The UN Refugee Agency, the Office of the United Nations High Commissioner for Refugees (UNHCR), was established on 14 December 1950 by the United Nations General Assembly. The Agency is mandated to lead and coordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country.

In more than five decades, the Agency has helped more than 50 million people restart their lives. Today, a staff of around 6,500 people in more than 116 countries continues to help 34.4 million persons.

THE ESTABLISHMENT OF UNHCR IN CROATIA

UNHCR operations in Croatia began in late 1991 on the invitation of the Croatian Government, which sought international help in providing humanitarian assistance to hundred of thousands of people displaced by the conflict in the country. The mandate of UNHCR in South East Europe was based on a letter sent by the Secretary General in November 1991 to the High Commissioner requesting the Agency to coordinate all UN humanitarian assistance to displaced persons in former Yugoslavia. The mandate also included the task of undertaking all possible action to avoid further displacement, to provide these persons with legal protection, and to assist their voluntary return to their places of origin wherever possible.

The Agency accepted this role and in December 1991 officially took the lead in coordinating international relief efforts to tackle the needs of the displaced on the territory of Croatia and Bosnia and Herzegovina. The goal of this large-scale emergency relief operation was not only to save lives and reduce suffering until a political settlement was achieved, but also to enable the affected populations to remain in their areas of origin.

UNHCR IN CROATIA DURING THE CONFLICT

Following the declaration of Croatia's independence from the former Socialist Republic of Yugoslavia in June 1991, an armed conflict broke out which was to last until 1995. Four years of conflict resulted in the displacement of almost 900,000 Croatian citizens of all ethnicities inside and outside the country. Serb secession in central and eastern Croatia and in the south-eastern region of Knin ("Republika Srpska Krajina") alone caused an internal displacement of over 550,000 ethnic Croats. At the same time, up to 70,000 ethnic Serbs from other parts of Croatia began to seek refuge in these areas which were under Serb control. Following the 1995 military operations in Croatia, 250,000 ethnic Serbs fled the country, while 130,000 ethnic Croats arrived from Bosnia and Herzegovina.

In April 1992, war erupted in Bosnia and Herzegovina, resulting in huge population displacement. In the course of the conflict, Croatia alone accepted some 403,000 refugees from its neighbouring country. Consequently, UNHCR Croatia significantly broadened its activities in order to support the Croatian Government in providing protection and assistance to refugees and internally displaced persons (IDPs). UNHCR and the main national and international actors provided humanitarian aid, food, shelter and other types of assistance to the ever increasing number of those in need. Amongst those involved were the Croatian Office for Displaced Persons and Refugees (ODPR), the Croatian Red Cross (CRC), the European Commission's Humanitarian Aid Office (ECHO), and the International Committee of the Red Cross (ICRC). Securing the admission of refugees and the prevention of deportation known as non-refoulement has always been among the prime tasks of UNHCR, thus the Agency enhanced its cooperation with the Croatian authorities in order to ensure safety and protection for Bosnian and Herzegovinian refugees.

Besides hosting refugees from Bosnia and Herzegovina, Croatia also bore the humanitarian task of providing aid to almost 550,000 displaced Croatian citizens. Therefore, UNHCR sought international solidarity and burden-sharing, which constitute the underlying principles of international action on behalf of refugees, to meet the humanitarian needs of individuals, as well as to address the needs of a more critical and temporary nature.

The UN Refugee Agency began to seek solutions for refugees from Bosnia and Herzegovina by assisting the Croatian Government with voluntary return or transfer to third countries. From October 1992, UNHCR began to promote temporary protection abroad by urging third countries to host refugees from the former Yugoslavia. Thereafter, the programme for the resettlement of Bosnian refugees also included refugees who had special protection needs or who were especially vulnerable and would not have been able to return to their places of origin. Between October 1992 and December 1994, the programme for temporary protection resettled some 30,000 persons in third countries.

By 1995, UNHCR's large-scale relief operation organised from Croatia had provided humanitarian assistance to some 2.7 million people in Croatia and Bosnia and Herzegovina.

In 1995, Croatia launched two major military operations and succeeded in regaining control over the majority of its territory, except for eastern Slavonia. As a result of these events, 250,000 ethnic Serbs sought refuge, mainly outside Croatia. Mostly, they fled to the then Federal Republic of Yugoslavia (FRY), Bosnia and Herzegovina and eastern Slavonia (still under Serb control). At the same time, Croatia was faced with the new arrival of thousands of Croat refugees fleeing Bosnia and Herzegovina, (primarily Republika Srpska).

THE ROLE OF UNHCR AFTER THE CONFLICT

The situation after the end of the five-year conflict resulted in a shift of UNHCR's activities, and the Agency began to seek durable solutions for the then still half a million displaced persons. About 200,000 Bosnian refugees remained in Croatia. Most of the refugees who were of Croat ethnicity had obtained Croatian citizenship and began the process of gradual local integration. However, those of non-Croat ethnicity remained under temporary protection by the Government and required further assistance and a solution to their plight.

