Commitment to the Convention on Cluster Munitions

Policy

The Republic of Croatia signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 17 August 2009. It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.

In April and May 2014, Croatia reported that mine action legislation is being drafted to address clearance, victim assistance, and risk education with respect to explosive weapons including cluster munitions and said the draft legislation “states that each failure in treatment of cluster munitions is subject to misdemeanor sanction.”[1] Previously, in 2012, Croatia stated that a working group established to prepare national legislation, including penal sanctions to prevent and suppress any activity prohibited under the Convention on Cluster Munitions, had produced a first draft of the proposed legislation.[2]

Croatia’s armed forces have included the convention’s obligations in an expanded curriculum on agreements and treaties that Croatia has joined.[3] In May 2013, Croatia reported that the government had established the Office for Mine Action to act as a focal point for coordination and monitoring of mine action related activities in Croatia, including the operation of the Croatian Mine Action Center (CROMAC).[4]

Croatia submitted its initial Article 7 report for the Convention on Cluster Munitions on 10 April 2011 and provided annual updated reports in 2012, 2013, and on 5 May 2014.[5]

Croatia made many notable contributions throughout the Oslo Process that led to the creation of the Convention on Cluster Munitions and, from its experience as an affected state, advocated for the strongest possible provisions on victim assistance.[6] Croatia enacted a moratorium on the use, production, and transfer of cluster munitions in 2007, prior to the conclusion of the process.[7]

Croatia has continued to actively engage in the work of the Convention on Cluster Munitions since 2008. Croatia has participated in every Meeting of States Parties of the convention, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, where it made several statements, including on clearance, victim assistance, and stockpile destruction. Croatia has attended every intersessional meeting of the convention in Geneva, including in April 2014, where it made statements on universalization, stockpile destruction, and national implementation measures.

The Regional Arms Control Verification and Implementation Assistance Centre (RACVIAC) at the Centre for Security Cooperation held its sixth annual workshop on the implementation of the Convention on Cluster Munitions during a wider symposium on mine action in Zadar, Croatia from 22–26 April 2014 attended by six governments from the region.[8]

In 2012–2013, Croatia served as co-coordinator on stockpile destruction and retention for the Convention on Cluster Munitions, together with Spain.

At the intersessional meetings in April 2014, Croatia called on all countries to sign and ratify the Convention on behalf of victims of cluster munitions, and out of human duty and common interest.[9]

In April 2013, Croatia said “the horrible situation in Syria necessitates that States Parties and others continue to communicate to those responsible that the use of cluster munitions must stop now.”[10] Croatia has voted in favor of UN General Assembly (UNGA) resolutions condemning the Syrian government’s use of cluster munitions, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[11]

Croatia is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons (CCW).

Interpretive issues

Croatia has expressed its views on a number of issues important to the interpretation and implementation of the Convention on Cluster Munitions. Croatia considers that transit of cluster munitions across, or foreign stockpiling of cluster munitions on, the national territory of State Parties is prohibited by the convention and also considers investment in the production of cluster munitions to be prohibited.[12] Croatia has stated, “As for the interoperability and use of cluster munitions by countries that are not signatories to the [convention], and are serving within joint military operations, Republic of Croatia will act in accordance with provisions stipulated in Article 21 of the Convention.”[13]

In 2012, Croatia stated that it agrees with the concerns raised by CMC that it is not clear how the convention’s phrase “minimum number of cluster munitions absolutely necessary” for the retention of cluster munitions will be interpreted and said that it is “crucial that states comply fully with the detailed reporting requirement on cluster munitions retained for development and training.”[14]

Use, production, and transfer

Croatia has stated that it does not produce cluster munitions, did not import them, and that the armed forces of Croatia have not used them, including in missions under UN auspices.[15]

Croatia informed the Monitor that “no Yugoslav production facilities for cluster munitions or their components were formerly located in Croatia” but acknowledged that until 1999, the Croatian company SUIS d.o.o., in Kumrovec produced a cluster munition called the M93 120mm mortar bomb.[16] In 2012, Croatia declared that the production facilities were officially decommissioned when bankruptcy proceedings for the company were completed in 2006.[17]

On 2–3 May 1995, forces of the self-proclaimed Republic of Serbian Krajina (Republika Srpska Krajina, RSK) under the leadership of Milan Martić shelled Zagreb with M87 Orkan rockets equipped with submunitions, killing at least seven civilians and injuring more than 200.[18] Additionally, the Croatian government has claimed that Serb forces dropped BL755 cluster bombs in Sisak, Kutina, and along the Kupa River.[19]

Stockpiling

Croatia has declared a stockpile totaling 7,235 cluster munitions and 178,785 submunitions, as shown in the following table. Croatia inherited the cluster munitions during the breakup of the Socialist Federal Republic of Yugoslavia.[20]

Croatia’s cluster munition stockpile (as of 31 December 2013)[21]

Stockpile destruction

Under Article 3 of the Convention on Cluster Munitions, Croatia is required to destroy all its stockpiled cluster munitions as soon as possible, but not later than 1 August 2018.

