specifications for annual policy report …...4 timetable for deliverables emn annual policy report...

EUROPEAN COMMISSION DIRECTORATE-GENERAL MIGRATION AND HOME AFFAIRS Directorate B : Immigration and Asylum Unit B1 : Immigration and Integration

EUROPEAN MIGRATION NETWORK

SPECIFICATIONS FOR

ANNUAL POLICY REPORT 2014

NATIONAL REPORT PART 2

Version 1: 8th December 2014

Subject: These specifications provide guidance for EMN NCPs to complete their

Annual Policy Report: National Report (Part 2) for the reference year 2014.

While this part of the Report is primarily targeted at an EMN NCPs national

audience, the contributions will be used to update the EMN Country Fact

Sheets and to inform the production of EMN Informs on key aspects of

Asylum and Migration Policy in 2014.

Action: EMN NCPs are requested to review these specifications during the 70th EMN

NCP meeting and provide their written comments following the meeting. The

aim will be to finalise and launch the specifications in early January 2015.

EMN NCPs will then be requested to undertake the activity according to the

Timetable given on Page 4. The National Report (Part 2) is required to be

submitted by 31st March 2015 at the same time as the National Report (Part

I) Statistics Annex.

If any clarification is required during the course of preparing your National

Report, please contact the EMN Service Provider, with COM (Valeria SETTI,

email [email protected] in copy.

MIGRAPOL

European Migration Network

Doc 328 (Part 2)

mailto:[email protected]

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 Office: LX46 02/167 - Tel. direct line +32 229-66295

I. Introduction

In accordance with Article 9(1) of Council Decision 2008/381/EC establishing the EMN, each

EMN NCP is required to every year provide a Report describing the migration and asylum situation

in the (Member) State, which shall include policy developments and statistical data.

I.1 Scope of the EMN Annual Policy Report 2014

The EMN Annual Policy Report 2014 will cover the period 1st January 2014 to 31st December

2014. In view of taking into account the gender dimension of EU policies, we kindly ask EMN

NCPs to pilot to the extent possible, or relevant, the possibility of differentiating between

men/women, boys/girls in their National Reports. The issue of fundamental rights should also be

highlighted wherever relevant.

I.2 Structure

To this aim, these common specifications are for the production of the EMN Annual Policy Report

2014. To meet the requirements of both COM and the Member States, in terms of both information

requirements and timeliness, the reporting process for 2014 has again been split into two separate

activities:

The National Report (Part 1) and Statistics Annex

The National Report (Part 2)

The National Report (Part 1) will contribute as fully as possible to the factual reporting for the

Commission’s Annual Report on Immigration and Asylum in 2014. To avoid duplication of work,

the content of this National Report will again be used by EASO to inform its Annual Report on the

situation of asylum in the EU. The specifications for this Report have been detailed in a separate

document.

For the National Reports (Part 2), the structure allows for an output primarily intended for each

EMN NCP’s national audience and as such remains flexible for EMN NCPs to tailor their inputs to

this end. Thus, the template has been developed this year by EMN NCPs, with the aim of providing

structural guidance in the form of main chapter headings, with flexibility for each EMN NCP to

add their own sub-headings as relevant in the national context but at the same time to allow for

comparability on specific key themes to support policymakers and other parties interested to obtain

a comparative overview.

The template to follow for the production of this part of the National Report is given below. The

Report should begin with an Executive Summary, summarising the key findings of the National

Report, and specifically targeting your national audience.

Section 1 is to introduce the report, setting out the approach / method followed and definitions used.

Section 2 asks for an overview of asylum and migration policy developments, to set a general

context for the developments to be described in more detail later in the Report and should continue

to provide an overview of the general political developments, as well as main policy and legislative

debates, broader developments in asylum and migration, plus institutional developments.

Sections 3-9 require a description of specific developments in the main areas of asylum and

migration, organised in seven headings:

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Executive Summary

1. INTRODUCTION

2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS

3. LEGAL MIGRATION AND MOBILITY

4. INTERNATIONAL PROTECTION (ASYLUM)

5. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS

6. COUNTERING TRAFFICKING IN HUMAN BEINGS

7. MIGRATION AND DEVELOPMENT

8. IRREGULAR MIGRATION INCLUDING SMUGGLING

9. RETURN

In addition to the main chapter headings, four optional annexes are included. These are:

OPTIONAL: ANNEXES

Annex A: Methodology and Definitions

Annex B: Implementation of EU Legislation

Annex C: National Statistics

Annex D: Bibliography/References/Sources

The chapter headings may be sub-divided into more specific, thematic, topics / sub-sections

according to national needs. EMN NCPs may, where relevant, wish to include a general context

section setting out recent development as an introduction / rationale for the main policies,

legislative developments, specific debates etc to be included for the reference year 2014.

I.3 Outputs

The completed National Reports (Part 2) corresponding to these Specifications will be used, along

with relevant information from the National Reports (Part 1) to update the EMN Country Fact

Sheets in 2014 and to publish EMN informs on asylum and migration policy developments in 2014.

In agreement with EMN NCPs they will also be published on the EMN website.

I.4 Timetable

In order to meet the deadline required for the publication of the Commission's Annual Report and

associated EMN outputs, it is very important to respect the timescale given in these specifications.

The National Report (Part 2), addressing all sections, covering also the full period January to

December 2013, should be submitted to the Commission by 31st March 2015 at the very latest.

