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IPA 2009 CROATIA PROJECT FICHE
HR2009-01-36-02
1. Basic information
1.1 CRIS Number:IPA/2009/21661
1.2 Title: Establishing a comprehensive system for anti-discrimination protection
1.3 ELARG Statistical code: 01.36. – Political criteria
1.4 Location: Republic of Croatia
Implementing arrangements:
1.5 Implementing Agency:
Central Finance and Contracting Agency
The Programme Authorising Officer (PAO) for the project is:
Ms Marija Tufekčić, Director
Ulica Grada Vukovara 284
10 000 Zagreb, Croatia
Telephone: +385 (01) 4591 245
Fax: + 385 (01) 4591 075
e-mail: [email protected]
1.6 Beneficiary (including details of SPO):
Office for Human Rights of the Government of the Republic of Croatia
Senior Programme Officer (SPO):
Mr Luka Mađerić, Head of the Office
Trg maršala Tita 8/I
10 000 Zagreb, Croatia
Telephone: +3851 4877 660
Fax: +3851 4813 430
E-mail: [email protected]
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Office of the Ombudsman
Senior Programme Officer (SPO):
Mr. Jurica Malčić, Ombudsman
Opatička 4
10 000 Zagreb, Croatia
Telephone: +3851 4851 855
Fax: +3851 6303 014
E-mail: [email protected]
Financing:
1.7 Overall cost (VAT excluded)1: EUR 800 000
1.8 EU contribution: EUR 738 000
1.9 Final date for contracting: 2 years following the date of conclusion of the Financing Agreement
1.10 Final date for execution of contracts: 2 years following the date of contracting
1.11 Final date for disbursements: 3 years following the date of contracting
2. Overall Objective and Project Purpose
2.1 Overall Objective:
This Twinning supports the establishment of an efficient and effective system for combating discrimination; thus raising the level of protection against discrimination in the Republic of Croatia in order to meet EU standards.
2.2 Project purpose:
The primary purpose of this project is to strengthen the capacity of the office of the Ombudsman as the central body responsible for combating discrimination and of the Office of Human Rights as a state body most directly involved in the suppression of discrimination.
Furthermore, the aim of the Project is to develop an efficient system for
1 The total cost of the project should be net of VAT and/or other taxes. Should this not be the case, the amount
of VAT and the reasons why it should be considered eligible should be clearly indicated (see Section 7.6)
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statistical monitoring of the reported and prosecuted cases of discrimination.
Finally, the Project is to elaborate a comprehensive system of assistance to the victims of discriminatory practices.
2.3 Link with AP/NPAA / EP/ SAA
ACCESION PARTNERSHIP:
Among the key priorities (Part 3 Priorities) in Accession Partnership is to “Tackle discrimination more widely in the public sector“.
Among the Political Criteria in the field of Human rights and the protection of minorities, area which is particularly relevant for Chapter 23 Judiciary and Fundamental Rights there is an emphasis on „encouraging a spirit of tolerance vis-à-vis the Serb and Roma minorities and take measures to protect persons belonging to minorities who may be subject to threats or acts of discrimination, hostility or violence.“, as well as on adopting and implementing a comprehensive antidiscrimination strategy.
CROATIA PROGRESS REPORT 2008: According to the Progress Report for Croatia for 2008, among the political criteria, it is stated that there has been signifying important progress in the field of protection against discrimination. Adoption of the Antidiscrimination Act represents further aligning with the acquis but according to the Progress report problems in the implementation of antidiscrimination legislation still exist. Progress report points out that “anti-discrimination legislation has generally not been applied vigorously. To date there has only been one criminal conviction for hate crime. There has been no conviction for the initiation of racial and other hatred. There has been limited reaction of the authorities to various expressions of an extreme nationalist character which could be considered as incitement to national and religious hatred. There are no statistics on judicial cases to track the nature and extent of discrimination. Support to the victims of discrimination is marginal. The level of protection against discrimination in practice and its judicial prosecution is not in line with EU standards.” The Progress report in this field concludes that “(…) legal protection for economic and social rights is partially guaranteed. Implementation of women's and children's rights and protection against all forms of discrimination needs to be further improved in practice. “ Regarding Chapter 19 Employment and Social Policy it is stated that progress in the field of antidiscrimination has been made but discrimination persist within social structures and there are no relevant statistical data concerning cases of discrimination. More precisely The Progress Report points out that „There has been good progress in the field of anti-discrimination. An anti-discrimination act was adopted in July 2008 aimed at completing legal alignment in this field. This is a key element for the accession negotiations on this chapter. A National Programme for the Protection and Promotion of Human Rights 2008–2011 was adopted in November 2007, and the National Plan to Combat Discrimination in September 2008. However, the level of protection against discrimination in practice and its judicial prosecution is still not in
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line with EU standards. Vulnerable groups and ethnic minorities, particularly the Serb and the Roma minorities, continue to face significant discrimination in economic and social life. The Ombudsman’s office has not yet been transformed into an independent Equality Body. The limited statistics currently available do not allow monitoring of discrimination on different grounds, as required by the acquis. Preparations in this field are on track. It is of relevance that the Progress Report states that “The Ombudsman’s office has not yet been transformed into an independent Equality Body.”, thereby adequately noting the new role of the Office of the Ombudsman and the need for further capacity building of this independent body which has kept its prior ombudsman role, but was additionally given new powers by the Anti-discrimination Act. Adoption of the Antidiscrimination Act is mentioned as important progress in Chapter 23. Judiciary and fundamental rights as well. But it is also stated that „the level of protection against discrimination in practice and its judicial prosecution is not yet in line with EU standards. The functioning of the police and institutions of the health and social system displayed certain weaknesses. “
2.4 Link with MIPD
Strategic choices for IPA assistance for the period 2008-2010 among the Political criteria in the field of Human Rights will be “(…) focusing among other on taking measures to protect persons belonging to minorities including the Roma, improving access to justice and prison conditions, enhancing freedom of expression, guaranteeing the protection of women's and children's rights, adopting and implementing a comprehensive anti discrimination strategy, as well as fostering related local community development also with a view to facilitate refugee return, and the reconciliation among communities.“
2.5 Link with National Development Plan (where applicable)
Not applicable
2.6 Link with national/ sectoral investment plans (where applicable):
Not applicable
3. Description of project
3.1 Background and justification:
Discrimination represents one of the major violations of human rights principles. In accordance with that, antidiscrimination policy should be implemented and protection against discrimination should be secured. Major step in regulating discriminatory behavior is protection against discrimination by law but there are numerous other steps that had to be undertaken for establishing a comprehensive system to fight discrimination.