In its May 2014 Article 7 report, Croatia stated that it has the necessary capabilities and facilities in place to destroy its remaining stocks ahead of the deadline.[22] In May and April 2014, Croatia reported that its stockpile destruction process had been delayed due to its “ongoing and demanding” clearance of the former military ammunition depot at Pađene, where a forest fire on 13 September 2011 caused a large uncontrolled explosion that destroyed a portion of Croatia’s stockpiled cluster munitions and resulted in explosive remnants. Croatia stated that clearance of the Pađene site was scheduled to conclude by August 2014 and then the process of its stockpile destruction can commence. It reported that it has a plan in place including standard operating procedures for the destruction process, which will be carried out by the Croatian armed forces.[23]

Croatia expects to complete the destruction within one year provided that adequate financial resources can be located.[24] It has estimated approximately €200,000 will be needed to fulfill its stockpile destruction obligations under the convention.[25]

Cluster munitions destroyed by Croatia (as of 31 December 2013)[26]

In 2011, the Ministry of Defence and NGO Norwegian People’s Aid (NPA) carried out research on each type of cluster munitions and their submunitions in the stockpile and also developed standard operating procedures.[27] During this period, Croatia destroyed six cluster munitions and their submunitions.[28] The September 2011 explosion at the Pađane military storage site caused an explosion that destroyed at least 153 stockpiled cluster munitions and their submunitions.[29] There were no casualties at the time of the incident, but on 10 July 2013 an engineer from the Croatian armed forces was killed and two others injured when a MK-1 submunition exploded during clearance operations at the site.[30]

During 2012, Croatia’s stockpile of cluster munitions was consolidated at two locations closer to the destruction site at the Slunj military training ground: Golubić and Pleso.[31]

In 2014, Croatia reported that standard operating procedures for the disassembly and destruction of the stockpile have been developed and disposal trials conducted to identify viable destruction options for each munition type. The stockpile will be destroyed through a combination of disassembly, recycling, open burning/detonation, and demilitarization techniques with a plan to minimize contamination and environmental impact by maximizing the re-use, recycling, and reprocessing of materials wherever possible.[32]

Retention

Croatia has not retained any live cluster munitions or submunitions for training and development purposes as permitted by Article 3 of the Convention on Cluster Munitions. Croatia declared in January 2011 that it intends to retain 14 cluster munitions and a total of 1,737 submunitions for training and educational purposes and for display at a military museum, but stated that the cluster munitions would be disassembled and the submunitions disarmed and made free from explosives.[33] In its May 2014 Article 7 report, Croatia listed 14 cluster munitions as retained for training, but stated this is “not actual retention” because the munitions are inert.[34] Croatia has encouraged other State Parties to “consider this technique of retention” by retaining inert and not live cluster munitions.[35]

Contamination and Impact

Overall Mine Action Performance: GOOD[1]

Mines

The Republic of Croatia is affected by mines and—to a much lesser extent—explosive remnants of war (ERW) including cluster munitions remnants, a legacy of four years of armed conflict associated with the break-up of the former Yugoslavia in the early 1990s. The Croatian Mine Action Centre (CROMAC) reported that in May 2014 a total of 610km² in 88 municipalities was still suspected hazardous area (SHA), of which mined areas accounted for all but 5.9km² (which contained only unexploded ordnance [UXO]).[2]

In 2014, Croatia conducted new general (non-technical) and technical survey on military facilities, resulting in suspected mined area of 32.4km². Almost 31.4km² of the area is on military training sites. This is a much higher figure than the previously reported figure of 2.5km².[3] CROMAC believes the mined areas in the military facilities are not included in their overall SHA of 610km².[4] Croatia has also identified areas on its border with Hungary to be cleared as part of a cross-border cooperation program.[5] The total SHA has not been publicly reported.