All completed deliverable shall be sent to both Valeria SETTI ([email protected]) plus the

EMN Service Provider. The full timetable for the delivery of the various reports is set out below:

mailto:[email protected]

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Timetable for deliverables

EMN Annual Policy Report Commission's 6thAnnual Report on

Immigration and Asylum (2014)

12th December

2014

Finalisation of discussions on the

specifications following 70th EMN

NCP meeting.

End December

2014

Finalisation of specifications and

launch of activity.

February 2015 Review of progress made, including

any clarifications on the

specifications at the 71st EMN NCP

meeting.

31st March 2015 Submission of Statistics Annex (full

year as far as possible)

Submission of National Reports

(Part 2) Internal consultation for adoption of

Annual Report by Commission and

translation. April/May 2015 Development of EMN Informs and

Country Factsheets on relevant

themes; discussion of EMN Informs

at EMN NCP meeting. (details tbc).

May 2015 Adoption of the Commission's 6th

Annual Report on Immigration and

Asylum.

June 2015 Finalisation of EMN Informs at

EMN NCP meeting and publication

of EMN Country Factsheets.

Debate foreseen at the European

Council meeting.

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ANNUAL REPORT 2014

ON MIGRATION AND ASYLUM POLICY (PART 2)

IN [(MEMBER) STATE]

Executive Summary

This should summarise the key findings of your National Report specifically targeted at your

national audience. In the absence of comparable sub-sections, EMN NCPs are also encouraged to

try to highlight main issues/debates for the Service Provider that might be of interest for inclusion in

the Country Factsheet or the APR-related Informs.

1. INTRODUCTION

EMN NCPs may wish to state the aims of the report as related to their national audiences, making

references to the methodology and definitions given in Annex to your National Report (where

applicable).

2. OVERVIEW OF ASYLUM AND MIGRATION POLICY DEVELOPMENTS

This Section may be used to set the general context in which the specific developments are to be

described later. This may include an overview of relevant political developments, policy and

legislative debates, plus broader developments which affected multiple areas within asylum and

migration.

Suggested pointers based on previous national reports:

general political developments, e.g. elections on regional or national levels, government

changes/reshuffles, appointment of new Ministers responsible for asylum, migration and/or

integration;

On 28 December 2014 presidential elections were held in the Republic of Croatia. In

second election round, held on 11 January 2015, presidential elections were won by Ms

Kolinda Grabar-Kitarović, member of Croatian democratic Union, biggest opposition

party. Ms Grabar-Kitarović defeated former president, Mr Ivo Josipović, supported

during elections by governing Social Democratic Party.

general overview of main policy and/or legislative changes plus debates that have occurred

on migration and asylum issues during the reference year. Main policy and/or legislative

debates could include, for example, parliamentary debates, contributions from civil society

and/or migrant organisations and/or academia, plus debates undertaken within broadcast or

published media (e.g. newspapers);

During 2014, the draft of suggestion of Act on international and temporary protection

was made. Draft has been finished and in the end of January 2015 it was sent to all

state administration bodies to their opinion and to consultations with public. Final

proposal of the Act will be directed to the procedure in the Government of Republic of

Croatia till 20 April 2015. The goal of making the new Act is harmonisation with

acquis communitaire of the European Union.

At the end of 2014, new Act on amendments of the Act on administrative disputes has

been accepted (OG n. 152/14). This Act proscribes that parties have the right to appeal

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against judgments of administrative courts to High administrative court, and that this

appeal has suspensive effect.

During 2014, Ministry of Interior and Croatian Law Centre, organisation of civil

society, signed new Agreement on cooperation which is defining mutual cooperation.

Institute of social sciences Ivo Pilar and Centre for peace studies (CPS), organisation of

civil society, on 9 June 2014 organised „Discussion: Asylum policy in Australia and

European Union“. Participants were dr.sc. Tania Penovic, Monash University:

Outsourcing Australia's protection obligations, bilateral arrangements for asylum

seeker transfer in Asia Pacific, and doc.dr.sc. Gorana Lalić-Novak, Faculty of Law of

Zagreb University, Asylum Processing in Croatia and the externalization of EU

Asylum Policy. The discussion was focused on externalizations and outsourcing of

asylum and immigration policy in Australia and European Union, with brief overview

on the situation in Croatia.

Radio HRT emitted on 25 December 2014 emission „Dossier Europa“ with questions

does the question of migrants in Europe is reduced on safety or humanitarian problem

and did the membership in the European Union influenced on higher number of illegal

entries in Croatia. Participants in the emission were: Drago Župarić Iljić from

Institute for migrations and nationalities, Krešimir Perović from Service for aliens and

asylum of the Ministry of Interior, and Ivana Dragičević, journalist of HRT, who

recently came back from Lampedusa and registered tragic destinies of immigrants in

front of European Union door.

Within the HRT project Anima, Ivana Dragičević and Dinko Cepak recorded a

documentary movie „Hotel Europa“. On 23 November 2013, authors went with

automobile from new European border, the Croatian one, on a trip towards

Lampedusa, first border point of European Union which thousands of illegal

immigrants from Near East and Africa are trying to reach. On daily basis, authors

recorded all the „process“on the work on this journalist story, on blogs on the web

(anima.hrt.hr) and on social networks ( FB, Twitter, Instagram).

During 2014 the draft proposal of the new Foreigners Act was made, which has been

sent to all national authorities for opinion and public counselling. The final proposal of

the Act shall be sent in procedure to the Government of the Republic of Croatia till the

25th of May 2015.

any broader policy changes which affected multiple themes and topics within asylum and

migration (e.g. affecting both legal / managed migration and asylum;

For those Member States who held the Presidency of the EU during 2014 (Greece and Italy),

but also immediately prior to i.e. in 2013 (Lithuania) and after i.e. in 2015 (Netherlands and

Luxembourg) provide an overview of the main plans, developments and/or achievements

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Suggested guidelines for the structure and content of Sections 3 - 9

Sections 3-9 focus on national developments in the seven areas of asylum and migration policy as

set out above.

