia, published by Documenta, as well as the monitoring of war crimes trials and the daily work on documenting crimes. Since 2013, the prosecution of war crimes has stagnated, a fact highlighted in the United Nations annual reports by the Prosecutor of the IRMCT, Serge Brammertz.
The Law on the Rights of Victims of Sexual Violence during the Armed Aggression against Croatia in the Homeland War does not cover the rights of all victim groups. Existing legal mechanisms are poorly defined and neglect civilian victims, mainly addressing the rights of military victims. In short, state and public institutions are delaying the publication of a list of all victims of the war, which would represent a minimum of civilizational acknowledgment of the suffering and loss endured. Additionally, there is a concerning rise in hate speech and other forms of intolerance, especially toward members of minority communities. The political establishment has relativized these issues, even though it has been informed through reports from the Ombudsperson’s Office and human rights organizations. This contributes to growing tensions regarding the interpretation of violations of humanitarian law, not only in the recent war but also during World War II.
All these forms of ambiguity, lack of regulation, or unjust treatment, characteristic of neighboring countries in the Western Balkans, hinder the development of trust and processes for dealing with traumatic social and political experiences and the consequences of wars. This is a point of concern raised by the REKOM reconciliation network, which brings together more than 2,000 actors, and which Documenta is a co-founder of. Also alarming is the declining interest of the European Union in continuing integration processes and consistently promoting European values, including the right to life as stated in Article 2 of the EU Charter of Fundamental Rights.
The project aimed to raise awareness and provide support for civilian war victims, especially focusing on the issue of missing persons and the documentation of human losses during and after the war. Through a series of activities, Documenta and its partners made significant strides in advocating for the rights of civilian victims and enhancing public awareness about the ongoing struggles they face.
Key activities included the promotion and monitoring of the Civil War Victims Law, supporting victims with legal assistance, and providing information on their rights. Documenta supported over 50 civilian victims in filing claims and appeals, with collaboration from the Serbian National Council to monitor 189 cases. The project also featured a crowdfunding campaign "We Remember All Victims," which reached over 60,000 people online, raising funds and fostering public discussion on the subject.
In addition to legal support, the project provided a platform for public dialogue. Through roundtables, press events, and field research, Documenta gathered and shared vital information, documenting the fates of over 600 missing and deceased individuals, shedding light on their stories. This resulted in increased citizen engagement and helped amplify the voices of those affected by the war.
The project also included workshops for young people and professionals, enhancing their understanding of the historical and ongoing challenges related to war crimes and human rights violations. By fostering connections between civil society organizations, the judiciary, and the broader public, Documenta successfully raised awareness and promoted justice for civilian victims.
Ultimately, the project played a crucial role in supporting victims'' rights, influencing public policy, and advocating for the recognition and remembrance of the civilian victims of war in Croatia. It also provided essential tools and resources for further action, ensuring that the dialogue about war crimes and the fate of the missing continues to resonate in both public and institutional spheres.
One of the most significant changes brought about by this project was the increased awareness of the position of civilian war victims and their rights under the new law. The project highlighted the injustices faced by civilian victims, placing them at the heart of Documenta''s work. In addition to providing legal and expert assistance, much of the project''s focus was on advocating for legal solutions, informing and sensitizing the public, and providing direct support through field research.
This project offered a comprehensive approach to addressing these issues, providing space for advocacy activities and direct engagement with the victims—an aspect that, while mentally exhausting, proved crucial and necessary. Through this process, the project also revealed the slow pace of change and the long periods required to initiate or achieve desired outcomes.
Another significant shift was in how the project influenced perceptions of judicial institutions, shedding light on their shortcomings, challenges, and opportunities. The realization that most trials are held in absentia highlighted both the weaknesses in the system and the occasional positive aspects, such as ensuring that at least a written record remains or allowing witnesses the space to testify.
On an organizational level, there were notable changes in the way both Documenta and the Center for Peace approached team dynamics. The introduction of team planning sessions was one of the most positive changes, as such meetings had not been held for a long time. Through these planning sessions and the development of internal capacities, the team was able to reflect on the organization''s achievements and strengthen its bonds. A key outcome was the establishment of an informal rule to have lunch together at 1:00 PM, which fostered a better atmosphere in the office. Additionally, regular team meetings were institutionalized, held at least once a month or as needed, further improving internal communication and collaboration.
Through our project, civilian victims as a target group have affirmed Documenta as a reliable and professional partner for addressing their issues or concerns related to the Law on Civilian Victims of the Homeland War and their rights. As a result, more than 50 individuals received advisory or legal assistance in submitting their applications, while over 180 cases were monitored in collaboration with the Serbian National Council. Documenta, together with its partners, monitors the implementation of the law, systematically documenting shortcomings, potential discriminatory aspects, and suggestions for improvement. This is particularly important for members of national minorities, who, in theory, can access their rights through this law. In practice, however, the process is more complex due to the broader socio-political context, and we have encountered violations of rights. Through advocacy activities, we aimed to collect as many decisions as possible, which would serve as a foundation for future campaigns and public advocacy for legal reforms. As part of this effort, we also prepared a protocol to research the position of civilian war victims to undertake this crucial task ourselves.
Through the campaign "Zagreb Remembers Resistance," we contributed to a greater public recognition of the victims and resistance during the time of the Independent State of Croatia. This raised awareness of the values and importance of anti-fascism, a framework we cannot overlook. On the other hand, the "We Remember All Victims" campaign further sensitized the public to the issues faced by civilian victims and the need for a unified, publicly accessible list of murdered and missing persons in Croatia during the Homeland War, which remains Documenta''s ultimate goal.
One of the key target groups we focused on was young people. By conducting workshops in less-developed regions of Croatia (Vukovar, Požega, Vrginmost, Karlovac, etc.), we allowed young people to engage with the traumatic historical period of their local communities. The workshops aimed to reflect on the history of their towns in the 20th century and consider the positions and emotions of those who endured difficult and often painful moments during that past (e.g., World War II, the Homeland War). Through this approach, young people became more informed and sensitized to human rights violations within their local context.