Twelve of Croatia’s 20 counties remain affected,[6] although Croatia expected to complete clearance in two counties—Dubrovnik-Neretva and Vidovici—in 2014.[7] Two-thirds of contaminated area (67%) is in forests, 19% in agricultural land, and 14% is in karst (rocky limestone areas) and macchia (shrubland).[8] Priorities for clearance are agricultural land, forests with economic potential, and national parks.[9]

Croatia was affected by the Balkan flood disaster in May 2014. On 23 May, CROMAC met with the directors of the mine action centers of Serbia and Bosnia and Herzegovina to “analyse the situation in our countries and to agree about the future actions and cooperation immediately after land dries.” CROMAC experts worked in the field with the National Crisis Center to provide risk education to emergency response personnel. As of this writing, Croatia had not allocated any emergency funding for mine action or made any changes to the annual plan. CROMAC did, however, identify three flood-affected SHAs of particular concern. Gunja Municipality, located on the banks of the River Sava, has an SHA of 162,017m², which will need to be cleared before the embankment can be reconstructed. In Vrbanja Municipality, CROMAC expressed concern that mines from the 0.66km² SHA could be washed into previously demined lower-lying areas, saying: “The exact affected area is not easy to estimate because of unpredictability of the influx of the flood waters.” The Somovac forest along the border with Serbia in Nijemci Municipality has an SHA of 1.4km². CROMAC estimates that the cost of demining the flood-affected SHAs will be €4 million.[10]

Cluster munition contamination

Croatia has areas contaminated mainly by KB-1 and MK-1 type cluster munition remnants left over from the conflict in the 1990s following the dissolution of the Socialist Federal Republic of Yugoslavia. By the end of 2014, these covered an area of almost 3.5km² across five counties, but the majority of contamination (90%) is located in three counties: Zadar (46%), Split-Dalmatia (22%), and Lika-Senj (22%).[11]

Cluster munition contamination (as of May 2014)[12]

Croatia reported that while “large areas” of contaminated by cluster munitions were cleared in 2013, there was little change in the overall total of contaminated area due to the identification of new confirmed hazardous areas (CHAs) though technical survey (TS) in Karlovac county.[13]

Other explosive remnants of war

CROMAC also reported contamination by other UXO at the end of 2012 amounting to only 2.82km². Explosions at a munitions storage facility in Pađane (near Knin) in September 2011 scattered UXO over the surrounding countryside, but military teams had reportedly cleared all the areas outside the facility by the end of 2012.[14]

Mine Action Program

CROMAC was established on 19 February 1998 as the umbrella organization for mine action coordination.[15] CROMAC had 143 employees in early 2014.[16] The CROMAC Council, an oversight and strategic planning body, consists of a president, appointed by the Prime Minister, and 10 members, appointed from the Ministry of Defense, Finance, and Interior, as well as eminent persons. The council meets at least four times a year.[17]

In April 2012, the government created the Office for Mine Action (OMA), reporting to the Prime Minister’s office, to function as a focal point for mine action, strengthening coordination among stakeholders and funding agencies, and raising public awareness about mine hazards.[18] The OMA includes a Unit for European Union (EU) Funds tasked with promoting access of the mine action sector to a range of EU funds expected to become available as part of Croatia’s EU membership.[19] The establishment of the OMA has elevated the status of mine action as the OMA can “politically pressure the government and international actors” in ways that CROMAC, as a technical body, can not.[20]

A Law on Humanitarian Demining was adopted in 2005 and entered into force on 5 January 2006.[21] A 2007 amendment to the law elaborated responsibilities and human resource requirements, and a second amendment in 2008 clarified responsibilities for quality control.[22] The law assigns the Croatian Army responsibility for clearing all military areas.[23] In 2014, Croatia was in the process of drafting a new demining law; specific provisions were still under negotiation but were expected to bring standards more in line with the International Mine Action Standards (IMAS), enabling use of new TS methods to reduce confirmed mined areas and release land.[24]

CROMAC founded the Centre for Testing, Development and Training (CTDT) in 2003, a state-owned company accredited to test and certify machines, mine detection dogs (MDDs), metal detectors, personal protective equipment, and prodders. CTDT also engages in research, training, and development of clearance and survey techniques and technologies.[25] Basic training of deminers is conducted by the Croatian Police Academy, but CTDT offers management-level training in mine action.[26] CTDT has said that its enforcement of testing requirements has improved the quality of clearance equipment over the last few years.[27]