Pointers for completing this section based on previous national reports might include:

Brief overview of the situation as it existed before the reference period, if this is considered

essential for the understanding of the national audience (based on, for example, previous

Annual Policy Reports (2013 and earlier years, if relevant)

Details of all policy and legislative developments, as well as any specific debates that have

taken place in 2014, of interest to national audiences. Legislative developments could

include changes in, for example, the constitutional law, case law, court decisions, relevant

decrees, etc; debates could include parliamentary debates, contributions from civil society

and/or migrant organisations and/or academia, plus debates undertaken within broadcast /

published media..

Examples of where information provided by the EMN (e.g. through EMN Studies, Reports,

Ad-Hoc Queries) has served to inform national policy development (e.g. has the work of the

EMN been referenced in a policy proposal) or any other impacts of the EMN.

Any specific gender dimensions, where of interest also to national audiences.

3. LEGAL MIGRATION AND MOBILITY

Referring also to section I.1 and I.2 of the introduction to these specifications, outline all

developments in your (Member) State in relation to legal / managed migration and mobility of

third-country nationals.

Regarding the legal migration, we stressed that the valid Foreigners Act (Official Gazette No.

130/11 and 74/13) is harmonized with a of total 22 acts of the EU acquis – Directives,

Decisions, Resolutions and Recommendations.

The above mentioned Act regulates conditions for the entry, movement, residence and work

of foreigners as well as working conditions and rights of workers assigned to work in the

Republic of Croatia. Among others, it contains provisions for regulating temporary residence

for the purposes of family reunification, secondary education and study, scientific research,

and provisions relating to entry, residence and work of nationals of the EEA member states

and their family members, residence and work of highly qualified third-country nationals

“EU blue card” and provisions relating to residence and work of third-country nationals who

have been granted permanent residence in another EEA member state and of their family

members.

Pointers for specific issues for this section relevant to national audiences and based on previous

national reports might include developments associated with:

Economic migration

In 2014 there have not been any changes regarding the foreigner’s status regulation of a

foreigner working in the Republic of Croatia.

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In accordance with provisions of the valid Foreigners Act, a foreigner in the Republic of

Croatia can work on the basis of a issued residence and work permit or a work application if

it is not prescribed differently.

A residence and work permit may be issued based on the annual quota and outside the

annual quota.

The annual quota for the employment of foreigners is set by the Decision of the Government

of the Republic of Croatia for the following year, in particular as regards the extension of the

already issued work permits and a new employment. The Ministry responsible for labor

makes a proposal for the annual quota for employment of foreigners on the basis of the

opinion of the Croatian Employment Institute, the Croatian Chamber of Economy, the

Croatian Chamber of Crafts and representatives of social partners.

The annual quota for the employment of foreigners is determined in accordance with the

migration policy and taking into account conditions on the labor market. Within the annual

quota for the employment of foreigners, activities and professions where employment shall be

permitted and the number of work permits for each of these activities shall be determined.

The annual quota for the employment of foreigners may also determine a quota for seasonal

employment.

For 2014 the “Decision on determination of the annual quota foreigners working permits for

the calendar year 2014” (Official Gazette No. 151/13) was in force, and with this for 2014 a

total annual quota of foreigners working permits foresees 2256.

Of these - 2000 permits are foreseen for extension of already issued permits, 239 permits for

new foreigner’s employment, and for seasonal employment 17 permits are foreseen.

Residence and work permit outside the annual quota may be issued to third country nationals

as prescribed under Foreigners Act.

Highly qualified third-country national can be issued with the residence and work permit EU

blue card, which at the same time is regarded as an approval for temporary residence and

work.

Family reunification

In 2014 there were no changes in the regulation of the third country nationals status

regarding the family reunification.

In accordance with provisions set by the valid Foreigners Act, a temporary residence for the

purposes of a family reunification can be issued to a foreigner who meets other conditions as

prescribed under Foreigners Act, and is a who is a member of the nuclear family of the

foreigner who was granted permanent residence, foreigner who was granted temporary

residence, foreigner who was granted protection pursuant to provisions of the Asylum Act.

Within the meaning of this Act, the following persons are considered as members of the

nuclear family: spouses, common law partners, minor children of married couples and

common law partners, their minor adopted children and minor children of each of them,

who have not formed families of their own, parents or adopted parents of minor children.

Exceptionally, any other relative may also be regarded as a member of the nuclear family of

a Croatian citizen or a foreigner granted temporary or permanent residence and a foreigner

granted asylee status, if there are special personal reasons or serious humanitarian grounds

for the family reunification in the Republic of Croatia.

In the event of a polygamous marriage, family reunification at the territory of the Republic

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of Croatia shall be permitted to only one spouse.

Family reunification shall not be authorized if a spouse or a common law partner is married

or is in a long-lasting relation with another person.

Within the meaning of this Act, the common law marriage means the union of life of

an unmarried woman and unmarried man of at least three years in duration or shorter if a

child was born into such a union.

Exceptionally, a member of the nuclear family of a foreigner residing in the Republic of

Croatia on the basis of the valid residence and work permit issued for the period of one

year in accordance with annual quota set for employment of foreigners, may be granted

temporary residence for the purpose of family reunification, only if a foreigner with whom

reunification is requested in the Republic of Croatia has already been granted temporary

residence for at least 2 years.

