In relation to your NV No: YB/GN/TT dated 10April 2017, and in order to provide information regarding steps taken by States to combat intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief, the Croatian authorities wish to inform of the following:
All persons in the Republic of Croatia shall enjoy their rights and freedoms, regardless of their religion. When it comes to religious communities, they shall be equal before the law and clearly separate from the state. Any call for or incitement to religious hatred, or any form of intolerance shall be prohibited and punishable by law. Freedom of conscience and religion and the freedom to demonstrate religious or other convictions shall be guaranteed. All religious communities shall be equal before the law and clearly separate from the state. Religious communities shall be free, in compliance with law, to publicly conduct religious services, open schools, academies or other institutions, and welfare and charitable organizations and to manage them, and they shall enjoy the protection and assistance of the state in their activities. These are the constitutional categories that provide a legal frame for the protection of individuals and religious communities from discrimination based on religion or belief in Croatia (The Constitution of the Republic of Croatia-National Gazette, No 56/90, 135/97, 8/98,113/00, 124/00, 28/01, 41/01, 55/01, 76/10, 85/10, 05/14). Discrimination on the base of religion is also forbidden by the Antidiscrimination Act (National Gazette, No 85/08,112/12).
Most destructive forms of discrimination are criminalized though the Croatian Criminal Code (National Gazette, No 125/11,144/12,56/15,61/15). Art 87 par 21 of the Criminal Code defines hate crime as a criminal offence committed on the account of a person's race, colour, religion, national or ethnic origin, disability, sex, sexual orientation or gender identity. Unless a more severe penalty is explicitly prescribed by this act, such conduct shall be taken as an aggravating circumstance.
Public incitement to violence and hatred (hate speech) is criminalized in Art325 of the Criminal Code, which is committed by anyone who in print, through radio, television, computer system or network, at a public rally or in some other way publicly incites to or makes available to the public tracts, pictures or other material instigating violence or hatred directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent, colour, sex, sexual orientation, gender identity, disability or any other characteristics. A perpetrator of this offence shall be sentenced to imprisonment for a term of up to three years.
The second paragraph of the same article prescribes the sanction of imprisonment up to 3 years for anyone who publicly approves of, denies or grossly trivialize crimes of genocide, crimes of aggression, crimes against humanity or war crimes, directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent or colour in a manner likely to incite to violence or hatred against such a group or a member of such a group.
Over the years, Croatia has a trend of low number of reports on religious discrimination. In 2016 there were 31 cases reported to the Ombudswoman’s Office and 1 case reported to the Ombudswoman for children. Generally speaking, reported incidents can be divided into cases of discrimination towards particular individuals and cases concerning discrimination which comes as a result of administration. The most notable reported cases are different taxation treatment of smaller religious communities when it comes to the immovable property transfer, different legal status and corresponding rights between religious communities on the one side and on the other side religious associations (which are entities with less than five hundred members), than exercising religious practice in schools, demanding baptism certificate from candidates by an employer and discrimination towards certain religious communities concerning their competence to provide marriage conclusion with civil legal effects and their competence to provide religious teaching (i.e. catechism) in public kindergartens and schools.
The last of mentioned cases of discrimination was even a matter of the process before the European Court of Human Rights who found it to be a breach of the European Convention on Human Rights and led to a conclusion of an agreement between the Government of the Republic of Croatia and several religious communities that set the matters of mutual interests.
Regardless of growing negative trend of Islamophobia in Europe and wider, the position of the members of Islamic religious community is not affected due to its 100 years long tradition in Croatia which was celebrated in April of 2016 on the highest political level.
Nevertheless, reported cases of religious discrimination indicate that Croatia needs to put more efforts into finding a balance between exercising a religious practice in public and respecting the rights of members of different religions at the same time, as well as to raise the level of understanding towards custom and special requirements by the members of religious communities that do not have a long tradition in Croatia.
The police have registered 4 criminal offences motivated by hate based on religion or beliefs in 2016, and 3 in 2015. Two of the criminal offences registered in 2016 were “Threats” under Art 139 of Croatian Criminal Code committed to the detriment of persons of Islamic religion, and the other two were “Malicious Mischief” under Art 235 of Croatian Criminal Code committed to the detriment of persons of Jewish religion. The perpetrators of the above-mentioned criminal offences were identified and prosecuted.
The General Police Directorate of the Ministry of the Interior, in cooperation with other competent state institutions, local and regional self-government bodies, university and scientific community, religious communities, sports organizations, clubs and associations, relevant civil society organizations, media, educational institutions, athletes, musicians, artists and other prominent members of the community began implementing the prevention program "Together Against Hate Speech" in 2017.
The aim of the Project is to promote the culture of tolerance and non-violence and to prevent all forms of hate speech as a socially unacceptable form of behaviour and ultimately to prevent crime motivated by various forms of hatred.
The project is being implemented through two components:
1. Component: "Say no to hate speech” - in this component famous persons from public, social, political, cultural and sport life, representatives of religious communities, civil society organizations, fan clubs, professional organizations, representatives of national minorities and other prominent members of the community send out short and clear messages directed against hate speech from the perspective of their institutions. These messages are recorded and published on the MUP YOUTUBE channel and on the WEB site of the project.
2. Component - An open-air public event is organized for primary/ high school/ university students, young people and the general public, during which young people send messages against hate speech to the general public.
3. Website “Hate speech – NO” - a special website will be created to promote prevention of hate speech on the Internet and social networks.