Strategic planning

Croatia’s 2008 Article 5 deadline extension request set out annual demining targets and strategic goals, including elimination of any mine threat to housing and to areas planned for the return of displaced people by 2010, to infrastructure by 2011, to agricultural land by 2013, and to forest areas by 2018.[28] While clearance of the mine threat to housing and infrastructure is now complete, Croatia missed its target on agricultural land; by the end of 2013, 19% of the total SHA was agricultural land.[29]

As a result of conditions for earlier World Bank funding, Croatia has an unusually commercialized mine action sector, with almost all civil clearance conducted by local companies competing for tenders. CROMAC believes this model of privatized clearance is “faster, cheaper and more efficient.”[30] Much of foreign donor funding is tendered by ITF Enhancing Security, while CROMAC manages tendering for government, World Bank, and EU money according to the Law on Public Procurement.[31] Croatia without Mines, a trust fund, raises money from private sources.[32]

The exception to the commercial tendering system is the state-owned enterprise, MUNGOS, which is directly assigned enough tasks by CROMAC—mostly emergency clearance and particularly complex tasks—to keep it solvent while it slowly phases down operations.[33] NGOs are barred from competing for commercial tenders as CROMAC sees their subsidy by other funds as “unfair.”[34]

There are relatively low barriers to entry in the mine clearance market and so there is considerable fragmentation. In 2013, a total of 38 demining companies employed 609 deminers (an average of fewer than 17 deminers per company), using 20 MDDs, 48 demining machines, and 670 detectors.[35] Of the 26 companies operational in 2013, 19 each cleared less than 5% of the total area cleared in Croatia. Seven firms cleared less than 1% of the total area cleared, and no company cleared more than 14%. The size and timeframes of CROMAC’s tenders mean a successful bid often requires joint ventures and subcontracting. Operators expressed the view that this creates coordination problems across the many consortium partners and subcontractors.[36]

The average net price of mine clearance dropped in 2013 to HRK6.15 (approx. US$1.10) per square meter from HRK7.66 (approx. US$1.40) in 2012.[37] This makes it difficult for firms to make a profit on clearance. Larger firms claim they are hampered by earlier overinvestment in mechanical assets and equipment based on assumptions that funding would match the levels outlined in the 2009–2019 mine action strategy.[38] Some companies have sought to diversify with operations outside Croatia, but given the relatively higher wages of Croatian deminers, find it difficult to compete for tenders.[39]

In 2013, the OMA raised concerns of “price dumping” by smaller and less established firms aiming to gain a market share by underbidding on tenders. According to the OMA director as cited in the press in 2013, “Some companies are indeed playing a very dirty game here.”[40] A trade union member also raised concerns about this practice, saying that “Whoever offers the lowest price gets the job. That comes at the expense of worker safety.”[41] However, CROMAC stated that it “can’t do anything” about companies price dumping, except by making sure they pay their salaries and taxes and maintain standards in clearance, and by encouraging other government agencies to monitor compliance with relevant laws.[42]

The Croatian demining community faced a labor dispute in 2013, with deminers raising concerns about pay and working conditions[43] and a significant number going on strike.[44] However, the dispute was resolved through a new collective bargaining agreement that would raise salaries pending an increase in the demining budget.[45] In another possible indication of labor discontent, many small firms are apparently started by deminers dissatisfied with working for larger companies.[46]

Land Release

Croatia released a total of 71.9km² of mined area in 2013, slightly more than in the previous two years (67.3km² in 2012; and 70.4km² in 2011). A total of 32.3km² was released through clearance, which was marginally higher than in 2012 (30.5km²) and 2011 (27.7km²); 39.56km² was through general survey and TS (36.79km² in 2012; and 42.69km² in 2011).[47]

Release of mined areas in 2013[48]

Land release was 54% of the amount foreseen for the year in the 2009–2019 mine action strategy; clearance was 59% of target while survey was 51% of target.

In the Hungary-Croatia cross-border clearance program, Croatia cleared 1.56km² from its side of the border in 2013; it has cleared a total of 7km² along this border over the previous years.[49]

Some 1.5km² of clearance in 2013 resulted in no mines being found.

Mine clearance in 2013[50]

Clearance has remained fairly consistent over the past five years.

Mine clearance in 2009–2013 (km²)

Article 5 Compliance

Under Article 5 of the Mine Ban Treaty (and in accordance with the 10-year extension granted by States Parties in 2008), Croatia is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2019.