Activities in the field of combating discrimination undertaken in Croatia have been very limited by now. Although provisions banning discrimination are included in
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Croatian legislation (e.g. the Criminal Code, the Labour Act) a comprehensive system for the protection of the victims of discrimination has yet to be established.
The Republic of Croatia has enacted the Antidiscrimination Act which entered into force January 1st 2009. With this Act Croatian antidiscrimination legislation has been aligned with the acquis in the field of equal opportunity, more precisely with Council’s Directive 2000/43/EZ implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Council’s Directive 2000/78/EZ establishing a general framework for equal treatment in employment and occupation.
The central national body responsible for the implementation of the Antidiscrimination Act is Ombudsman’s Office whose representative participated in the working group drafting the Antidiscrimination Act. According to the article 12 of the Act, the Office shall:
1. receive reports of all the natural and legal persons referred to in Article 10 of this Act;
2. provide necessary information to natural and legal persons that have filed a complaint on account of discrimination with regard to their rights and obligations and to possibilities of court and other protection;
3. if the court proceedings have not yet been initiated, examine individual reports and take actions falling within his/her competence required for elimination of discrimination and protection of rights of discriminated persons;
4. warn the public about the occurrence of discrimination;
5. with the parties’ consent, conduct mediation with a possibility of reaching an out-of-court settlement;
6. file criminal charges related to discrimination cases to the competent state attorney’s office;
7. collect and analyze statistical data on discrimination cases,
8. inform the Croatian Parliament on the occurrence of discrimination in his/her annual and, when required, extraordinary reports;
9. conduct surveys concerning discrimination, give opinions and recommendations, and suggest appropriate legal and strategic solutions to the Government of the Republic of Croatia.
All state bodies, bodies of local and regional self-government units, legal persons vested with public authority, all legal and natural persons are obliged to report a reasonable suspicion of discrimination to the Ombudsman or a special ombudsman. The consent of the person who is allegedly a victim of discrimination is necessary.
The Office of the Ombudsman also has the duty to monitor records and statistical data on court’s and special ombudsmen’s cases related to discrimination.
Office for Human Rights of the Government of the Republic of Croatia is a state body which participated actively in drafting the Anti-discrimination Act and coordinated its drafting. Its main activities are directed toward the protection and promotion of human
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rights which includes anti-discrimination protection and promotion of equal treatment as well.
For the genuine implementation of the above mentioned Act, several activities have to be undertaken. Among others, education of civil servants and other stakeholders but also the partners foreseen by article 15 of Act2, as potential institutions obliged by Law, about the unacceptability of all forms of discrimination and education about the provisions of the Anti-discrimination Act. This has to be undertaken in order to assure implementation of the Law and to prevent potential discrimination on all levels, but also since according to the Act all of the state bodies have to report suspicion of discrimination to the Ombudsman, so adequate recognition of discriminatory practices by state bodies is crucial. The Office of the Ombudsman itself is in need of training regarding its new powers, namely of conducting mediation in discrimination cases, as well as of particularities regarding discrimination complaints handling. Having in mind the mandate of the Ombudsman to participate in the antidiscrimination case as intervenor, the education in this field is necessary as well.
Furthermore, statistical data plays an important role in shaping antidiscrimination policies and are used as evidence in courts in anti-discrimination cases, however at the moment it is not clear whether all relevant statistical data is being collected.
A relevant part of securing the collection of all relevant statistical data is to secure a system (hardware and software) for monitoring and documenting of cases (complaints) of discrimination which are submitted to the Office of the Ombudsman as the Central equality body, as well as to other three ombuds (Ombud for disability, Ombud for gender equality and Ombud for children). A system for monitoring and documenting court cases of discrimination that enables insight by the Central equality body and all relevant actors should be established.
Finally, it is necessary to elaborate a system of assistance and help for the victims of discrimination. This includes a toll free telephone line where citizens can receive information and assistance. Additionally as the Office of the Ombudsman only has an office in Zagreb, the concrete assistance should be made available to citizens outside the capital by organizing visits to all parts of the state territory on a regular basis, therefore decentralizing assistance and help available to the victims of discrimination.