Temporary residence for the purpose of family reunification shall not be granted to a family

member of a foreigner who has been granted temporary residence and work permit for the

purpose of seasonal work.

Students and researcher

In 2014 there were no changes in the regulation of third country national’s status regarding

the students and scientific researchers. In accordance with provisions set by the valid

Foreigners Act , a temporary residence for the purposes of a family reunification can be

issued to a foreigner who meets other conditions as prescribed under Foreigners Act,

provided that he: 1. is studying at a higher education institution of the Republic of Croatia, 2.

is arriving under the exchange of students, i.e. mobility of young persons, or 3. is arriving for

the purpose of internships through the authorized institution or following international or

inter-university agreements.

A temporary residence permit for the purpose of studies shall be issued for the term of

validity of up to one year, i.e. until the end of the academic year.

Temporary residence for the purpose of scientific research shall be granted to a foreigner if

he has concluded a visiting contract and meets the other conditions as prescribed under

Foreigners Act except for the condition referring to health insurance.

A temporary residence permit for the purpose of scientific research shall be issued with the

term of validity of up to one year. A foreigner whom temporary residence for the purpose of

scientific research has been granted shall be entitled to tax rebate in conformity with the

related regulations of the Republic of Croatia.

A foreigner who has concluded a visiting contract in the EEA Member State and based on

which he was granted residence in the state concerned, may, in order to conduct his research,

reside in the Republic of Croatia for a period of up to three months without a residence and

work permit or a work registration certificate, provided that he has funds to support himself

and does not represent a danger for public order, national security and public health.

A foreigner who has concluded a visiting contract in the other EEA Member State, based on

which he was granted residence in the state concerned, and if he wants to work in the

Republic of Croatia for the period longer that three months for the purpose of conducting his

research, shall be obliged to regulate temporary residence for the purpose of scientific

research.

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Other aspects of legal migration

Integration, naturalisation and citizenship

With the valid Foreigners Act the measures for foreigners integration are not specifically

prescribed, however the same stems from the provisions of the Act, for example right to work

without a residence and work permit or a work registration certificate if it is the case of a

foreigner granted permanent residence, asylum, subsidiary or temporary protection,

temporary residence for the purpose of family reunification with a foreigner on permanent

residence, an asylee and a foreigner who was granted subsidiary or temporary protection,

temporary residence under humanitarian grounds, autonomous residence, the status of a

regular scholar or student where they perform their work through authorized agents, without

contracting employment and temporary residence for the purpose of scientific research.

Also, standards relating to the foreigners rights on temporary and permanent approved

residency are implemented in the new Foreigners Act, for example with this Act special rights

in employment relation are prescribed.

Foreigner issued with the residence and work permit and the above said category of a third

country nationals who can work without residence and work permit, shall be granted working

conditions at the level of rights stipulated by the laws of the Republic of Croatia and by

collective agreements , implementation of which is, by a special regulation, expanded to

include all employers and workers at a specific territory, branch or working area, namely the

following working conditions: prescribed maximal working hours and minimal rest-time,

minimal duration of a paid annual leave, minimal salary, including an increased salary for

over-time, health protection and safety at work, protection measures for work of pregnant

women, women with recently born babies and who breast-feed them and of minor workers,

prohibition of discrimination.

This category of foreigners are also entitled to an occupational training, education and

student scholarships, social welfare, the rights arising from pension, health insurance and the

right to child allowance, as well as to mother and parents allowance, tax benefits, access to the

market of goods and services, freedom of making association and connection and to become a

member of organizations representing employees or employers or of organizations whose

members perform a special occupation, including the remuneration provided by such

organizations to their members. These rights a foreigner shall exercise in accordance with the

regulations of the Republic of Croatia that regulate the referred fields.

Working conditions shall also be guaranteed to an assigned worker, who is by a foreign

employer, assigned to work for a limited period of time, namely prescribed maximal working

hours and minimal rest-time, minimal duration of a paid annual leave, minimal salary,

including an increased salary for over-time, health protection and safety at work, protection

measures for work of pregnant women, women with recently born babies and who breast-feed

them and of minor workers, prohibition of discrimination. Working conditions shall be

guaranteed at the level of rights stipulated by the laws of the Republic of Croatia and by

collective agreements , implementation of which is, by a special regulation, expanded to

include all employers and workers at a specific territory, branch or working area,

Pursuant to Foreigners Act, one of the conditions for granting permanent residence is that a

foreigner knows the Croatian language and the Latin script and who has knowledge of the

Croatian culture and the social system.

Foreigner granted permanent residence is entitled to: work and self-employment,

occupational training, education and student scholarships, social welfare, the rights arising

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from pension, health insurance and the right to child allowance, as well as to mother and

parents allowance, tax benefits, access to the market of goods and services, freedom of

making association and connection and to become a member of organizations representing

employees or employers or of organizations whose members perform a special occupation,

including the remuneration provided by such organizations to their members.

A foreigner shall exercise the rights in accordance with the regulations of the Republic of

Croatia that regulate the referred field.

Managing migration, including visa policy and Schengen Governance.

4. INTERNATIONAL PROTECTION (ASYLUM)


developments in your (Member) State in relation to international protection (asylum).



International protection procedures

In mid-December 2013 Act on amendments of Asylum Act came into force. Implementation of

this Act during 2014 contributed to faster solving of applications, notably of repeated

applications, giving the fact that amendments of this Act proscribed that repeated

applications can be rejected, meaning that it is not necessary to analyse the meritum of such

application, if asylum seeker does not provide for new facts and circumstances. Although the

procedure accelerated in that sense, during 2014, along with decrease of number of asylum

seekers the increase in number of repeated applications was registered.