 There is broad skepticism in the Croatian mine action community that it will complete clearance by this date,[51] and general agreement that the program is operating significantly below capacity. It is still asserted that human resources and assets could enable full clearance by the Article 5 deadline,[52] and that lack of funding is the primary obstacle, with the climate of government austerity reducing national funding as well as the amount of private demining contracts.[53] CROMAC stated that when the 2009–2019 strategy was developed—which envisioned an increase in national funding—it did not anticipate the impact of the global financial crisis on the national budget; meanwhile, “donor funds are dropping rapidly.”[54]

CROMAC estimates Croatia will need €300–350 million to fulfill the aims of the 2009–2019 mine action strategy, of which half is “somewhat guaranteed” in the government budget. CROMAC is nonetheless “optimistic” Croatia will secure much of the balance from the EU.[55]

Besides increased funding, CROMAC believes that new techniques and technology offered best hope for speeding up survey and clearance. CROMAC stated that the current demining law constrains use of technical survey. CROMAC hopes the new law will enable area reduction according to international standards. For instance, the total CHA is currently 302km², but CROMAC estimates this can be reduced to 80km² with better survey techniques.[56]

Clearance of cluster munition-contaminated areas in 2013

In 2013, Croatia reported clearance of approximately 1.15km², approximately 50% more area than in the previous year, and destroyed 164 submunitions.[57] In the process, it said it had completely cleared two counties, Dubrovnik-Neretva and Sisak-Moslavina, as well as an area around the town of Nin and Krka national park.[58]

Note : U-SUB = unexploded submunitions

Compliance with Article 4 of the Convention on Cluster Munitions

Under Article 4 of the Convention on Cluster Munitions, Croatia is required to destroy all cluster munition remnants as soon as possible, but not later than 1 August 2020.

In its Article 7 report of 2014, Croatia reported it had approximately 3.45km²of cluster munitions contamination remaining to be cleared in the six years before reaching its article 4 deadline, a reduction of 0.58km²from the estimate of contamination at the end of 2013.[59]

Support for Mine Action

In 2013, international donors provided US$4.6 million to mine action. Croatian companies provided HRK41 million (almost US$7.2 million) of which Croatian Forests contributed HRK30 million (more than US$5.3 million). A further HRK7.96 million (almost US$1.4 million) came from private donors and companies within Croatia.[60]

Croatia is no longer receiving mine action funds from the World Bank and does not expect to do so in the future. Despite its entry into the EU, in 2013 and 2014 Croatia was still receiving money from the EU under its Instrument of Pre-accession Assistance. CROMAC believes that funding will increase in the coming years as it will be able to access EU Structural and Cohesion Funds. Croatia is currently negotiating with the EU for a 2014–2020 tranche of funds that include a proposal for €25 million for mine clearance of forestland in Eastern Slavonia (including a national park) and €2 million for a cross-border project with Hungary. These are intended as pilot projects that, if successful, would be replicated elsewhere.[61]

Recommendations

·         Continue to seek new sources of donor funding, including but not limited to the EU.

·         Continue investigation, assessment, and adoption of new survey and clearance technologies and operational techniques.

·         Better regulate the commercial tendering process to discourage the fragmentation of the demining market by issuing longer-term tenders that allow companies to hedge against contingencies and make best use of operational assets and human resources.

Action points based on Monitor findings

·         Maintain regular national coordination of victim assistance and complete the unified victim database in order to improve implementation of services according to needs.

·         Secure adequate resources for civil society victim assistance activities that fill gaps in government services, including peer support outreach and targeted psychological assistance, while working towards improving government provision of necessary services.

·         Expand psychological services to rural and remote areas and improve accessibility to the existing services in those areas.

Victim assistance commitments

The Republic of Croatia is responsible for a significant number of landmine survivors, cluster munition victims, and survivors of other explosive remnants of war (ERW). Croatia has made commitments to provide victim assistance through the Mine Ban Treaty and Convention on Conventional Weapons Protocol V and has victim assistance obligations under the Convention on Cluster Munitions.

Casualties Overview

Details and trends

One adult male civilian was injured by a mine in Croatia in 2013.[1] One clearance personnel was killed and two were injured by a cluster submunition explosion.[2] In 2012, there were two casualties among deminers and one adult civilian casualty.[3]

The Croatian Mine Action Center (CROMAC) has reported at least 1,978 mine/ERW casualties between 1991 and the end of 2013 (511 killed; 1,436 injured; and 31 unknown).[4]

Cluster munition casualties

In 2013, there were three new submunition casualties in Croatia. Three members of the Demining Battalion of the Engineering Regiment were involved in an accident in September 2011 during clearance of the former ammunition storage site in Pađene that resulted in one deminer being killed and two being wounded; the accident detonated, scattering ordnance including munitions.[5] Between 1993 and 1995, at least 206 casualties occurred during cluster munition strikes in Croatia. Between 1993 and 2013, 35 casualties of unexploded submunitions were reported.[6]

Victim Assistance

As of the end of 2013, the total number of mine/ERW survivors in Croatia was at least 1,436.