On the national level, project activities will be organized on topics of prevention of hate speech at sports competitions, hate speech against national minorities, hate speech against religious communities, hate speech against members of the Roma community, hate speech against LGBTQ people and hate speech on the internet and social networks. At the regional level, a minimum of one prevention activity in each county will be organized, depending on the issues that are present in the particular area and that could generate hate speech.
Moreover, aiming at educating and sensitizing police officers on crimes related to various types of discrimination, intolerance, negative stereotyping, stigmatization, encouraging violence and violence, the Police Academy of the Ministry of the Interior has incorporated these topics in all police training programs, and has been implementing them constantly.
The Croatian Anti-Discrimination Act guarantees the protection and promotion of equality as the one of the highest values of the constitutional order of the Republic of Croatia. It also contains specific provisions which ensure protection against discrimination. Article 1, paragraph 1 prescribes 17 discriminatory grounds: race or ethnicity or colour of skin, sex, language, religion, political or other belief, national or social origin, property status, union membership, education, social status, marital or family status, age, health, disability, genetic heritage, gender identity and expression, sexual orientation.
Furthermore, the prohibition of various forms of intolerance is also regulated by the criminal law. Thus we point out that Art 87 of the Criminal Code (hereinafter: CC) defines hate crime as a criminal offense committed on account of a person's race, colour, religion, national or ethnic origin, disability, gender, sexual orientation or gender identity. The CC defines the commitment of a hate crime as a qualifying circumstance in some criminal offenses with more severe sanctions (for example, in the offense of severe bodily injury, aggravated assault, female genital mutilation, coercions, threats, etc.). In other cases, the circumstance that a criminal offense is committed with hatred should be taken as an aggravating circumstance. The reason for severe punishment is a discriminatory motive that manifests in violence against a member of a particular group, which can have serious social consequences (escalation of violence towards a particular group, emigration of group members, etc.).
Less severe forms of unlawful and offensive behaviour in this context are punishable according to the Act on Public Order and Peace Offenses, which in Article 5 prescribes sanctions for the interference with public order and peace by performing, reproducing songs, compositions and texts or by wearing or affixing symbols, pictures, drawings in a public place. Also, less severe forms of such behaviour are punishable by the Act on the prevention of disorder at sports competitions, which Article 4 Paragraph 1 subparagraph 7 prescribes as unlawful conduct singing of songs or tossing of messages whose content expresses or encourages hatred or violence on the basis of racial, national, regional or religious affiliation. The more severe forms of unlawful conduct in this context are sanctioned according to Article 325 of the CC (public incitement to violence and hatred), as well as through other criminal offenses which contain a reference to hatred as a constituent element of the perpetration of the offence.
Article 125 of the CC prescribes”Violation of Equality” as an independent criminal offense. It defines that whoever, on the basis of race, ethnic affiliation, skin colour, gender, language, religion, political and other convictions, national or social origin, property, birth, education, social status, marital or family status, age, state of health, disability, genetic inheritance, gender identity, expression, sexual orientation or other characteristics, denies another the right to acquire goods or receive services, the right to carry out an activity, the right to employment and promotion, or limits these rights or makes them subject to any of the above characteristics, or whoever on the basis of any such characteristic or affiliation gives another privileges or advantages shall be sentenced to imprisonment for a term of up to three years.
Article 325 of the CC incriminates public incitement to violence and hatred. Paragraph 1of the said Article prescribes that this offence might be committed when whoever in print, through radio, television, computer system or network, at a public rally or in some other way, publicly incites to or makes available to the public tracts, pictures or other material instigating violence or hatred directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, descent, colour, gender, sexual orientation, gender identity, disability or any other characteristics. Paragraphs 2 and 3 of Article 325 of the CC provide sanctions for organizing or conducting a group, or participating in an association that incites violence and hatred, all with an aim to commit a criminal offense of public incitement to violence and hatred. A sentence of imprisonment of six months to five years (organizing or conducting a group) or up to one year (participation in an association) is prescribed as a criminal sanction. For the criminal offense referred to in paragraph 4 of Article 325 of the CC (approval, encouragement, and significant reduction of a criminal offense of genocide, crime of aggression, crimes against humanity or war crime in a way that encourages hatred against certain groups), a criminal sanction of three years of imprisonment is prescribed. Also, Art 325, paragraph 5 of the CC prescribes a sanction for attempting the criminal offense referred to in paragraph 1 and 4.
Art 130 of the CC incriminatesviolation of the freedom of religion in a way that whoever denies or limits the freedom of conscience and religion, the freedom to publicly profess one's religion or other belief shall be sentenced to imprisonment for a term of up to one year. The sentence referred to in paragraph 1 of Article 130 shall be imposed on whoever denies a religious community which operates in accordance with the law the right to equality with other religious communities in the Republic of Croatia or denies it the rights to publicly hold religious services, found and run schools, learning institutions, institutes, social or charitable institutions or limits these rights.
Less severe forms of unlawful and offensive behaviour in this context are punishable according to the Act on Public Order and Peace Offenses, which in Art 5 prescribes sanctions for the interference with public order and peace by performing, reproducing songs, compositions and texts or by wearing or affixing symbols, pictures, drawings in a public place. Also, less severe forms of such behaviour are punishable by the Act on the prevention of disorder at sports competitions, which Article 4 Paragraph 1 subparagraph 7 prescribes as unlawful conduct singing of songs or tossing of messages whose content expresses or encourages hatred or violence on the basis of racial, national, regional or religious affiliation.