Moreover, Republic of Croatia has taken activities with the goal to further educate officers in

the field of asylum: 7 officers were educated through EASO Training Curriculum: Inclusion

and Country of Origin Information. Through two national educations, approximately 80% of

officers were educated in the field of asylum (Reception centre for asylum seekers and

Department for asylum).

Reception of applicants of international protection, including information on the reception of

applicants from specific third countries (e.g. Syria, Afghanistan, Western Africa)

In July 2014, Ministry of Interior finished renovation of open Reception centre for asylum

seekers in Kutina. Reception centre in Kutina is designated for accommodation of vulnerable

groups of asylum seekers and is designated to accommodate 100 persons, besides the

Reception centre in Zagreb, whose reception capacities are for maximum 600 persons.

Reception capacities fulfil the needs of accommodation of asylum seekers in the Republic of

Croatia, notably considering the fact that there were 453 registered asylum seekers in 2014,

which is a significant decrease in relation to previous years (2011-807; 2012-1195; 2013-1089).

While accommodating asylum seekers, their personal circumstances as well as ethnic and

religious affiliation are taken in account.

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Integration of asylum seekers / persons with international protection status

In the field of integration, for the purpose of better integration and providing help to persons

with international protection, one more officer is employed in the Ministry of Interior and

contact persons in state administration bodies were nominated. Also, brochure for integration

of foreigners into Croatian society started to be made, and the brochure should be printed

during 2015. With the goal of better integration, meetings of Permanent committee for

implementation of integration of aliens into Croatian society were held.

5. UNACCOMPANIED MINORS AND OTHER VULNERABLE GROUPS1


developments in your (Member) State in relation to unaccompanied minors and other vulnerable

groups.



Unaccompanied minors (seeking asylum)

Decrease of number of unaccompanied minor asylum seekers has been noted: in 2014, 10

unaccompanied minor asylum seekers has been registered, which is a significant decrease in

relation with previous years (2011 – 197; 2012-70; 2013-55). Since July 2014, unaccompanied

minor asylum seekers were accommodated in renovated Reception centre for asylum seekers

in Kutina.

Unaccompanied minors NOT seeking asylum .

In accordance with the provisions of the Foreigners Act, temporary residence can be granted

to a foreigner if he is a minor who was abandoned, or who was a victim of organized crime, or

who, for some other reasons, remained without parental protection, guardianship or who

remained unaccompanied. Exceptionally, when applying for the permanent residence the

above said category of foreigners shall not be required to meet the conditions regarding the

means of supporting himself and health insurance.

Other vulnerable groups

As previously mentioned, for the purpose of accommodation of vulnerable groups of asylum

seekers Reception centre for asylum seekers in Kutina was renovated and became functional

in July 2014.

Regarding the regulation of status accordnig to the Foreigners Act of the other vulnerable

groups, temporary residence can be granted to a foreigner:

1 As well as unaccompanied minors and victims of trafficking in human beings, ‘vulnerable groups’ include minors,

disabled people, elderly people, pregnant women, single parents with minor children, persons with mental health

problems and persons who have been subjected to torture, rape or other serious forms of psychological, physical or

sexual violence, based on the definition of ‘vulnerable group’ in the proposed recast of the Directive laying down

minimum standards for the reception of asylum seekers (“Receptions Directive”).

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- if he, being a victim of trafficking in persons has accepted a program of assistance and

protection,

- to a foreigner who, before submitting an application, had a refugee status for the period of

10 years at least, or who has been included in the programme of reconstruction, return and

housing care of refugees originating from the Republic of Croatia, which shall be proved by a

certificate of the competent state body for refugees,

- if he cooperates with the competent bodies and his participation is essential in the criminal

procedure being conducted against the employer who employed him illegally,

- under serious justified grounds of humanitarian nature (for example temporary residence

can be issued to the domestic violence victims).

6. COUNTERING TRAFFICKING IN HUMAN BEINGS

Referring also to section I.1 and I.2 of the introduction to these specifications, outline developments

in your (Member) State in relation to countering trafficking in human beings.



Awareness raising on the issue of trafficking in human beings

The “Two Girls” campaign is implemented with the goal of preventing the trafficking

in women and girls with the aim of sexual exploitation, and it was launched in 2013 by

the Centre for Education, Counselling and Research (CESI), together with the Police

Directorate, the Embassy of the United Kingdom of Great Britain and Northern

Ireland, the Ombudsman for gender equality, and the Office for Human Rights and

Rights of National Minorities. The “Two Girls” campaign is focused on raising

awareness about the risks that the potential victims of THB are exposed to, and on

educating girls how to recognize potentially dangerous situations, and strengthening

prevention and protection.

So far, 13 European states were involved in the campaign, and in Croatia, the campaign

was launched on 17 September 2013 in Zagreb. So far, eight activities were

implemented within this campaign with participation of the Police Directorate of the

Ministry of Interior, at five different locations: four in the city of Zagreb, and one in

Šibenik, Krapina, and at the Bajakovo-Batrovci border crossing respectively.

Activities planned within the campaign will be implemented as workshops aimed at

mitigating the risk factors and strengthening the protection mechanisms. Preventive

programmes are targeted at population between 13 and 17 years of age.