Victim assistance since 1999[7]

Health and social services in Croatia function largely on national capacity and were considered sufficient, with relatively strong medical and rehabilitation infrastructure in the cities and social insurance covering most healthcare costs. However, quality, accessibility, and affordability remained key issues, particularly for physical rehabilitation. Although Croatia has a well-structured health and social welfare system, its services were not always equally available to all survivors.

While some areas of victim assistance improved since 1999, until 2010, when the first coordination group was established, a lack of political will hampered progress on the government’s implementation of victim assistance plans. Since 2006, CROMAC has been responsible for coordinating victim assistance, in cooperation with other government ministries and NGOs. For three years, from October 2007, the local NGO Mine Aid had been requesting support to undertake a survivor needs assessment as part of a larger victim assistance program. As a result of Mine Aid advocacy, a multisectoral project to create a unified casualty database for needs assessment was initiated. The first coordination group was established in 2010 but did not meet throughout 2012 until 2013.

High unemployment among survivors worsened as a result of the global economic slowdown. Psychosocial support remained inadequate because of the general public’s and professionals’ lack of knowledge about this issue and a lack of community involvement. Peer support through NGOs increased from 2008.

Awareness of disability rights slowly improved among survivors and the general public, but existing disability legislation was not consistently implemented. A survivor survey in 2011 found that only 19% of survivors reported living in areas with facilities that provided them with adequate care.[8]

Victim assistance in 2013

In 2013, progress in victim assistance coordination and the development of a unified survivor database restarted, after having stalled in mid 2011. NGOs had to reduce the quantity of services from levels that had already been reduced since 2011, due to financial and capacity constraints. Activities at a new psychological assistance center increased, though overall there was no improvement in the psychological support network through the health system.

Assessing victim assistance needs

There was no new or ongoing needs assessment survey in 2013. The Croatian Registry of Persons with Disabilities maintained a database on people living with disabilities who have been registered using an international classification which indicates that the injury was caused by war or explosives. The Ministry of Family, Veterans, and Intergenerational Solidarity maintains data on injured deminers.[9]

The Ombudsperson for Disabilities reported that the lack of statistical data required for policy planning, allocation of resources, and systematic monitoring of undertaken actions were a serious impediment to addressing violations of the rights of persons with disabilities to education, employment, and independent living.[10]

Victim assistance coordination[11]

In 2013, the Government Office for Mine Action took on the role of co-coordinating the multisectoral group of government and NGO representatives, institutions, and individuals in the National Coordinating Body for Helping Mine and UXO Victims. This coordinating body was to ensure that a functioning victim database be established and data adequately collected. To that end, CROMAC hired a specific staff member to coordinate data collection based in the Government Office for Mine Action as a first step to collecting victim assistance related disability data.[12]

Established in 2010, the National Coordinating Body for Mine and UXO Victims was founded on recommendations from the Cartagena and Vientiane Action Plans, as well as due to obligations from the Convention on the Rights of Persons with Disabilities (CRPD).[13] In 2013, the National Coordinating Body held two official meetings but did not manage to establish coordination or cooperation with institutions directly responsible for CRPD/disability issues. A number of initiatives and ideas were discussed during the National Coordinating Body meetings in 2013, but the main focus was on a renewed awareness that Croatia needed a unified database on mine/ERW victims.[14] In 2012 the National Coordinating Body did not organize meetings or any other activity; the previous meeting was held in the second half of 2011.[15]

There was no revision of the National Action Plan for Mine and UXO Victims 2010–2014 in 2013, and no specific monitoring of the plan’s actual implementation took place. However, relevant institutions in each of the sectors involved in the plan submitted the obligatory overviews as per usual in their general activities.