One part of the project will be procurement, delivery and installation of the equipment for implementation of statistical monitoring system. The software is necessary for establishing a functional system for evidencing cases of discrimination. Informational
2 To be more efficient, both in implementation of the Antidiscrimination Act and in building of comprehensive system of suppression of discrimination, the Ombudsman must consult social partners and civil society organisations dealing with the protection and promotion of human rights, organisations dealing with the protection of groups exposed to a high risk of discrimination, churches and religious organisations and the National Minorities Council When drawing up regular reports, opinions and recommendations on the occurrence of discrimination. In order to fill the above mentioned obligation (In article 15 of the Antidiscrimination Act is stated: “When drawing up regular reports, opinions and recommendations on the occurrence of discrimination, the Ombudsman shall consult social partners and civil society organisations dealing with the protection and promotion of human rights, organisations dealing with the protection of groups exposed to a high risk of discrimination, churches and religious organisations entered in the Register of Religious Congregations of the Republic of Croatia on the basis of the Act on the Legal Position of Religious Congregations, and the National Minorities Council.”) the Ombudsman must find the best practice of communication with the partners prescribed by the Act.
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equipment is also necessary for efficient work of the employees from the Office for Human Rights and Office of the Ombudsman, especially because of the new duties and obligations in the field of combating discrimination of the Office of the Ombudsman and intensification of the work in the field of anti-discrimination protection of the Office for Human Rights. It is also crucial to procure equipment which will be used during the trainings and which will enable employees of the aforementioned bodies to work on the project while they are in the field as well. The equipment is necessary for the work of both offices because during their work on the part of the proposed project which consists of statistical data collection and analyses as well as during drafting regular and special reports regarding discrimination occurrence the employees will have to have access to all relevant new information in the field of fight against discrimination. The equipment stated in the market study analyses represents minimal equipment necessary for successful data exchange and for coordination of project activities between the employees of the Office for Human Rights and the Office of the Ombudsman while working in the field of protection against discrimination.
This project is envisaged to be complementary to the awareness raising about the problem of discrimination initiated through the Community program - PROGRESS which started in 2009. Namely, Office for Human Rights of the Government of the Republic of Croatia, in partnership with the Office of the Ombudsman as well as the Centre for Peace Studies, an NGO, has received funds from the European Commission for the implementation of the project under the title “Supporting the implementation of the Anti-discrimination Act”. That project consists of awareness raising and basic training of representatives of the equality body, judges, attorneys, the state attorney’s office, police, state administration officials and NGOs about the provisions of domestic and European legislation concerning combating discrimination. The second part of the project refers to a wide public campaign aimed at increasing awareness of all citizens about discrimination.
It has to be emphasized that there will be no overlapping between trainings and activities implemented through the project “Supporting the implementation of the Anti-discrimination Act” and proposed project “Establishing a comprehensive system for anti-discrimination protection”. While the Progress project “Supporting the implementation of the Anti-discrimination Act” is focused on nationwide awareness raising activities and basic training of all key actors in the fight against discrimination this project will be complimentary as it will continue on a deeper level the education of relevant bodies and other key actors (that according to Article 15 of the Antidiscrimination Act the Office of the Ombudsman is obliged to cooperate with) about the provisions of the Antidiscrimination act, about how to recognize victim of discrimination and strategies in anti-discrimination protection. However, this project will be particularly concerned with establishing a comprehensive and efficient system for protection from discrimination by developing the capabilities of relevant bodies and other key actors to implement the provisions of the Anti-discrimination Act. Finally, integral parts of this project are establishing a data collection system and a system for assisting to the victims of discrimination, activities which have not been undertaken in the Republic of Croatia by now.
3.2 Assessment of project impact, catalytic effect, sustainability and cross border impact (where applicable):
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The project will have a crucial role in establishing and implementing a comprehensive system for combating discrimination. To achieve the set goal it is important to conduct the training of relevant stake holders, namely civil servants but also other actors listed in Article 15 of Act, such as social partners, NGO representatives, churches and religious organizations. The training would include learning about the relevant provisions of Community Law and public international law in the field of discrimination, and provisions of the Croatian Antidiscrimination Act, as well as the interaction between them, about the responsibilities of the Ombudsman’s office in this field and towards tackling the problem of discrimination on the whole. This project will also enable the identification of the current situation regarding relevant equality data collection. It will enable the development of a comprehensive statistical data collection system. This data in necessary for the creation of effective policies in the area of discrimination, including policies aimed at improving the position of the most vulnerable social groups. The project will enable statistical monitoring of cases of discrimination, received both by the Central equality body, the specialized ombuds, as well as court cases, thus bring about more efficient protection from discrimination.
Since the project will create a system for statistical monitoring of cases of discrimination and result in the publication of handbooks on how to monitor and deal with cases of discrimination, it will be of use in the future. Organizing regional visits by the Office of the Ombudsman will have the effect of reaching a wider group of potential victims of discrimination.
3.3 Results and measurable indicators:
Result 1: The establishment of an effective system for implementation of anti-discrimination legislation in force.
