PROCEDURE FOR RETURN OF PERSONS WHO HAVE ABANDONED CROATIA

( Editorial: --> 9947 ) ZAGREB, April 28 (Hina) - The Croatian Government on Monday adopted a new document entitled "Procedure for Individual Return of Persons Who Have Abandoned Croatia". The full text of the new document is outlined as follows: In accordance with the Croatian Constitution, the Croatian Government ensures the procedure for individual return of persons who have voluntarily abandoned the Republic of Croatia, through appropriate regulations, under ratified international agreements and by heeding the principles agreed upon during the Croatian Government's talks with the representatives of USA, EU, Russian Federation and relevant international organisations. In order to create conditions for a comprehensive solution to the issues related to the return, the Croatian Government, inter alia, has revoked the Decree on the Lease of Flats Owned by the Republic of Croatia in the Croatian Danubian Region, passed implementation regulations for the Validation Act (Official Gazette No. 104/97), viz. the Decree on the Implementation of the Validation Act covering the recognition of administrative documents (Official Gazette No. 104/97), the Decree on the Implementation of the Validation Act covering the recognition of judicial documents (Official Gazette No. 104/97), and the Decree on the Implementation of the Validation Act covering the recognition of decisions made in the areas of labour, employment, pension and disability insurance benefits, childrens' allowance, social care for and protection of military and civilian war invalids (Official Gazette No. 104/97). Furthermore, the Croatian Government consistently applies the Amnesty Act (Official Gazette No. 80/96). On 23 April 1998 the Croatian Government presented to the Croatian Parliament its proposed Law cancelling the Law on Temporary Takeover and Administration of Specified Property plus its proposed Law cancelling the Law on the Lease of Flats in Liberated Areas. Finally, the Croatian Government has drafted and the Republic of Croatia signed the Agreement on the Return of Refugees with Bosnia- Herzegovina, the pertinent Protocol with the Federation of Bosnia- Herzegovina and, with the FRY, the Protocol on the Procedure for Organised Return. A bilateral protocol is just being negotiated with Republika Srpska. The persons who abandoned the Republic of Croatia on a voluntary basis and who have or acquire Croatian citizenship through the legally prescribed procedure are entitled, according to the Croatian Constitution (Article 32, para. 2), to individual return to the Republic of Croatia. Croatian citizenship cannot be acquired by a person, who, having participated in the armed rebellion against the Republic of Croatia, has committed a criminal act of the worst kind against the humanitarian law attributable to a war crime (Article 26, para. 2 of the Croatian Citizenship Act - Official Gazette No. 53/91). The return of those willing to return will evolve in accordance with the Programme for Return of and Care for Displaced Persons, Refugees and Resettled Persons to be passed by the Croatian Government, subject to the Croatian Parliament's decisions of 24 April 1998. In this connection the Croatian Government will rely on bilateral agreements and arrangements to be made with the Federal Republic of Yugoslavia, Bosnia-Herzegovina, the Federation of Bosnia-Herzegovina and Republika Srpska. II The return is to be conducted in compliance with the Programme for Return of and Care for Displaced Persons, Refugees and Resettled Persons. The right to return applies to the persons having Croatian citizenship. The persons referred to in section I para. 3, are entitled to return if they file an application and acquire Croatian citizenship. 1. The application for return is made as a recorded statement or in writing through a consular office (embassy or consulate general) of the Republic of Croatia in the State where the applicant is residing. In absence of a consular office the application is to be submitted to the embassy or diplomatic mission of the Republic of Croatia. If the applicant resides in a State where the Republic of Croatia has no embassy or mission, the application for return can be submitted to the diplomatic mission of the Republic of Croatia in another State. 2. When applying for the return to the Republic of Croatia the applicant has to fill required forms, entering facts or indicating evidence needed for consideration of the application. Applications have to be accompanied by the original documents referred to under 2 or 3 above or certified transcripts or photocopies or uncertified photocopies thereof. 