In November 1995, the Erdut Peace Agreement was signed, paving the way for the re- integration of the Croatian Danube Region (eastern Slavonia), which was accomplished in 1998. The Security Council established the "United Nations Transitory Administration for Eastern Slavonia, Baranja and Western Sirmium" (UNTAES), and UNHCR actively participated in the Joint Implementation Commissions (JICs), taking the lead role in facilitating two-way returns within the region.

In the summer of 1996, UNHCR began to organise the repatriation of Croatian Serb refugees from the then FRY. The first UNHCR convoy arrived in June 1996 and consisted of 18 returnees. The process has continued until the present day, with some 442 organised movements bringing back over 29,000 persons to their pre-war homes.

A comprehensive Return Programme was introduced by the Croatian Government in 1998. Until the end of 1999, the international community, including UNHCR, was engaged with the Government in a Legal Expert Working Group to advise on changes to legislation in order to review, amend and rescind discriminatory aspects of the legacy of wartime legislation.

Besides transport, UNHCR's assistance to returnees included the provision of food, shelter, education, health and social services. The returnees were also provided with necessary domestic items such as firewood, heating stoves and mattresses. Agricultural tool kits and cattle were given to the returnees in rural areas to achieve self-reliance and to generate income. In order to facilitate the return of displaced populations, UNHCR also supported the rebuilding of destroyed villages in former UN Protected Areas (UNPAs). Throughout this period, the UN Refugee Agency worked in close cooperation with other international organisations (such as the European Community Monitoring Mission/ECMM, ECHO, ICRC, the Organisation for Security and Cooperation in Europe/OSCE) and various other national and international non-governmental organisations (NGOs) to monitor return and reintegration and to provide individual legal counselling assistance to the most vulnerable.

Since the beginning of the return process in 1996 until the present, some 132,000 Serb minority returnees have been officially registered by Croatian authorities. UNHCR has been actively supporting the return and reintegration process and has implemented various projects assisting not only returnees, but also refugees, IDPs and the destitute domicile population in war affected areas. The total value of these projects exceeds USD 150 million.

UNHCR also organised mass information campaigns in the countries of the region, promoting return and providing information on the prospects of return and enabling refugees to make individual and well-informed decisions on repatriation. In 2000, the Government helped form a different political climate and developed a more positive attitude towards the return of Croatian Serbs which led to improved return conditions and the 2003 Housing Care Programme for those refugees and IDPs who had lost their former socially owned flats. This resulted in the increased return of refugees. UNHCR intensified its field work in close coordination with various governmental and non-governmental actors to improve communication and information exchange with the neighbouring countries hosting most of the Serb refugees from Croatia. In order to assist refugees in finding durable solutions, the UN Refugee Agency has until today facilitated access to housing, reconstruction and other return assistance programmes and provides initial social assistance upon return.

UNHCR COMPLETION STRATEGY

In 2004, Croatia was granted candidate status for EU membership. As the country began its progress towards EU accession, the conditions for the return and reintegration of Serb minority returnees further improved, especially the reconstruction of houses, the repossession of private property and the implementation of the housing care programme for former tenancy right holders (OTR). With these new political developments, UNHCR's involvement in the return process in the region entered the phasing down stage. Its existing capacity, expertise and the presence of national governmental and non-governmental partners have allowed UNHCR to gradually decrease its presence, leaving only two field offices in Knin and Sisak that operate with the support of the European Commission.

Through the implementation of its legal aid and social assistance programmes for displaced persons of all ethnicities, UNHCR continues to cooperate with several NGOs. One of them is the Croatian Red Cross, which facilitates returns, and through its mobile teams provides social services to returnees and destitute populations in the return communities. A network of local NGOs continues to provide returnees, IDPs and refugees with free legal aid and legal representation before judicial bodies. These NGOs are: the Croatian Law Centre; the Serb Democratic Forum; the Centre for Peace and Non-violence Osijek; the Information Law Centre - Slavonski Brod. The Association Mi from Split assists in the implementation of community building and reconciliation projects in war affected areas (Areas of Special State Concern/ASSC).

UNHCR also closely cooperates and assists the competent authorities at the local and central level to conclude important humanitarian work in the field of return and reintegration.

A major turning point in the return process was the signing of the Sarajevo Declaration in January 2005 by representatives of the governments of Croatia, Bosnia and Herzegovina and the then Serbia and Montenegro. The Declaration gave new impetus to complete the refugee return process. In the four years since the signing of the Declaration, through the hard work of the signatory governments, coupled with the support of the OSCE, EC and UNHCR, the only remaining challenge is to address and find appropriate solution for former tenancy right holders who do not return and benefit from the housing assistance programmes in their country of origin.