Measurable indicators for Result 1:
- Training needs analysis for training of civil servants and other stakeholders carried out
- Training programme for training of civil servants and other stakeholders developed
- Minimum of 200 civil servants and other stakeholders trained
- Training programme for the Central equality body on mediation developed
- Training programme for the Central equality body on the discrimination complaints handling developed
- Training programme for the Central Equality body, special ombuds, social partners and NGO representatives on intervenor and on joint legal action developed
-Minimum of 30 advisors to the Ombudsman and specialized ombuds trained on mediation
- Minimum of 30 advisors to the Ombudsman and specialized ombuds trained on discrimination complaints handling
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- Minimum of 30 advisors to the Ombudsman, specilalized ombuds, social partners and NGO representatives trained on intervenor and on joint legal action
- Guidelines prepared on how to deal with claims of discrimination (500 brochures published)
Result 2: Creation of an easily accessible system of statistical monitoring and documenting of the cases of discrimination
Measurable indicators:
- Analysis of current relevant equality data statistical monitoring in Croatia prepared
-Analysis of regulations regarding protection of sensitive personal data in relation to collection of equality data prepared
- Software for complaints/cases of discrimination received by the Office of the Ombudsman and specialized ombuds
-Software for statistical monitoring of court cases of discrimination prepared
- Software for statistical monitoring of relevant equality data formed.
- Minimum of 30 state officials in charge of taking record of data educated in use of the software.
- Handbook on monitoring discrimination and collecting statistical data developed
Result 3: Creation of a comprehensive system of assistance to the victims of discrimination established
Measurable indicators:
– Info line founded
- Guidelines prepared on how to detect/recognise discrimination and how to assist victims.
- 1000 copies of Guidelines on how to detect/recognise discrimination and how to assist victims published
-Visits to all regions of Croatia by the Office of the Ombudsman organized
3.4. Activities
Activities related to result 1 – twinning contract:
Activity 1.0 Kick off meeting
Activity 1.1 Analyses of training needs and development of a training programme
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Activity 1.2 Development of Training modules for staff from involved national institutions
Activity 1.3 Training of civil servants involved in the implementation of the Act: Judges, public attorneys, relevant state administrators, members of county human rights coordinating bodies, members of police enforcement.
Activity 1.4 Development of Training modules for staff from the Central equality body and specialized ombuds on mediation
Activity 1.5 Training of staff from the Central equality body and specialized ombuds on mediation
Activity 1.6 Development of Training modules for staff from the Central equality body and specialized ombuds on discrimination complaints handling
Activity 1.7 Training of staff from the Central equality body and specialized ombuds on discrimination complaints handling
Activity 1.8 Development of Training modules for staff from Central equality body, specialized ombuds, social partners and NGO representatives on intervenor role and on joint legal action
Activity 1.9 Training of staff from the Central equality body, specialized ombuds, social partners and NGO representatives on intervenor role and on joint legal action
Activity 1.9.1 Drafting and publishing of guidelines on how to deal with claims of discrimination.
Activities related to result 2 – twinning contract:
Activity 2.1 Analysis of the existing system for statistical motoring in Croatia
Activity 2.2 Analysis of regulations regarding protection of sensitive personal data in relation to collection of equality data prepared
Activity 2.3 Establishing a system for collecting statistical equality data in all relevant institutions - creating a software which will enable efficient equality data collection.
Activity 2.4 Establishing a system for relevant collecting data on complaints of discrimination - creating a software which will enable efficient data collection.
Activity 2.5 Establishing a system for relevant collecting data on court cases of discrimination - creating a software which will enable efficient data collection.
Activity 2.6 Training of state officials who will be in charge of collecting statistical data on cases of discrimination
Activity 2.7 Publishing a Handbook for institutions on how to monitor discrimination and collect statistical data about cases of discrimination.
Activities related to result 2 – supply contract: Activity 2.8 Procurement, delivery and installation of equipment for implementation of statistical monitoring system
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Activities related to result 3 – twinning contract:
Activity 3.1 Establishment of the info line for advice and assistance to the victims of discrimination
Activity 3.2 Drafting of guidelines for institutions on how to detect cases of discrimination and how to assist the victims.
Activity 3.3 Organizing visits to all regions of Croatia by the Office of the Ombudsman
Activity 3.4 Final meeting
3.5 Conditionality and sequencing:
Project implemented through twinning require full commitment and involvement of the Office for Human Rights and the Ombudsman’s Office. The Ombudsman’s Office commits itself to provide adequate staff and support to the twinning partner as well as to introduce the institutional changes identified as necessary for successful prevention and fight against discrimination. During the work on the project, access of the twinning partners to all necessary management levels will be ensured.
The Twinning can be tendered immediately; it is not dependent on any other project components.
Supply Contract to be tendered as soon as possible in order to have equipment procured and installed before the twinning workshops begin.
The necessary preconditions for the implementation of all project activities are already fulfilled since the Anti-discrimination Act entered into force and the central body responsible for suppression of discrimination is established.
3.6 Linked activities Project CARDS 2004 “Combating Trafficking in Human Beings” conducted by the Office for Human Rights of the Government of the Republic of Croatia completed successfully in 2008.
The purpose of the project was to contribute to a more efficient prevention and fight against organized crime in Croatia, to enhance the cooperation between the institutions dealing with trafficking in human beings and to assist and protect victims of trafficking in human (THB) beings. The results of the project were the following: THB legislation was revised, effective system for implementation of the “Standard operating procedures (SOP)” was established, 40 staff from key stakeholders were trained on SOP, institutional capacity of Ministry of the Interior for detecting THB cases was improved, 40 police officers from Crime and Border Police were trained, public awareness about the problem of THB was raised.
In 2008 the Office for Human rights of the Government of the Republic of Croatia in partnership with Ombudsman Office and NGO Centre for Peace Studies has applied for one of the Community Programs - PROGRESS with the project proposal under the official title “Supporting the implementation of the Anti-discrimination Act”. The
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proposed project covers the following grounds of discrimination: disability, race and ethnic origin, age, religion and sexual orientation.
