In the years after the end of the Second World War, the international community stood united for a common and overarching goal, despite the competing ideological views of the USA and Soviet Union. This goal was to create an international system of Human Rights protection, and was fuelled by the need to leave behind the brutalities of WW2, which included racial discrimination, multiple war crimes and crimes against humanity, and genocide, as the most tremendous crime committed during the war. 

To preserve peace and prevent such crimes from being committed again, the United Nations was founded in 1945. The newly-founded organization was immediately met with a burning issue: how to frame Human Rights in an acceptable way for States that did not share the same culture, religion, and history. The first answer to this challenge was the drafting of the Universal Declaration of Human Rights (UDHR), adopted in December 1948. It is composed of 30 articles, which outline basic Human Rights principles that every human being enjoys and that are inherent to human existence. The UDHR is considered one of the milestones of international Human Rights law, even though States are not formally obliged to respect its principles and content. 

Yet, Human Rights protection couldn’t be based just on symbolic declarations, and soon after the UDHR was proclaimed by the United Nations General Assembly, a highly-committed group of people within the UN started advocating for the Declaration to be transformed into a legally binding Convention. However, due to the stark ideological contrast between the USA and the USSR, drafting a common text became extremely challenging. Consequently, two separate conventions were elaborated: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), both of which were officially adopted in 1966, and entered into force ten years later, in 1976. 

More than 170 States have ratified the ICCPR, basically formally approving its content and binding themselves to respect it. The structure of this document is quite simple and easy to follow: the first section describes the rights covered by the ICCPR, including the right of self-determination, the right to life, the prohibition of torture and slavery, the right to liberty and security of person and the prohibition of arbitrary arrest or detention, the freedom of movement, the equality of individuals before courts and tribunals, the freedom of thought, conscience and religion, and the freedom of association. Some specific provisions are dedicated to children, stating that all newborns have the right to acquire a nationality and to be protected according to their status as minors. 

The ICCPR is also considered the main international instrument for minority protection, because it was the first document to include an article specifically mentioning minorities and their rights, which reads as follows: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language” (Article 27 ICCPR).

The second section of the ICCPR is mainly centered around the functioning of the Human Rights Committee, a working body in charge of monitoring if countries that have ratified the ICCPR are following its articles, and if they are actively working to ensure that civil and political rights of individuals are respected within their borders. The Human Rights Committee is also crucial because it serves as a bridge between the United Nations and the ratifying countries. Indeed, every country is supposed to submit periodic reports to the Human Rights Committee, presenting detailed information on national legislation and on how the ICCPR is actually put into practice. Reports should also mention any issue and difficulty experienced by countries when applying the ICCPR. 

In compliance with these requests, in 2022 Croatia - which ratified ICCPR in 1992 - submitted its fourth periodic report on the implementation of ICCPR. Following the usual procedure, the Human Rights Committee, after receiving and analysing Croatia’s report, has shared its feedback and recommendations on the current status of ICCPR in the country. The latest concluding observations have been received by Croatia in 2024, and they include both positive aspects and elements of concern. Among various things, the Human Rights Committee has prized the adoption of several legislative measures which are meant to improve the overall level of Human Rights protection in Croatia, such as the National Plan for protecting and promoting Human Rights and combating discrimination for 2023-2027 (Nacionalni plan zaštite i promicanja ljudskih prava i suzbijanja diskriminacije za razdoblje do 2027. godine) and the National plan for the inclusion of Roma for 2021-2027 (Nacionalnog plana za uključivanje Roma 2021-2027). However, the Committee has also identified several points that need substantial improvement, ranging from establishing a national mechanism to ensure that recommendations are actually implemented, to fighting corruption and preventing corruption-related behaviors that may hamper Human Rights protection.

The latest recommendations also include several thematic focuses, some of which are particularly relevant for minorities in general, and even more for Roma: accountability for Human Rights violations; discrimination of Roma; hate speech and hate crimes; participation in public affairs; and minority rights protection. The first thematic area deals with Croatia’s difficulties in investigating and prosecuting the war crimes that were committed during the 1991-95 conflict. Additionally, such problems also make it hard for individuals to receive the status of victims, and are often linked to ethnic bias and discrimination.

The question of discrimination is related mainly to the exclusion of Roma from the social, political and economic life of Croatia. Roma people often face actual segregation in many different contexts: pupils in schools, families who are often confined to informal settlements with poor living conditions, and few job opportunities.

Concerning hate speech and hate crimes, the Human Rights Committee has emphasized that Roma and Serb minorities are among the most frequently targeted groups. For these reasons, the government of Croatia should investigate and prosecute episodes of hate crime and hate speech, especially when politicians and public figures commit them. Additionally, it would be advisable to create systematic campaigns to promote respect for diversity among the population.

The lack of representation of ethnic minorities in public administration, judiciary system, and decision-making positions is also of strong concern for the Human Rights Committee. Their underrepresentation is in full contrast with the Constitutional Act on the Rights of National Minorities adopted by Croatia in 2002. Indeed, according to this provision, members of national minorities should be granted an adequate level of representation in different State-related positions; yet, this right is rarely enjoyed fully by minorities.

Lastly, the wider issue of minority rights protection resurfaces again in the Human Rights Committee’s concluding observations, particularly regarding the right of minorities to use their own languages. This concern is also partially linked with diminishing numbers of minority members in Croatia, a phenomenon that is not met with a proportionate change of the legal thresholds that allow these groups to use their language and script in public administration.

In conclusion, even though it is undeniable that Croatia has made huge improvements since it ratified the ICCPR 23 years ago, present-day politicians and authorities cannot ignore that minorities, and especially Roma, are still in a disadvantaged position compared to non-minority members, and that strong interventions must come from their side to ensure that Human Rights are actually respected.