In the same way, in relation to the campaign to reduce demand, we especially

emphasize the campaign by the Office for Human Rights and the Rights of National

Minorities. On 18 October (European Anti-Trafficking Day) the Office for Human

Rights and the Rights of National Minorities launched a public campaign aimed at

raising awareness of potential users of services of victims of trafficking in human

beings. The campaign slogan is, "If you are a real man, you won't buy a woman". The

campaign was presented at the session of the National Committee for Combating

Trafficking in Human Beings, held precisely on 18 October 2013. Also, in order to

present the campaign to the public, the Office organized a public event on the Flower

Square in Zagreb. During this event, the competent institutions, civil society

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organizations and international organizations in the Republic of Croatia, presented

their projects and activities in the field of combating trafficking in human beings.

The campaign will last for a year, and includes the creation of flyers, city light posters,

and jumbo posters, and launching a Facebook page.

The European Anti-Trafficking Day was marked in cooperation with other competent

state bodies, institutions and civil society organisations from the Republic of Croatia,

through the central event at the Cvjetni trg in Zagreb, and in various police

administrations in cooperation with partners in their local communities.

Evaluation of awareness raising campaigns is conducted by monitoring the SOS help

line and registering the increased number of calls made during the campaign. Also, it is

evaluated through the Report on the Implementation of the National Plan for

Combating Trafficking in Human Beings.

Coordination and cooperation amongst key actors

In relation to the institutional framework, there have not been any significant changes. The

national system of combating trafficking in human beings consists of:

The National Anti-Trafficking Coordinator

The National Committee for Combating Trafficking in Human Beings

The Operational Team of the National Committee for Combating Trafficking in Human

Beings

The National Anti-Trafficking Coordinator leads and coordinates all activities connected with

combating trafficking in human beings. He leads the sessions of the Operational Team.

The position of National Coordinator was established by the Ruling on Amendments to the

Ruling on the Establishment of the National Committee for Combating trafficking in human

beings.

The National Committee for Combating Trafficking in Human Beings was established on 9

May 2002 and the latest Decision to establish it was adopted by the Government in March

2012.

The members are: representatives of all relevant ministries and government agencies (the

Government Office for Human Rights and the Rights of National Minorities, the Ministry of

the Interior, the Ministry of Health, the Ministry of Social Policy and Youth, the Ministry of

Foreign and European Affairs, the Ministry of Justice, the Ministry of Education, the Public

Prosecution Service, the Croatian Employment Service, non-government organisations

(PETRA network) and the media.

The president is the Deputy Prime Minister responsible for social welfare and human rights.

Its primary assignment is creating programmes and plans in the field of combating trafficking

in human beings, as well as regulating the most important political guidelines in that field. It

is an advisory body to the Government.

15

The Operational Team: established in order to resolve problems related to specific cases of

trafficking in human beings and to coordinate the activities of all parties involved in their

resolution.

Its members are representatives of all relevant ministries, government agencies and non-

government organisations.

The leader of the Operational Team is the National Coordinator who also convenes the

sessions of the Operational Team at least once a month.

Provision of information to victims

The Protocol on Identification, Assistance and Protection of Victims of Human

Trafficking, adopted in 2008, sets out the normative and procedural framework for the

identification of victims of THB.

A national referral mechanism was established to identify victims, deploying mobile

teams with NGO participation to identify and refer trafficking victims for assistance.

The National Referral System, which has been established, and was evaluated in the

first round of evaluation by GRETA, is still in force. Three national strategic plans

have been adopted and the new National Plan for Combating Trafficking in Human

Beings covers the period from 2012-2015.

Three Protocols have been adopted, which are: the Protocol for Identification,

Assistance and Protection of Victims of Trafficking in Human Beings (2008, amended

and supplemented in 2010), the Protocol on Conduct in the Voluntary Return of

Victims (2009) and the Protocol on Integration/Reintegration of Victims of Trafficking

in Human Beings (2011).

The following cooperation agreements have been concluded: The Agreement on

Cooperation between the Office for Human Rights and the Petra Network (2007), the

Agreement on Cooperation between the Ministry of the Interior, the former Ministry of

Health and Social Welfare, and non-governmental organizations for provision of

assistance and support to victims of trafficking in human beings (2008), and the

Agreement on Cooperation in relation to the SOS phone line for assistance to victims,

between the Office for Human Rights, the Ministry of the Interior and the Petra

Network (2010).

The National system of combating trafficking in human beings consists of:

- the National Committee for Combating Trafficking in Human Beings

- the Operational Team of the National Committee for Combating Trafficking in

Human Beings

- the National Coordinator for Combating Trafficking in Human Beings

The system of combating trafficking in human beings established in the Republic of

Croatia includes the active work of a large number of state administration bodies and

non-governmental organizations.

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The bodies included in the work to combat trafficking in human beings are: The

Ministry of Foreign and European Affairs, the Ministry of the Interior, the Ministry of

Justice, the Ministry of Health, the Ministry of Social Policy and Youth, the Ministry of

Science, Education and Sport, the Ministry of Defence, the Public Prosecution Service

of the Republic of Croatia, the Office for Combating Corruption and Organized Crime

(USKOK), and the Office for Human Rights and the Rights of National Minorities of

the Government of the RC, the Croatian Red Cross, and the network of associations:

PETRA - network of non-governmental associations promoting women's human rights.

A change took place in relation to the National Committee for Combating Trafficking

in Human Beings, which was first founded by a Decision of the Government of the

Republic of Croatia in 2002, and the latest Decision on its foundation was adopted by

the Government of the Republic of Croatia in March 2012.

