“ roatia’s Diaspora Constituency has become politically controversial. The challenge ahead lies in balancing several competing factors:

As citizens of Croatia, Diaspora voters have a legitimate claim to a vote in Croatian elections. As a com-munity, they made substantial sacrifices in the wars that led to Croatia’s independence. As a result, they have a recent and strong link to Croatia.

On the other hand, their citizenship is based on their ethnicity, not on their current or former residence, as many have never lived in what is Croatia today.

Unlike any of the ten constituencies in Croatia, Diaspora voters have consistently elected candidates from only one political party (the HDZ). This has helped to ensure the victory of the HDZ in past elections.

Croatian Diaspora voters are concentrated in neighboring Bosnia and Herzegovina, where they are one of three major ethnic groups that enjoy special constitutional status. Their continuing political link to Croatia is a factor in persistently tense Bosnian politics.

The Diaspora vote is unlikely to be resolved without addressing underlying issues such as entitlement to citizenship and voters’ list update. However, solutions not re-quiring constitutional amendments are possible: for example, further reduction in the number of seats allocated to the Diaspora, as has been done in the past. The president of Croatia, most parliamentary parties, Croatian civil society and relevant international groups have all recommended some level of change, so serious discus-sion and reforms should not be delayed. Whatever the solution may be, it is impera-tive that all stakeholders participate and that the issue does not disappear from the public agenda until the next election.

—Tihana Bartulac-Blanc, December 11, 2007

C

”

Roundtable: Croatia’s Diaspora Constituency

Tihana Bartulac-Blanc Reagan-Fascell Democracy Fellow

National Endowment for Democracy

November 14 and December 11, 2007

The views expressed in this presentation represent the opinions and analysis of the speaker and do not necessarily reflect those of the National Endowment of Democracy or its staff.

Non-geographical Constituency/Diaspora Constituency/ XI. Constituency or District:

Refers to a separate electoral unit for Croatian citizens abroad with no residence in Croatia

396,617 registered voters in 2003; inaccurate

Most Diaspora voters (~300,000) are citizens of Bosnia and Herzegovina (B-H) who have never lived in what is Croatia today

Act on Croatian Citizenship, Art.16: A member of the Croatian people without

residence in the Republic of Croatia can obtain Croatian citizenship if s/he meets [other requirements] of this law and if s/he provides a written statement that s/he feels Croatian.

Art.10  [Citizens Abroad]

The Republic of Croatia shall protect the rights and interests of its citizens living or residing abroad, and shall promote their links with the homeland.

Art.45  [Electoral Rights]

(2) In elections for the Croatian Parliament and for the President of the Republic, the Republic of Croatia shall ensure suffrage to its citizens who are abroad at the time of the elections, so that they may vote in the countries in which they are or in any other way specified by law.

Act on the Election of Representatives to the Croatian Parliament:

Voters who do not have residence in the Republic of Croatia shall have the right to be represented in the Parliament … (Art. 8).

Voters who do not have residence in the Republic of Croatia shall elect representatives on the basis of lists with the 14 candidates in a special constituency (Art. 40)

Act on the Election of Representatives to the Croatian Parliament, Art. 41

Croatia: 2,409,240 (total voters) % 140 (seats) =17,209

Diaspora: 70,529 (total voters) % 17,209 =4 seats

Parliamentary elections:

Diaspora seats /total seats:

To parties:

1992* 124 HDZ

1995* 12/127 HDZ

2000 6 /151 HDZ

2003 4 /152 HDZ

2007 5/153 HDZ

No Constituency Name Registered Turnout (%) Seats by Party Total Seats

1 Zagreb 358,461 254,138 (70.90%) SDP 6, HDZ 5, HNS 2 , HSP 1 14

2 Bjelovar 388,713 261,633 (67.31%) HDZ 6, SDP 4, HSS 2, HSP 1, HSLS 1 14

3 Varaždin 365,042 247,749 (67.87%) HDZ 4, SDP 4, HNS 2, HSS 1, HSU 1, HSLS 1, HDSS 1

14

4 Osijek 328,076 214,859 (65.49%) HDZ 7, SDP 3, HSP 1, HSS 1, HNS 1, HSU 1

14

5 Slavonski Brod 360,242 220,421 (61.19%) HDZ 8, SDP 3, HSS 1, HSP 1, HSLS 1 14

6 Sisak 343,857 234,614 (68.23%) HDZ 6, SDP 5, HSP 1, HNS 1, HSS 1 14

7 Karlovac 382,084 263,437 (68.95%) HDZ 7, SDP 4, HSP 1, HNS, 1, HSS 1 14

8 Pazin 374,678 239,851 (64.02%) SDP 8, HDZ 3, HNS 2, HSU 1 14

9 Zadar 388,450 255,218 (65.0%) HDZ 9, SDP 2, HSP 1, HNS 1, HSS 1 14

10 Split 401,333 274,561 (64.81%) HDZ 7, SDP 4, HSP 1, HNS 1, HSS 1 14

11 Diaspora 396,617 70,527 (17.78%) HDZ 4 4

12 Minorities 286,861 (67,881) 3 SDSS, 1 independent, 1 DZMH, 1 HSS, 1 NNZ, 1 SDA Croatia

8

Stjepan Mesic (Coalition) 65.93%Jadranka Kosor (HDZ) 34.07%

Stjepan Mesic (Coalition) 17.44%Jadranka Kosor (HDZ) 82.56%

Based on a very loose link with Croatia - citizenship based on common ethnicity.

Can influence the outcome of national elections and referenda.

Diaspora is clustered in only one country. Potential negative effects in Bosnia. Double voting. The number of parliamentarians could surpass

the constitutional limit of 160. Biased in favor of one party. Does not accurately reflect the public will in

Croatia.

7.0%

6.3%

5.7%

2.1%

1.7%

1.2%

0.5%

0.4%

0.2%

0.1%

0.8%

9.4%

7.6%

30.2%

26.6%

0% 10% 20% 30% 40% 50%

SDP

HDZ

Coalition HSS-HSLS-PGS

HSP

HSU

HNS

Istrian Democratic Sabor (IDS)

Democratic Center (DC)

Slavonia Baranja Croatian Party (SBHS)

Independent Democratic Serbian Party (SDSS)Croatian Democratic Alliance of Slavonia and

Baranja (HDSSB)Ljevica Hrvatske

Democratic Union of Medjimurje (MDS)

Other

Undecided

Only respondents who would vote

Votes without Diaspora Seats without Diaspora

HDZ 31,9% or 56 seats SDP 30,1% or 53 seats without Diaspora

You Tube: Kolinda Grabar-Kitarovic, Minister of Foreign Affairs

From HDZ Party Program:

“HDZ will continue to insist on constitutional rights of Croatian citizens residing abroad, including their active and passive voting right in the parliamentary and presidential elections.”

You Tube: Zoran Milanovic, SDP President

No Diaspora list for the 2007 election.

1 elected representative for B-H, 1 for U.S. and Australia

Observing elections since 2000.

“Elections Package” --improvement of the voters’ lists; termination of the list for Diaspora, or postal vote.

A political issue, not on the agenda.

Improvement of the electoral system, clean-up of voter lists, registration of voters abroad.

Cost of election. Observers in 50% of all

polling stations in B-H. Reported fraud among

Diaspora voters in 2005 (double and ‘ghost’ voting). Court decision.

“The provision of the Law on Citizenship granting ethnic Croats born abroad and with no permanent residence in Croatia the right to Croatian citizenship and the right to vote remains a significant concern.” OSCE/ODIHR

“Even in advanced countries, democracy is a work in progress; it is nowhere perfect. As an electorate becomes better informed and a country’s norms change, the rules of elections need to be adjusted.” Robert A. Pastor

115 states provide external vote; 11 reserve seats for Diaspora. International IDEA

Europe: France, Italy, Portugal Latin America: Colombia, Ecuador, Panama Africa: Algeria, Angola, Cape Verde,

Mozambique

None share other key features with Croatia.

Mandatory registration for voters abroad.

Voters with residency in both Croatia and B-H vote in the Zagreb Constituency (~ 100,000 ).

Independent Electoral Commission and Referendum Law.

The number of polling stations in B-H increased from 30 to 124.

Participants: political parties (inter-party bargaining), civil society, observers (reports and recommendations)

Timeframe: varies, non-election year

Feasibility: Constitutional changes or electoral law (options for representation)