The project consists of training of representatives of the equality body, judges, attorneys, the state attorney’s office, police, state administration officials and NGOs of the provisions of domestic and European legislation concerning combating discrimination. Second part of the project refers to a wide public campaign aimed at increasing awareness about existing discrimination and about the new Law aimed at prohibition of discrimination and the fulfillment of equal opportunities for all.
The Committee has approved the draft of the project and its implementation has started.
3.7 Lessons learned:
Concerning the fact that until recently there has not been any project directed toward the protection against discrimination this project will rely on experiences acquired through the current project “Supporting the Implementation of the Anti-discrimination Act”.
All activities undertaken within this project will be based on information and knowledge about public attitudes toward the problem of discrimination previously acquired through project “Supporting the Implementation of the Anti-discrimination Act”, as well as on analysis of trainings and their effects on the existing level of anti-discrimination protection.
While so far the project is in its early stages, it is evident that the collaboration between the Office of the Ombudsman as the Central equality body, but an independent body, and the Office for Human Rights as a governmental body is necessary for the successful implementation of the Anti-Discrimination Act.
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4. Indicative Budget (amounts in EUR) –
SOURCES OF FUNDING
TOTAL EXP.RE
TOTAL PUBLIC EXP.RE
IPA COMMUNITY CONTRIBUTION NATIONAL PUBLIC CONTRIBUTION PRIVATE
CONTRIBUTION
ACTIVITIES
IB(1)
INV(1)
EUR
(a)=(b)+(e)
EUR
(b)=(c)+(d)
EUR
(c)
% (2)
Total
EUR
(d)=(x)+(y)+(z)
% (2)
Central EUR
(x)
Regional/ Local EUR
(y)
IFIs
EUR
(z)
EUR
(e)
% (3)
Activity 1 contract 1 X – 690 000 690 000 655 500 95 34 500 5 34 500 – –
Activity 2
contract 2.1 – X 110 000 110 000 82 500 75 27 500 25 27 500 –
–
……
TOTAL IB 690 000 690 000 655 500 95 34 500 5 34 500
TOTAL INV 110 000 110 000 82 500 75 27 500 25 27 500
TOTAL PROJECT 800 000 800 000 738 000 92 62 000 8 62 000
Amounts net of VAT
(1) In the Activity row use "X" to identify whether IB or INV (2) Expressed in % of the Public Expenditure (column (b)) (3) Expressed in % of the Total Expenditure (column (a))
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5. Indicative Implementation Schedule (periods broken down per quarter)
Contracts Start of Tendering
Signature of contract
Project Completion
TW Contract 2nd Q 2010 1st Q 2011 1st Q 2013 Supply Contract 2nd Q 2010 4th Q 2010 2nd Q 2011
All projects should in principle be ready for tendering in the 1ST Quarter following the signature of the FA
6. Cross cutting issues (where applicable)
The purpose of this project is to achieve a more efficient implementation of the principle of Equal Opportunity. Likewise this project will comprise the issue of minority rights. All activities encompassed with this project will adhere to the principle of proportional representation of men and women as well as members of minority groups.
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ANNEXES
1- Log frame in Standard Format
2- Amounts contracted and Disbursed per Quarter over the full duration of Programme
3- Description of Institutional Framework
4 - Reference to laws, regulations and strategic documents
5 - Details per EU funded contract
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ANNEX 1: Logical framework matrix in standard format
LOGFRAME PLANNING MATRIX FOR Project Fiche IPA TAIB 2009
Establishing a comprehensive system for anti-discrimination protection Contracting period ) expires
2 years following the date of conclusion of the Financing Agreement
Disbursement period expires
3 years following the date of contracting
Office for Human Rights, Office of the Ombudsman Total budget : EUR 800 000 IPA budget: EUR 738 000 Overall objective Objectively verifiable indicators Sources of Verification Assumptions Establishment of an efficient and effective system of prevention and fight against discrimination.
