STATEMENT BY ARTICLE 11 COMMISSION

( Editorial: --> 8376 ) ZAGREB, March 9 (Hina) - Members of the Article 11 Commission visited the Knin area on Monday, in accordance with their mandate of supervising the implementation of the Erdut Agreement. The purpose of the visit was to assess the rate of return of people of Serbian nationality from the Croatian Danube River region and the return of refugees from abroad. Commission members met Sibenik-Knin County Prefect Ivan Baica, Knin Mayor Josip Odak and members of the trust establishment committee for the Knin area. They also visited the village of Kistanje. In a statement, released on Monday evening, the Commission expressed satisfaction with the fact that the "Croatian Government was concerned with the slowing down of the process of organised return and the higher incidence of spontaneous returns in the past six months". Echoing the UN Security Council Presidential Statement of 6 March, the Commission again called on the Croatian Government to continue the process of return and to initiate open consultations with the international community concerning any measures which might affect the return, before actually announcing and implementing such measures. In this light, the Commission welcomed the vouched commitment of the Croatian Government to repeal any discriminatory property laws, including the Law on the Temporary Takeover of Certain Property, to clarify the implementation of the laws on amnesty and on law adjustment, as well as its commitment to secure the speedy return of all remaining Serbian refugees in eastern Slavonia who wish to return. Similarly, it was expected from the Croatian Government to fulfill its obligation to clarify the procedures for obtaining citizenship documents by 15 March and to draw up a plan for the nationwide return of refugees by 30 March. The Commission welcomed the efforts of the Croatian Government to ensure the full compliance of local officials with the provisions of the Erdut and Dayton Agreements. The Commission further said that its visit has "clearly shown that the Croatian Government must do much more to speed up the return process. It must take steps to remove various obstacles which slow down or impede the return." In this regard, the Commission made several recommendations. The Commission praised the Croatian Government for the progress which it has achieved in reconstruction in that area. The Commission, however, notes with concern that Croats are nearly always the ones to profit from that progress, and calls on the Government to give first priority to equalising the reconstruction program, which would take into account the needs of citizens of all nationalities. In regards to ownership rights, the Commission emphasises that administrative procedures for people requesting the return of their property should be effective, understandable and non- discriminatory. Local housing committees and local officials should seek creative solutions and actively mediate between the current tenants and returnee owners, aiming for a speedy and just resolution of such cases. The Croatian Government must take decisive action against those local officials who create obstacles for lawful owners who demand the return of their empty homes, which are in a liveable condition. The Commission further expresses concern because of the fact that a great number of returnees cannot obtain "returnee" status and the government aid and privileges which go with it. It calls on the Croatian Government to correct, simplify and speed up procedures for granting that status. The Commission's assessment is that the National Trust Establishment Committee is not progressing with its mission throughout Croatia quickly enough. The Croatian Government should ensure that committees be established immediately in formerly occupied counties, cities and municipalities, which would promote reconciliation and tolerance. Even though it recognises the improvement of police work in the Knin area, the Commission considers that the police should do more to gain the trust of the local population. The Commission therefore asks the Croatian Government to direct economic revitalisation efforts toward all formerly occupied territories, not only in the Croatian Danube River region, stressing that employers and government departments need to increase their efforts to promote non-discriminatory employment policies. Noting that certain categories of returnees do not have full access to social security (health insurance, registration with employment bureaus, pensions) in the framework of the current legislation, the Commission believes that the Croatian Government should ensure that the law provides access to social security for all Croatian citizens. "Croat immigrants from Bosnia-Herzegovina: this is the biggest factor which threatens the process of return/reconciliation," the statement said. The Commission condemned the practice of encouraging Croatian refugees who currently reside in other countries to move into abandoned houses in Croatia. The Croatian Government should seek a long-term solution for Bosnian Croats who are currently accommodated in Serb houses. Expressing sympathies for the situation of Kosovo settlers, the Commission called on the Croatian Government to ensure that the temporary and permanent resolution of their housing problems is not contrary to the right of original owners to demand the return of their property. (hina) as mrb 092305 MET mar 98