Croatia provided detailed reporting on casualty data and government and NGO victim assistance activities in Form J of its Mine Ban Treaty Article 7 report for 2013.[16] Information on victim assistance was reported in Form H of Croatia’s Convention on Cluster Munitions Article 7 report for 2013.[17] Victim assistance activities were also reported in its Convention on Conventional Weapons (CCW) Protocol V reporting.[18] Croatia gave updates on victim assistance at the Thirteenth Meeting of State Parties to the Mine Ban Treaty in December 2013.[19]

Participation and inclusion in victim assistance

Survivors and their representative organizations equally participated in the two meetings of the National Coordinating Body in 2013, and gave their views and positions on issues discussed.[20]

Due to ongoing financial constraints, survivors were not able to be included as members of the government delegation to international meetings. Survivors also gave suggestions regarding the new law on mine action, primarily through the participation of Mine Aid and KUŽM.[21]

Service accessibility and effectiveness

Victim assistance activities[22]

Emergency and continuing medical care

Basic assistance, from first aid to informing all survivors and their families about their rights, was generally provided through government institutions.[23] The Croatian Institute for Health Insurance is responsible for providing emergency medical aid and continuing medical care, physical and medical rehabilitation, orthopedics, and other assistive devices. Health services are equally available to all insured people regardless of gender, age, or religion. Every doctor in the primary healthcare system is required to provide emergency medical assistance and, if necessary, arrange transport to the hospital. In exceptional cases it is possible, in cooperation with state institutions, to provide a patient with transport by helicopter or ship.[24]

In 2014, the Disability  Ombudswoman reported some of the shortcomings of Croatian special hospitals for inpatient medical rehabilitation, spas, and health resorts, based on visits to hospitals and a survey of hospital management and persons with disabilities. These gaps included a lack of funding for investing in upgrading premises and equipment, lack of personnel for conducting rehabilitation, long waiting lists, and a lack of accommodation capacities covered by insurance. Many institutions were physically inaccessible. Rehabilitation was incomplete due to a lack of rehabilitation interventions, understaffing, and focus on pure medical care while the other elements of rehabilitation such as social, psychological, and peer support remained neglected.[25]

Physical rehabilitation including prosthetics

Following emergency care, an injured survivor has the right to access various appropriate forms of medical care including inpatient rehabilitation, physical therapy in healthcare facilities and in community health centers, or physical therapy in the patient’s home. The Institute for Health Insurance maintains a detailed record of rehabilitation capacity and staff in the 10 most mine/ERW affected counties, including the facilities and physiotherapists providing home-based assistance in each county.[26] Compared to 2012, in 2013 the number of physical medicine and rehabilitation teams doubled in Sisak-Moslavina, increased slightly in Požega-Slavonija, and decreased slightly in Karlovac, Vukovar-Srijem, and Zadar. The number of physiotherapists providing therapy in the home did not change overall.[27]

The Croatian Institute for Health Insurance also covers the costs of “very basic” orthopedic aids for survivors. Survivors often reported that the quality and/or frequency of orthopedic devices that they received were inadequate; no change was noted in 2013.[28]

Economic and social inclusion and psychological support

Croatia reported that the provision of continuing psychosocial rehabilitation and reintegration through the social welfare system remained weak in 2013.[29] The Ministry of Family, Veterans, and Intergenerational Solidarity operated centers for psychosocial assistance in all 20 counties of Croatia and the city of Zagreb to assist all persons with disabilities, including mine/ERW survivors and members of casualties’ families. Croatia reported that the centers for psychosocial assistance are often understaffed and underfinanced or without programs to ensure the provision of adequate and timely services.[30] It also was reported that the government centers for psychological support existed only on paper.

Mine Aid continued to provide psychological support and referrals to persons affected by mines and their families in 2013. While Mine Aid continued to work in mine-/cluster-affected areas offering psychosocial and educational support, in 2013 most project participants were indirect victims, such as unemployed people living in affected areas. Mine Aid worked with survivors in cooperation with the M.A.R.E. Center by organizing summer psychosocial workshops. During the workshops, survivors received professional support and provided peer support to others in the group. Mine Aid cooperated with the working team on the new draft Law on demining, collecting and forwarding comments and recommendations of mine survivors.

In May 2013, Mine Aid organized a two-day seminar to present the final results of the project “Empowerment-Synergy-Integration,” financed by the Ministry of Health, and subsequently supported by the Ministry of Social Policy and Youth. The main goal of this seminar was to promote social entrepreneurship with the aim of encouraging self-employment for people with disabilities. The project brought together family members of those injured or killed and people directly affected by mines who experienced trauma due to the consequences of the weapon, including amputation, injury to internal organs, or loss of family members; included in the project were also persons with multiple sclerosis and their families.[31]

During 2013, the M.A.R.E Center offered professional psychosocial support and peer support. The M.A.R.E Center increased the number of workshops that it conducted compared to 2012 and continued operating and implementing new activities including psychosocial rehabilitation of mine survivors, their children, and their families.[32]