Implementation of antidiscrimination provisions and judicial prosecution of discriminatory practices in the Republic of Croatia improved and approximated to EU standards
EU progress reports
Accession partnership
Project purpose
Objectively verifiable indicators Sources of Verification Assumptions
Strengthening the capacity of the Office of the Ombudsman
Strengthening the capacity of the Office for Human Rights
Developing a system for statistical monitoring of cases of discrimination
Number of resolved (detected) cases of discrimination increased (considering that the current number of reported (detected) and resolved cases of discrimination is very low, by the time the project is terminated number of detected cases resolved or by Ombuds offices or by court will be at least 20). Number of prosecuted cases increased (considering that the current number of prosecuted cases of discrimination is very low, by the time the project is terminated prosecuted cases will be at least 5, including hate crime)
Number of assisted victims increased (number of assisted
Court records
Official Gazette
Statistical journals
Official statistics
Ombudsman’s opinions and recommendations
Yearly Ombudsman reports
Project benefits not offset by lengthy administrative procedures
Cases of discrimination detected and reported
Office of the Ombudsman, Office for Human Rights, other state bodies, NGOs and civil society organizations involved have credibility with target groups
The PROGRESS Project “Supporting the implementation of Anti-discrimination Act” successfully implemented with positive impact on public awareness
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Elaborating a comprehensive system of assistance to the victims of discriminatory practices
victims will be at least 50 in two years after the project is implemented
Improved public confidence in Ombudsman’s Office and the Office for Human Rights
Increased number of qualified staff
Final report of the implementation of the project
Cooperation from the Ministry of Justice and the Croatian courts
Cooperation with the State Attorney Office and the private practice
Close and comprehensive coordination of the actors involved
Results Objectively verifiable indicators Sources of Verification Assumptions
1. Result 1: An effective system for implementation of anti discrimination legislation in force established
- Training needs analysis for training of civil servants andother stakeholders carried out
- Training programme for training of civil servants andother stakeholders developed
- Minimum of 200 civil servants and other stakeholderstrained
- Training programme for the Central equality body onmediation developed
- Training programme for the Central equality body on thediscrimination complaints handling developed
- Training programme for the Central equality body, socialpartners and NGO representatives on intervenor role andjoint legal action
-Minimum of 30 advisors to the Ombudsman andspecialized ombuds trained on mediation
-Minimum of 30 advisors to the Ombudsman and
All available documentation – analysis, studies, education materials
Published handbooks and guidelines
Trainings evaluations
Reports from social partners
Interim quarterly reports by Project leaders
Conditions exist within the Offices and organizations involved for staff to apply new capacities and skills
Excessive staff turnover and loss of know-how avoided
Active involvement of all relevant institutions
Human resources within the bodies responsible for implementation of the Antidiscrimination Act are sufficient
Willingness for collaboration and coordination between governmental bodies and NGOs in combating discrimination
Interest from social partners
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Result 2.: An easily accessible system of statistical monitoring and documenting of cases of discrimination received by the Office of the Ombudsman available
specialized ombuds trained on discrimination complaintshandling
- Minimum of 30 advisors to the ombuds, and 30representatives of social partners and NGO trained onintervenor role and joint legal action
- Guidelines prepared on how to deal with claims ofdiscrimination (500 brochures published)
-Analysis of current relevant equality data statisticalmonitoring in Croatia prepared
- Analysis of regulations regarding protection of sensitivepersonal data in relation to collection of equality dataprepared
- Software for complaints/cases of discrimination receivedby the Office of the Ombudsman and specialized ombuds
-Software for statistical monitoring of court cases ofdiscrimination prepared
- Software for statistical monitoring of relevant equalitydata formed
- Minimum of 30 state officials in charge of taking recordof data educated in use of the software
- Handbook on monitoring discrimination and collectingstatistical data developed
Capacity to use and maintain the software persist
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Result 3: A comprehensive system ofassistance to the victims ofdiscrimination created
- Info line founded
- Guidelines prepared on how to detect/recognisediscrimination and how to assist victims.
- 1000 copies of Guidelines on how to detect/recognisediscrimination and how to assist victims published
-Visits to all regions of Croatia by the Office of theOmbudsman organized
Level of assistance and information offered sufficient to create significant difference in the number of cases detected/recognised
Activities Means Costs Assumptions Activities related to result 1 –twinning contract:
Activity 1.0 Kick-off meeting
Activity 1.1 Analyse training needs and develop a training programme
Activity 1.2 Develop Training modules for staff from involved
Twinning contract
EUR 690 000
Well-defined and in-time prepared tender
Adequate financing provided from government sources and through EU supported projects
Cooperation with national and foreign experts
In-time preparation of material (legal texts, reports, studies, analyses, etc) in English
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national institutions
Activity 1.3 Training of civil servants involved in the implementation of the Act: Judges, public attorneys, relevant state administrators, members of county human rights coordinating bodies, members of police enforcement.
Activity 1.4 Develop Training modules for staff from the Central equality body and specialized ombuds on mediation
Activity 1.5 Training of staff from the Central equality body and specialized ombuds on mediation
Activity 1.6 Develop Training modules for staff from the Central equality body and specialized ombuds on discrimination complaints handling
Activity 1.7 Training of staff from the Central equality body and specialized ombuds on discrimination complaints handling
Activity 1.8. Develop Training modules for staff from Central equality body, specialized ombuds,
In-time availability of all necessary documents and materials
Trainers with the expertise in the field of combating discrimination, mediation, complains regarding discrimination handling
Interest for and participation (civil servants and other relevant stakeholders) in trainings
Adequate participants for training who will continue to work in this field
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social partners and NGO representatives on intervenor role and on joint legal action
Activity 1.9. Training of staff from the Central equality body, specialized ombuds, social partners and NGO representatives on intervenor role and on joint legal action
Activity 1.9.1 Drafting and publishing of guidelines on how to deal with claims of discrimination.
Activities related to result 2 –twinning contract:
Activity 2.1 Analyse the existing system for statistical motoring in Croatia
Activity 2.2 Analyse the regulationsregarding protection of sensitivepersonal data in relation to collectionof equality data prepared
Activity 2.3 Establish a system for collecting statistical equality data in all relevant institutions – create the software which will enable efficient equality data collection.
Activity 2.4 Establish a system for collection of relevant data on
Short term expert with the relevant expertise in the field of software development
Cooperation of judiciary bodies
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complaints of discrimination - create a software which will enable efficient data collection.
Activity 2.5 Establish a system for collection of relevant data on court cases of discrimination - creating a software which will enable efficient data collection.
Activity 2.6 Training of state officials who will be in charge of collecting statistical data on cases of discrimination
Activity 2.7 Publishing a Handbook for institutions on how to monitor discrimination and collect statistical data about cases of discrimination.