Eighteen years after the beginning of the conflict, the vast majority of displaced persons and refugees in Croatia have found permanent solutions. For the fewer than 2,500 IDPs today, solutions are currently being implemented. Since April 2009, the remaining refugees under temporary protection from Bosnia and Herzegovina and Kosovo, which number some 1,300, can regulate their stay and access social and economic rights and subsequently integrate locally.

Despite significant humanitarian achievements in the past years, access to adequate housing in Croatia or in the countries of asylum is still considered a major concern in the return and local integration process for Croatian Serb returnees, refugees and IDPs. Notwithstanding the enormous progress made in this area in Croatia, almost 14 years after the end of the armed conflict thousands of Serb returnee, IDP or refugee families are still awaiting final decisions on the status of their housing care or reconstruction applications, or the allocation of adequate housing solutions. While returnees no longer consider the security situation of prime concern, the social and economic situation in war affected areas remains a challenge for all.

Today, a total of some 133,000 refugees still remain displaced in the region of South East Europe. While voluntary return remains the preferred option among the durable solutions available for them, especially in light of the Dayton Peace Agreement, local integration has in the meantime become an equally pursued option. In the context of the dialogue on the protracted refugee situation worldwide, the UN High Commissioner for Refugees in December 2008 launched an initiative to bring to a humane and dignified end the ongoing displacement of the remaining 80,000 Croatian refugees registered in Serbia, Bosnia and Herzegovina and Montenegro, either through return or through local integration. The initiative strives to meet the needs of the refugees, supporting at the same time the sustainable revival of affected communities. In this context and in close cooperation with respective Governments, UNHCR is reorienting its programmes in order to complete its involvement in displacement issues, in refugee return and in reintegration matters in 2010 or at the latest in 2011.

STRENGTHENING THE ASYLUM SYSTEM

With its independence, Croatia succeeded to the 1951 Refugee Convention, its 1967 Protocol related to the Status of Refugees and the 1954 Convention related to the Status of Stateless Persons. Croatia has also acceded to the European Convention on Human Rights and Fundamental Freedoms, with its Protocols. Therefore, Croatia has in effect bound itself to fulfil its obligations towards refugees. However, due to the conflict and the large influx of refugees, the previous asylum procedure in the country was based on group status determination. Following the end of the conflict, the procedure changed from group to individual status determination. UNHCR began focusing its efforts with the Government to strengthen the asylum system in Croatia, which culminated in the adoption of the current asylum legislation and the establishment of relevant institutions to process asylum claims and to accommodate asylum seekers.

In order to assist Croatia in its efforts, UNHCR has provided over the years comprehensive expertise and comments to help draft legislation relevant for persons seeking international protection. The Agency has organised numerous training events and seminars with the relevant ministries, NGOs and institutions devoted to refugee protection. It has also implemented various promotional activities to increase awareness of the principles of international refugee law among the authorities dealing with asylum seekers. Of utmost importance is respect for the so-called principle of non-refoulement which bans the deporting of persons whose lives or liberty might be in danger if they are forcefully returned to their country of origin.

Finally, in 2003, Croatia adopted the first Asylum Act, based on which in 2006 the first asylum seeker, a Sudanese woman, was granted refugee status. In the framework of the EU accession process, Croatia was required to further alter its legislation and so adopted a new Asylum Act in July 2007. The act came into force in January 2008 with many improvements, including the introduction of a more independent Asylum Commission as a second instance appeal body, and the concept of a subsidiary form of protection for persons fleeing indiscriminate human rights violations and for those exposed to serious harm.

Over the past three years, an average of about 150 persons per year have applied for asylum in Croatia. Croatia is still perceived as both a country in transition and a country of transit. Almost 50% of those who apply for asylum leave Croatia before a final decision on their claims is made. Since 2004, four persons have been recognised as refugees and another four persons have been granted subsidiary protection. The majority of asylum applicants in Croatia come from the counties in the region (Serbia and Kosovo) followed by Pakistan and Turkey.

CONCLUSION

For the past 18 years, UNHCR's role in Croatia has altered from saving lives and reducing hardships during conflict to assisting the authorities in finalising the return process and strengthening the asylum system in the country, thus adapting to the changing situation. Today, Croatia is a country which offers protection to persons fleeing human rights violations in other parts of the world. The Croatian authorities, supported by UNHCR and other national and international partners, have achieved considerable progress in finding solutions for refugees, returnees and displaced persons. However, 80,000 Croatian refugees still registered in neighbouring countries are a reminder that closing the refugee file remains a humanitarian and political challenge for the region. Final, joint efforts are now needed to ensure that those who are still waiting for adequate solutions have access to them. All this is essential to end displacement in the region in a humane and decent way, and is of great importance for the persons concerned, for EU accession, and for stability in the region. UNHCR will continue to assist the Croatian Government in accomplishing this important humanitarian task.