The National Committee is responsible for adopting programmes and plans in the area

of combating trafficking in human beings, and proposes the most important political

guidelines in this area. It was founded as a multi-disciplinary, inter-departmental body,

in which representatives were appointed of all the relevant bodies of state

administration, international organizations and non-governmental associations, which

should, each in its own field of competence, conduct activities in the area of combating

trafficking in human beings.

In relation to the current situation in the Republic of Croatia, the Office for Human

Rights and the Rights of National Minorities is continuing the activities it had already

begun in the area of combating trafficking in human beings. Regular meetings are held

of the Operational Team of the National Committee for Combating Trafficking in

Human Beings, which meets within the Office for Human Rights and the Rights of

National Minorities, and is chaired by the National Coordinator for Combating

Trafficking in Human Beings.

In all police districts there are determined police officers dealing with detection and

suppression of THB, who participate directly in the identification of victims and

perpetrators of this crime, in each individual case (in total, there are 26 police officers

in the Criminal Police, and 27 police officers within the Border Police).

In all cases where the victim of trafficking is a child or a minor, for the purpose of

initiating emergency assistance and protection, police officers for juvenile delinquency

and criminal protection of children and minors are engaged.

When there is information that a person might be a victim of trafficking, police officers

of the Ministry of Interior invite the co-ordinators of the competent mobile team who is

responsible for providing initial assistance and protection (including placing the

potential victim in a reception centre, shelter or other accommodation facility) to

participate in the identification interview. After the interview, the police determine if

the person can be identified as a victim of trafficking and if that is the case, the National

Coordinator and the Operative Team are informed without delay.

A national referral mechanism was established to identify victims, deploying mobile

teams with NGO participation to identify and refer trafficking victims for assistance.

7. MIGRATION AND DEVELOPMENT

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Referring also to section I.1 and I.2 of the introduction to these specifications, outline relevant

developments in your (Member) State in relation to migration and development.



Mitigating ‘brain drain’

Migrants’ remittances

Working with diasporas

8. IRREGULAR MIGRATION INCLUDING SMUGGLING

Referring also to section I.1 and I.2 of the introduction to these specifications, outline all relevant

developments in your (Member) State in relation to irregular migration including facilitation

(human smuggling).



National measures to reduce irregular migration

Regularisation

Criminal act "Illegal entry, movement and residence in the Republic of Croatia" under Art.

326. of the Criminal Code of Republic of Croatia

Based on the Law on foreigners it was adopted the Book of rules on amendments of the

Book of rules on the treatment of foreigners (Official Gazette 126/14). Monitoring of

forced returns is transposed into the Law on Foreigners and into the Book of rules on the

treatment of foreigners (Official Gazette 14/13, 86/13.)

The ground for the decision on the system/partner as well as the substance of this measure has

been set and in order to start with full implementation of monitoring practices a call for

selection of a monitoring organisation was published in November 2014 and the agreement is

expected to be signed during the 2015.

Based on the Law on foreigners it was adopted the Book of rules on free legal aid in the the

selection of providers of free legal aid was published. The free legal aid should be available

from February 2015.

Based on the Law on foreigners it was adopted Book of rules of the special protection of

minors in the return procedure (Official Gazette 99/14). The Book or rules came into force on

21th August 2014.

Living conditions of illegally-staying third-country nationals

Construction and equipping of the part of the facility in Sisak (facility belongs to Intervention

unit of the police) started 9th September 2014. This facility shall provide accommodation for

50 irregular migrants, and the end of construction is expected by the January 2015.

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During 2014 it was intensively work on finding open-type centres for temporary

accommodation irregular migrants in the return procedure.

Coordination and cooperation amongst key actors

According on bilateral agreements on police cooperation with third countries of origin and

possibilities to establishing JIT’s with third countries, as well as deployed Liasion officers in

third countries for faster exchange of informations.

Participating in the implementation of international and regional actions and projects aimed

for combating Illegal/Irregular migration (EMPACT, Interpol, Europol, SELEC, regional

and international police cooperation based on bilateral agreements) in order to exchange best

practices and to encourage the establishment of joint investigation teams for the detection of

crimes of smuggling and perpetrators.

On the 18th July 2013, The Government has adopted the Protocol on the treatment of children

separated from parents - foreign nationals. On the basis of the Protocol it was implemented

cooperation between the following government agencies: the Ministry of Interior, Ministry of

social welfare policy and youth, the Ministry of Health, the Ministry of Foreign and European

affairs, and the Ministry of Education.

Monitoring activities of smugglers and victims of smuggling

The organizers of the smuggling are mainly foreigners criminal organization run by outside

Croatian territory. Our territory still appears mainly as a transit area. Croatian citizens do

some work in terms of the stay in Croatia and further transport to other EU countries.

Criminal groups in the field of adaptive Croatian and the character of their area of interest

depends on the profitability of illegal activity, or market needs.

9. RETURN

Referring also to section I.1 and I.2 of the introduction to these specifications, outline all relevant

developments in your (Member) State in relation to return.



Measures to promote voluntary return

Croatia does not have assisted voluntary return, but it is planned to establish it by the end of

2015. Police encourages voluntary return in a way that when making a decision on return it

determines the period for voluntary departure, which is from 7 to 30 days. Also, police can

shorten and lift the entry ban, if the foreigner has left the EEA in accordance with the return

decision.

19

Measures to improve the conditions of return

Activities of construction of the new facility for minors and other vulnerable groups of

irregular migrants in Reception Centre for Foreigners Ježevo, financed through an IPA 2011

project (project was nominated in January 2011) , were started 5th May 2014, and are

expected to be finished by the end of 2015. Accommodation capacity is for 29 persons.