Activities related to result 2 – supply contract:
Activity 2.8 Procure, deliver and install the equipment for implementation of statistical monitoring system
Activities related to result 3 –twinning contract:
Activity 3.1 Establish the info line for advice and assistance to the
Supply contract
EUR 110 000
Adequate participants for training
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victims of discrimination
Activity 3.2 Draft the guidelines forinstitutions on how to detect cases ofdiscrimination and how to assist thevictims.
Activity 3.3. Organize visits to allregions of Croatia by the Office ofthe Ombudsman
Activity 3.4. Final meeting
Availability of funds
Timely procurement of necessary equipment
Cooperation of experts in the field
Interest from regional bodies
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ANNEX II: amounts (in €) Contracted and disbursed by quarter for the project
Contracted 2010 2011 2012
I II III IV I II III IV I II III
Contract 1
Twinning
690 000
Contract 2
Supply
110 000
Cumulated 110 000 800 000
Disbursed
2010 2011 2012
I II III IV I II III IV I II III
Contract 1 Twinning 200 000 300 000 190 000
Contract 2
Supply
80 000 30 000
Cumulated 280 000 610 000 800 000
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Annex III - Description of Institutional Framework
Office for Human rights of the Government of Republic of Croatia is a state body whose main activities are promotion and protection of human rights. Office for Human Rights works actively on drafting documents concerning protection of human rights and drafts regular reports on the state of human rights in the Republic of Croatia. Office for Human Rights has wide range of activities – it is focused on issues of national minorities, gender issues, issues regarding children and youth protection, promoting rights of people with disabilities, elderly population, etc. Part of its activities is dealing with complaints of Croatian citizens whose rights are endangered or who assert that their human rights are violated. The Head of the Office is National coordinator for combating trafficking in human beings and the Office coordinates drafting of all relevant document directed toward combating trafficking in human beings in Croatia.
Since regular activities of the Office for Human Rights are directed toward establishing an effective system for human rights protection they encompass fight against all forms of discrimination as well. The Office works in creating documents regarding the protection against discrimination (e.g. Nation plan for combating discrimination from 2008 to 2013. and accompanying action plans) Office for Human Rights continuously works on promoting equal treatment and equal opportunities. It participated actively in the process of drafting the Anti-discrimination Act and is a state body most directly involved in combating discrimination on all levels in the Republic of Croatia. In establishing a system for anti-discrimination protection it is a state body which is the most suited partner to the Office of the Ombudsman as an independent body responsible for the suppression of discrimination.
The Ombudsman is a commissioner of the Croatian Parliament established by the Constitution of the Republic of Croatia whose responsibilities is to protect the constitutional and legal rights of citizens in proceedings before government administration and bodies vested with public powers. Following an amendment to the Constitution passed in 2001, the Ombudsman's jurisdiction was extended to include the armed forces, security services, and local and regional self-governments.
Ombudsman is an independent and autonomous in carrying out his duties. Nobody is entitled to give him instructions or directions on his work.
In the scope of its responsibilities the Ombudsman considers individual cases in which citizens' rights may be imperiled by action of governmental administration bodies, bodies vested with public powers or officials in such bodies when they deal with tasks ensuing within their respective competence.
Besides the above mentioned activities, Ombudsman also considers other problems which may be of interest to the protection of the rights proclaimed by constitution and law, about which he has obtained information from other sources of knowledge (by means of public communication, etc.), provided that those problems are referring to the wrong doing of bodies and officials of bodies under the “ombudsman’s jurisdiction”. Ombudsman is empowered to initiate changes in the laws regarding the protection of the rights proclaimed by Constitution and law. Ombudsman reports annually to the Parliament and has the right to provide special reports as well.
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The Ombudsman must be a Croatian citizen, and is elected by the Parliament for a term of eight years. He/she has three deputies.
Due to the newly accepted Anti-discrimination Act Office of the Ombudsman is a central body responsible for the suppression of discrimination. The Office of the Ombudsman, according to the Act, has a wide range of duties in the field of suppressing discrimination such as:
1. receive reports of all the natural and legal persons referred to in Article 10 of this Act;
2. provide necessary information to natural and legal persons that have filed a complaint on account of discrimination with regard to their rights and obligations and to possibilities of court and other protection;
3. if the court proceedings have not yet been initiated, examine individual reports and take actions falling within his/her competence required for elimination of discrimination and protection of rights of discriminated persons;
4. warn the public about the occurrence of discrimination;
5. with the parties’ consent, conduct mediation with a possibility of reaching an out-of-court settlement;
6. file criminal charges related to discrimination cases to the competent state attorney’s office;
7. collect and analyse statistical data on discrimination cases,
8. inform the Croatian Parliament on the occurrence of discrimination in his/her annual and, when required, extraordinary reports;
9. conduct surveys concerning discrimination, give opinions and recommendations, and suggest appropriate legal and strategic solutions to the Government of the Republic of Croatia.
When drawing up regular reports, opinions and recommendations on the occurrence of discrimination, the Ombudsman shall consult social partners and civil society organisations dealing with the protection and promotion of human rights, organisations dealing with the protection of groups exposed to a high risk of discrimination, churches and religious organisations entered in the Register of Religious Congregations of the Republic of Croatia on the basis of the Act on the Legal Position of Religious Congregations, and the National Minorities Council.
