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Croatia: Situation for Croatian citizens who have evaded or deserted military service including consideration of any available alternative service (2004-2005)

The following information was obtained from a representative of the Embassy of the Republic of Croatia in Washington, DC, in a telephone interview on 4 January 2006. The representative stated that although during war time individuals could be arrested when they evaded or deserted their obligatory military service, currently Croatia is very liberal regarding mandatory military service, and he is not aware of anyone being prosecuted or punished for evading military service. To his knowledge, military service evasion should not be a problem as Croatian citizens can complete alternative service instead of mandatory military service, and they can also ask for postponements, i.e. in the case of a Croatian citizen residing in another country.

This information was corroborated by the president of the Center for Direct Protection of Human Rights (DPHR) who provided the following information through correspondence on 26 January 2006. Within the last five years, DPHR has not received any complaints from their clients or information from other non-governmental organizations (NGOs) of anyone being imprisoned or prosecuted for evasion of military service in Croatia. The DPHR also indicated that Article 47 of the Constitution of Croatia guarantees the right to conscientious objection to all citizens.

Alternative service (also referred to as civilian service) is available (Croatia n.d.; TOL 28 Jan. 2005; Croatia 4 Jan. 2006a; ibid. 4 Jan. 2006b; QCEA Apr. 2005) for those who refuse to complete their military service on the basis of religious or non-religious grounds (ibid.). Most sources indicate that alternative service is for a period of eight months (ibid.; UN 16 Feb. 2004, Para. 38(g); HINA 14 May 2004; Croatia 4 Jan. 2006b); however, one source, Transitions Online, states that it is for a period of ten months (TOL 28 Jan. 2005).

In its review of the current situation of conscientious objectors in Croatia, the Quaker Council for European Affairs (QCEA) provides the following information on alternative service:

Applications must be made to the Civil Service Commission (Ministry of Justice). Since the introduction of the Law on Civilian Service in 2003, applications are not individually examined and there is no personal interview with the applicant.... Substitute service can be performed in various educational, medical, humanitarian and cultural institutions.... After completing substitute service, COs [conscientious objectors] are liable for reservist duties in civilian protection.... The increasing number of COs has led to a shortage of workplaces where substitute service can be performed.... Consequently, COs may have to wait for several years before they can actually start substitute service (Apr. 2005).

To that effect, the Commission on Human Rights of the United Nations indicates that alternative service can be completed in "educational, cultural, sports, health or social fields or humanitarian activities" and that alternative service is chosen by taking into consideration the degree of education of the applicant and can be completed near his place of residence (UN 16 Feb. 2004, Para. 38(e)). In a newspaper article, the Anti-War Campaign of Croatia indicated that the government had added some NGOs to the list of establishments through which alternative service could be completed (HINA 14 May 2004). The Website of the Ministry of Defence indicates that civilian service is administered by the Ministry of Health and Social Welfare (Croatia n.d.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Center for Direct Protection of Human Rights (DPHR). 26 January 2006. Correspondence received from the president.

Croatia. 4 January 2006a. Embassy of Croatia in Ottawa. Correspondence from a consular officer.
_____. 4 January 2006b. Embassy of Croatia in Washington, DC. Telephone interview with an official.
_____. N.d. Ministry of Defence. "Frequently Asked Questions." <http://www.morh.hr/en/pitanja_en.asp> [Accessed 29 Dec. 2005]

HINA News Agency [Zagreb]. 14 May 2004. "Croatian Conscientious Objectors Happy with List for Alternative Service." (BBC Monitoring/Factiva)

Quaker Council for European Affairs (QCEA). April 2005. "The Right to Conscientious Objection in Europe: A Review of the Current Situation." <http://www.quaker.org/qcea/coreport/croatia.pdf> [Accessed 29 Dec. 2005]

Transitions Online (TOL). 28 January 2005. Zeljka Vujcic. "Army Under Scrutiny." (Factiva)

United Nations (UN). 16 February 2004. Economic and Social Council, Commission on Human Rights. Civil and Political Rights, Including the Question of Conscientious Objection to Military Service – Report of the Office of the High Commissioner for Human Rights. <http://www.unhchr.ch/huridocda/huridoca.nsf/0/7CE2591E478971AEC1256E680037B66A/$File/G0410972.doc?OpenElement> [Accessed 3 Jan. 2006]

Additional Sources Consulted

Oral sources:

The Ministry of Defence of the Republic of Croatia.

Two NGOs did not provide information within the time constraints of this response.

Internet sites, including: Amnesty International, The Centre for SouthEast European Studies (CSEES), Child Rights Information Network (CRIN), Council of Europe (COE), Croatian Armed Forces, Croatian Helsinki Committee (CHC), Croatian Information Documentation Referral Agency (HIDRA), Defense and Foreign Affairs Handbook, European Bureau of Conscientious Objection (EBCO), European Council of Conscripts Organisations (ECCO), European Country of Origin Information Network, European Military Press Association (EMPA), Forum 18, Freedom House, Human Rights Watch, The Organization for Security and Co-operation in Europe (OSCE), United Nations High Commissioner for Human Rights, United States Department of State.