In refer to construction of the transit centre for foreigners Tovarnik, near Eastern border, in

2014 was signed a contract with the contractor and with the provider of expert supervision.

The capacity of the new center is 62 persons. Construction will begin in January 2015, and the

works will last 8 months.

Now is in progress construction of the new transit centre for foreigners (and border police

station) Trilj at the south of Croatia. Accommodation capacity is for 62 persons. Construction

started 22th May 2014, and it will last 20 months.

Cooperation on joint return actions

In the 2014 the police officers of the Ministry of Interior participated in the FRONTEX

meetings regarding the organization of joint return flights. Also, during 2014, four police

officers of the Ministry of Interior passed FRONTEX's training for escort leaders.

In the first quarter of 2015 we shall begin to participate in joint return flight.

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APR NATIONAL REPORT PART 2: ANNEXES

ANNEX A: METHODOLOGY AND DEFINITIONS

Methodology

This section should include brief information on how the report was produced and who contributed

to it. Information to be provided should include the following:

Methods used in identifying and selecting sources of information, legislative and statistical

sources used and whether the previously given criteria used to define what is considered as a

‘significant development/debate’ was modified in any way;

An overview of the type and sources of information used, including statistics;

Which, if any, organisations/institutions/individuals were contacted to obtain the relevant

information;

Any problems that were encountered;

20

Whether any aspects (or statistics) could not be addressed (or provided) in accordance with

these specifications. If alternative information was provided, one should outline how the

alternative information should be interpreted in relation to what was requested in these

specifications;

Whether there are any reservations/caveats one should apply to any of the included

information and, if so, how.

It is particularly important to provide appropriate detail(s)/reference(s) to developments cited. For

example, provide details of the reason(s) why a cited development (e.g. institutional change)

occurred to avoid making the information seem anecdotal. Similarly, for media reports, and this is

linked to the approach used for describing a significant development/debate, provide details of the

rationale followed for describing a particular development.

Terms

To the extent possible, terms and their definitions as given in the EMN Glossary should be used. If

this is not possible for some term(s), or they do not exist in the Glossary, then this section should

provide the (national) definitions used.

Where different and appropriate, ‘national’ definitions should be compared with definitions used in

any relevant EU Directives or other EU legislation. If definitions are the same in national and EU

legislation, this should be highlighted.

ANNEX B: IMPLEMENTATION OF EU LEGISLATION

The purpose of this Section is for you to provide information on how policy and legislative

developments at and decisions taken by the EU have had an impact at national level, e.g. in terms of

modifications to national policy and/or legislation and/or practices resulting from such EU

developments.

Detail any experiences, debates, both at political level and within wider society (e.g. issues raised

by migrant (support) associations, academia) in the implementation or non-implementation (in

which case outline the reasons for this) of the most significant EU legislation in asylum and

immigration, both for directives previously (before 2013) transposed into national legislation, as

well as those transposed during 2013. Any impact or changes or experience with the entry into force

of EU re-admission agreements, including with respect to bilateral agreements which existed

before, can also be included.

Include also any inter-(Member) State experiences (good or bad) in the implementation of EU

legislation (e.g. differences in treatment of nationals compared to other EU and/or third country

nationals, consequences at national level in exercising of right to free movement). The purpose is to

identify any consequences as a result of approaches that may be taken by another (Member) State

for which a (positive or negative) impact in your (Member) State has been observed.

Indicate also, whenever possible and if applicable, where information provided by the EMN (e.g.

through Studies, Reports, Ad-Hoc Queries) has served to inform such developments. In addition,

and if known, indicate if information from other sources (e.g. IOM, ICMPD, GDISC, OECD) has

been used to the same purpose. In particular, this section should identify aspects/topics which might

merit further consideration by policymakers.

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ANNEX C: NATIONAL STATISTICS

Please include here any national statistics relevant to the thematic sections 1-9 (if not integrated

into the text. You may wish for example, to include tables of data, making specific reference to

(aspects of) these in the narrative sections.

THB

In 2013 and continuing in 2014, we point out as a significant trend the rise in the number of

juvenile victims of trafficking in human beings, for the purpose of sexual exploitation, who

are citizens of the Republic of Croatia. Over the past 4 years there has been a noticeable

trend that almost all foreign victims were citizens of Serbia, and Bosnia and Herzegovina,

which demonstrates the trend mentioned earlier that the Republic of Croatia is a destination

country for victims from the region. Also in 2013 a rise was recorded in the total number of

victims identified and in 2013 a total of 31 victims were identified. Almost half the identified

victims were juveniles (mostly females that had been sexually exploited or males exploited for

forced begging. In the meetings of the Operational Team special attention was given to this

phenomenon and juvenile victims received help and assistance within the Croatian social

welfare system. In 2014, 37 victims of trafficking in human beings have been identified.

Idientified victims by citizenship in 2014.

citizen No.

Bosnia & Herzegovina 3

Croatia 33

Romania 1

total 37

MIGRANT SMUGGLERS (STATISTICAL)

NUMBER OF SUSPECTS CHARGED/PROSECUTED FOR MIGRANT SMUGGLING: 80

2010. 2011. 2012. 2013. 2014.

„Illegal entry, movement and stay in RoC”,

article 326. of Criminal law 89 88 184 176 140

Number of criminal offences in period 2010. – 2014.

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ANNEX D: BIBLIOGRAPHY/REFERENCES/SOURCES

Please include here any relevant references or information sources used in compiling the National

Report (Part 2).

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