3. The application for return must be accompanied by an official document proving Croatian citizenship, viz.: a) certificate of citizenship issued as stipulated in the + Croatian Citizenship Act (Official Gazette Nos. 53/91 and 28/92) b)valid identity card issued as stipulated in the Identity Card + Act (Official Gazette No. 53/91) c) a valid passport issued as stipulated in the Croatians + citizen's Travel Documents Act (Official Gazette No. 53/91). The possession of a valid passport does not require any return procedure for a person who has abandoned the Republic of Croatia as a Croatian citizen. If an application for return is based on an official document which under the current regulations of the Republic of Croatia is considered proof of Croatian citizenship and which is not a valid passport, but another such document (a certificate of citizenship, a valid identity card), the respective diplomatic mission of the Republic of Croatia will issue a travel document to the applicant without delay (valid for a period of 30 days from the day of its issue) intended for the return to the Republic of Croatia, and notify thereon the Ministry of the Interior of the Republic of Croatia. 4. If the applicant has no document which proves Croatian citizenship, the same is to enclose documents to the return application on the basis of which it can be established that he or she meets the requirements for the acquisition of Croatian citizenship. Such documents can be those issued by the authorities of the Republic of Croatia, the former SFRY or bodies which operated on the occupied territory of the Republic of Croatia. For example: - expired personal ID; expired passport or other travel document; certificate of residence; employment book; seaman's book; ship's book; driver's licence; military ID; trade licence or other professional or other activity permit; birth certificate; marriage certificate; school report or other evidence of school attendance; proof of ownership of a house, flat or other property. 5. When the return application is based on a document which does not prove Croatian citizenship but can be used to acquire Croatian citizenship (documents mentioned in point 4 above), the diplomatic mission will immediately submit the application together with enclosures to the Ministry of the Interior of the Republic of Croatia which will conduct the procedure for the acquisition of Croatian citizenship. If the Ministry of the Interior establishes that the application is founded, it will adopt a decision within two, but no later than three months from the date of application, and deliver it to the respective diplomatic mission to issue a travel document to the applicant for the return to the Republic of Croatia. The applicant can initiate a lawsuit against a negative decision of the Ministry of the Interior before the Administrative Court of the Republic of Croatia within 30 days from the service. 6. If the applicant does not have documents which could be the basis for the acquisition of Croatian citizenship and thereby for the acknowledgement of the right to return, the identity of the applicant and the facts necessary for the processing of the application will be established by the Ministry of the Interior by checking the official records kept in the Republic of Croatia and in other appropriate ways (hearing of witnesses etc.) 7. When the application is submitted by a person who does not have a document to prove his or her Croatian citizenship (certificate of citizenship, valid passport, valid personal ID), and his or her spouse is a Croatian citizen with residence in the Republic of Croatia, the applicant may, until acquiring Croatian citizenship, be granted temporary stay by the Ministry of the Interior under the provisions of the Aliens' Movement and Stay Act (Official Gazette No. 53/91). 8. When a person has or acquires the right to return to the Republic of Croatia, the same right is shared by his or her children who are under age, and his or her spouse who, until the acquisition of Croatian citizenship, acquires the right to temporary stay in the Republic of Croatia under the Aliens' Movement and Stay Act. 9. Persons who exercise the right to return to the Republic of Croatia have in regard of the exemption from customs duties the rights provided by the Decision on the Objects Imported, Carried or Received in the Customs area of the Republic of Croatia which are not considered Customs Goods (Official Gazette No. 142/97). 10. Persons who exercise the right to return to the Republic of Croatia will be issued personal documents by competent authorities in a regular procedure in accordance with relevant regulations of the Republic of Croatia. 11. The Government of the Republic of Croatia will propose to the Croatian Parliament to set up a Programme for the Return and Accommodation of Displaced Persons, Refugees and Resettled Persons two days prior to the international conference on the reconstruction and development of the Republic of Croatia at the latest. (hina) lm/mb 281851 MET apr 98