KUŽM reduced the quality of its services due to reduced inflow of donations and human capacity. During 2013, KUŽM kept beneficiaries informed of their rights and opportunities, trained three survivors as beekeepers, and purchased hives and agricultural tools for them.[33]

The Ombudsperson for disability reported that gaining employment was an obstacle for persons with disability who received a family pension. Prior to 2013, in order to continue receiving a pension, the law required persons with disabilities to forgo any form of education and employment. Amendments made to the Pension Insurance Act in 2013 by the Ministry of Labour and Pension Insurance created the opportunity for persons with disabilities to maintain a family pension upon finding employment and to regain the right to benefits in case of job loss.[34]

The Croatian Employment Service (CES) in cooperation with the town of Zagreb, the Institute for Disability Assessment and Professional Rehabilitation, and the Institution for Rehabilitation of Disabled Persons through Vocational Rehabilitation and Employment (Ustanova za profesionalnu rehabilitaciju i zapošljavanje osoba s invaliditetom, URIHO) implemented a new model of professional rehabilitation in line with the National Strategy of Equalization of Possibilities for Persons with Disabilities 2007–2015 to improve access to career management and develop new employment models for persons with disabilities. Of those unemployed persons with disabilities who were assessed as “employable” and used URIHO facilities, 45% found jobs on the open labor market. The CES established eight Lifelong Career Guidance Centers (CISOK) in seven Croatian regions for all citizens, including persons with disabilities, mostly based on the cooperation with the education system, the non-governmental sector, and other relevant stakeholders in the field of lifelong learning and vocational guidance.[35]

Laws and policies

As in the past, Croatia reported that it has a highly developed legal framework with over 200 laws and by-laws relating to the rights and status of persons with disabilities, including mine survivors.[36] However, Croatia also continued to report that although survivors’ rights are regulated by numerous laws and regulations, the “on the ground reality” does not always follow the legislation.[37]

The European Commission (EC) has found that the criteria for establishing entitlements for persons with disabilities in Croatia were not applied equally and that “legislation regulating specific rights remained fragmented.” Information was lacking on rights and entitlements in the areas of social welfare, healthcare, and pension insurance.[38] In 2012, the EC found that persons with disabilities continued to face discrimination in the labor market, and in the public sector that employment quotas were not being met. Public awareness of the rights of people with disabilities remained low, especially in rural areas where most mine/ERW survivors live. More attention was also needed to the implementation of regulations ensuring physical accessibility.[39] However, in its final report recognizing Croatia’s preparedness to join the European Union in 2013, the EC did not mention disability rights issues.[40]

Croatia has an Office of the Ombudsperson for Persons with Disabilities with its main role being to promote rights, propose measures, make recommendations, and request reports on the actions taken to enforce the rights of persons with disabilities.[41]

Croatia has strong legislation on building construction that requires the accessible adaptation of buildings for persons with disabilities. However, implementation was problematic because the relevant supervisory bodies did not enforce penalties in cases of violations.[42]

The law on the protection of military and civilian victims of war was changed during 2013 and the right to a pension for victims with low incomes was abolished.[43] According to data from the Croatian Institute for Pension Insurance, in 2013 fewer veterans with disabilities and deminer survivors received pensions. The reason for the decrease was not included in the statistical reporting.[44]

The National Employment Incentive Plan requires all legal entities with at least 20 employees to employ persons with disabilities in appropriate working conditions. State administration bodies as well as legal entities in full or partial ownership of the state are obliged to give priority to persons with disabilities.[45]

A new Act on Professional Rehabilitation and Employment of Persons with Disabilities was adopted at the end of 2013. The legislation addressees the following challenges: establishing a uniform definition of persons with disabilities compliant with the definition stated in the CRPD; providing subsidized employment of persons with disabilities; including a quota system for private sector employment; establishing regional vocational rehabilitation centers; and harmonizing legal provisions related to persons with disabilities in different sectors.[46]

Croatia ratified the CRPD on 15 August 2007.

In 2012, the Republic of Croatia contributed €31 million (some US$40 million) to its mine action program.[1] Since 2008, Croatia’s contribution to mine action from the state budget has totaled €164 million (more than $226 million) which represents 92% of the total mine action budget in 2008–2012. Croatia is one of a very few countries that contributes over 90% of its mine action budget from national sources.[2]

In 2012, Croatia also received $1.86 million in international contributions toward clearance activities and victim assistance from Germany, Monaco, and the United States (US).[3]

National contributions: 2008–2012[4]

International contributions: 2012[5]

Summary of contributions: 2008–2012[6]