The collaboration between these two institutions in the field of combating discrimination already began through the implementation of the project supported by the European Commission “Supporting the implementation of the Anti-discrimination Act” which is going to end by the end of year 2009. The activities within project proposed through IPA funding will be divided as follows:
The first part of the Project, namely the educations and trainings at all levels of bodies obliged in implementation of the Antidiscrimination Act will be carried out by common engagement of the Ombudsman’s office and Office for Human Rights. This means that the trainings will be organized and conducted in joint collaboration of the two offices, namely part of the trainings focused on education about discrimination of the civil servants will be conducted by the Office
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for human rights. The trainings for employees of the Office of the Ombudsman will be carried d out by the Office of the Ombudsman. The experts for drafting the manuals will be engaged by the two institutions and each will contribute with their suggestions while drafting the manual.
The second part of the project, namely establishment of a system for statistical monitoring regarding the collection of relevant statistical data from all the state bodies will be carried out by the Ombudsman’s Office since the Ombudmans is according to the law responsible for statistical monitoring. The system for monitoring and documenting cases where complaints of discrimination are submitted to the Office of the Ombudsman as the Central equality body, as well as to other three ombuds, so data collection regarding these concrete complaints will be carried out by the Office of the Ombudsman in cooperation with the specialized ombuds. The system for monitoring and documenting court cases of discrimination will be carried out by the Office of the Ombudsman in cooperation with the Ministry of Justice and the Croatian courts.
The last part, establishment of a system for the assistance to the victims of discrimination will be carried out in collaboration of Ombudsman’s Office and Office for Human Rights. The experts engaged in drafting of guidelines will be contacted by both offices.
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Annex IV – References to laws, regulations and strategic documents
• Council’s Directive 2000/43/EZ implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin
• Council’s Directive 2000/78/EZ establishing a general framework for equal treatment
in employment and occupation
• Accession Partnership
• Croatia Progress Report 2008.
• Multi Annual Indicative Planning Document
• National Programme for the Protection and Promotion of Human Rights
• Criminal Code
• Labour Act
• Antidiscrimination Act
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ANNEX V: Details per EU funded contract
Activities:
• Activity 1: Twinning contract
• Activity 2: Twinning contract
• Activity 3: Twinning contract
Supply Contracts: LOTs 1 – 3 (Activity 2)
Procurement, delivery and installation of equipment for implementation of statistical
monitoring system according to the TS for the equipment and conducted Market study
Twinning Contract: 1 (Activity 1 – 3)
Profile and tasks of Twinning experts
Project Leader The Project Leader (PL) must have a broad knowledge of all processes in the area of the project and good leadership skills. PL should be a high level ranked official within the MS administration.
Project Leader’s tasks:
• Providing necessary support to the RTA; • Coordination of activities with high level ranked officials within Croatian Office of
the Ombudsman, Office for Human Rights/ administration; • Controlling budget spending; • Participation in coordination of deployment of short-term experts; • Giving suggestions to improve project implementation.
Profile:
• University degree in management, social science or law; • Minimum 5 years significant experience in the field of fight against discrimination
and related topics; • Fluency in written and spoken English language, including good report writing skills; • Computer literacy.
Additional assets are:
• Experience in implementation of EU standards in Candidate Countries; • Strong management skills;
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• Previous experience with EU twinning projects; • Good analytical and communication skills.
Resident Twinning Advisor The Resident Twinning Advisor (RTA) should be a middle or senior ranked official with good communication skills.
Resident Twinning Advisor’s tasks:
• Day to day management of the project in the Office of the Ombudsman • Ensure coordination and balance among group of the project activities; • Advise on related EU policies and best practices, legislation and regulations; • Monitoring project implementation and, if needed, proposing corrective
management actions; • Monitoring budget spending;
Profile:
• University degree in law, social science of humanities; • Minimum 5 years of experience in the field of fights against discrimination and anti-
discrimination policy making; • Previous experience in a multi-disciplinary and multi-national teams; • Excellent communication skills, which include fluency in written and spoken English
language; • Computer literacy.
Additional assets are:
• Experience in implementation of EU standards in Candidate Countries; • Previous experience with EU twinning projects; • Knowledge on promoting equality strategies and practices of equality data
collection; • Sound communication skills; • Previous experience in organization and conduction of training programmes.
Duration of RTA secondment will be 18 months.
Short-term experts The short-term experts should be persons with good communication and analytical skills and solid knowledge of their field of expertise as well as to have relevant expertise in training conduct.
General short-term expert’s tasks:
• Day to day intensive contacts and exchange of information with the officers from the Ombudsman’s Office and the Office for Human Rights and experts;
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• Identification and documentation of information relevant for project activities;
Profile of short-term expert 1:
• University degree preferably in law, social science or humanities; • Minimum 5 years significant experience in the field of anti-discrimination; • Excellent communication skills, with fluency in written and spoken English
language, including excellent report-writing; • Computer literacy.
Profile of short-term expert 2:
• University degree in law or social science; • Minimum 5 years significant experience in collecting of data relevant in the field of
anti-discrimination, or equality data collecting; • Excellent communication skills, with fluency in written and spoken English language,
including excellent report-writing; • Computer literacy.
Profile of short-term expert 3:
• University degree in social science; • Minimum 3 years significant experience in work with the victims of discrimination or in the field related to it; • Excellent communication skills, with fluency in written and spoken English
language, including excellent report-writing; • Computer literacy.
Profile of short-term expert 4:
• University degree in information science; • Minimum 5 years significant experience in developing similar software (e.g.: for
collecting social statistical data) ; • Excellent communication skills, with fluency in written and spoken English language,
including excellent report-writing;
Additional assets for all short term experts are:
• Previous training experience is highly preferred; • Previous experience with EU twinning projects is an advantage.
