(Dalla Croazia giunge questo appello dell'Associazione degli ex ufficiali dell'Armata Popolare Jugoslava, che denunciano la violazione dei loro diritti umani in particolare per il mancato pagamento delle loro pensioni. In Croazia è il momento opportuno per porre simili questioni poichè il paese è nella fase preliminare per la adesione alla UE: per l'accettazione la Croazia deve rivedere alcune normative e adempiere ad una serie di obblighi.)
Inizio messaggio inoltrato:
Da: Vladimir KapuralinData: 03 marzo 2010 1:36:34 GMT+01:00Oggetto: International appeal Socialist Workers Party of CroatiaIntroductory note
We would like to notify the drastic uncivilized act of
jeopardizing existencies of the entire
category of the Croatian citizens, that has already been lasting
for two decades in manner that has never had precedent within
this region of frequent social- political turbulences, for the
last century and a half at least.
Consequently we would like you if possible, to utilize your
presence and influence in the European and other institutions,
as well as on the common political scene, to urge them and
spread the news on the intolerable practice.
The present moment is evaluated and assessed as suitable for such
an activity, due to the current negotiations between the EU and
Croatia, on opening the Legal system Chapter within the
pre-admittance proceedings' frame.
With the high expectations of your good judgement and
understanding we remain.
With the cordial comradely regards on behalf of
Pula, 25 February 2010
The International Relationships Dep.
Vladimir KapuralinSOCIJALISTIČKA RADNIČKA PARTIJA HRVATSKESOCIALIST WORKER´S PARTY OF CROATIAHeadoffice Hr 10000 ZAGREB, Pavla Hatza 14 Tel/Fax 00385 1 4835340ODJEL ZA ODNOSE S INOZEMSTVOMDEPARTMENT FOR INTERNATIONAL RELATIONSe-mail: vladimir.kapuralin @ pu.t-com.hr
Former officers of ex Yugoslav Peoples' Army strive for human rights
Since the beginning of 1992 , fomer officers of ex YPA, who attained their legal right for retirement after 8 October 1991, have been deprived of their pensions due to the discriminating Law of the Republic of Croatia. Many of them have passed away , without receiving their pension, but there are still 4.500 of them alive.
That number can not be considered just as «individual cases», but as significant category of lawlessly deprived citizens.
In addition to them, there are numerous ex YPA officers retired before 8 October 1991, whose pensions have been reduced to less than 50% of the legally earned ones, which makes the
total of more than 10.000 people involved.
Although obliged by it's Constitution, the international law, the obligatory law and compulsory statements signed at the international councils, the Republic of Croatia has failed to solve formal status of the former YPA officers accordingly.
Contrary to what has been compelled to the EC in August 1991- take over and inplementation of the existing Law on retired and disabled citizens' insurance, as the Republic of Croatia law to be unrestrictedly complied with, it remained declarative.
Based on above mentioned obligations the Croatian Assembly on it's session held on 28 Decembre 1991, adopted the Law on taking over the Federal law on retirement insurance of the military personnel, to be implemented in the RC as the Republic's law ( published in «TheLegal Regulations Issue» no.73/91).
Although brought to power on 1 January 1992, it was obeyed but negatively, since its regulations failed to be effectuated, general obligations betrayed and the above mentioned category of citizens have never received their pensions, so far.
Not until 1 May 1992 commenced payment of 50% reduced pensions, but only to the accounts of fewer number of the former YPA retired officers ,who happened to obtain the
Croatian citizenship document, while others have been put aside for several years-as being
obstructed and lacking citizenship as the crucial condition for the obtainable pensions .
That was the way of executing a perfidious ethnic cleansing.
By the end of 1993 , the Croatian assembly has established the law on executing the rights of
retired and disabled pension insurance of the former YPA personnel, by which their rights were levelled to those of the labourers and the payment was regulated by the Government's decree.
Nowadays, their service-years in former YPA have been recognised, unlike their effectuated incomes. That resulted in the fact that some of them have received their pension in totals of barely few tens of kunas ( approx. 10-15 euros), due to recognition of just the part of their service- incomes earned in the independent Republic of Croatia.
As a consequence of this Law, the House of Commons- the RC Assembly has violated two principles: the principle of inviolability of formerly acquired rights, as well as the principle of international legal obligations determined by convention and signed by the successors of ex Yugoslavia. This law is simultaneously unconstitutional as being contradictory to the international law. Therefore as the former military pensioners' rights to acquire their pensions were legally recognized by the positive regulations of the former Federation, their once attained rights can not be revised nor interpreted dismissively.
The other RC civic categories of former Federation's officials-such as ambassadors, consules, prime ministers or federal secretaries (ministers), custom and police officials and personnel in general have not been deprived of their formerly attained rights by any law.
All the newly constituted republics-newly borned states-constituents of the former Yugoslavia
have confirmed all the formerly acquired rights of the military pensioners except the RC.
Even the defamed Independent State of Croatia ( shortly existed in the IIWW period) used to
recognize pensions of all the ex Yugoslav Monarchy's military officers, including Serbs, who were by that time persecuted just as Jews and Roms.
Claims that contributions have not been funded to the RC retirement funds are untenable as it is commonly known that the quota system of funding functioned until 1991, through
the 20% payment rate funded by the YPA, while 80% portion funded by the former republics and two autonomous districts.
On June 22 1994 , the late president Franjo Tudjman has promissed to intervene and amend the injustice done, but that never happened.
The constitutional legal fact about undoubted citizenship of all the officials of the YPA was
based on article 249 of the SFR Yugoslavia's constitution from 1974, regardless in which of the republics or districts their assignment was , or wherever they were retired , before the state's brake-down.
If the RC is entitled to succession it concequently means an obligation to ensure all the formerly attained rights to the former military personnel-citizens who are not categorized as asylants, optants, or apolites, but as citizens with legal citizenship in accordance with the law and the constitution.
Nowhere throughout the European states or worldwide occures discrimination of the former military personnel ( like YPA's officers), but in Croatia. Elsewhere in the world the military officers effectuate their retirement rights in accordance with particular legal regulations, a bit more beneficial in comparison with other labourers, due to specific responsibilities of their service.
In addition to the above mentioned facts, there have been numerous illegal displacements, that
agitated European and global public scene. Those displacements as well as other unsolved
hard-hearted events are sufficiently illustrative for an insight to human rights situation in Croatia.
Since this association of the RC citizens has attempted to address innumerable institutions, associations and individuals without a favourable outcome, we addressed the European Council in Strassbourg as well.
Beside all the already quoted laws, such a misdeed towards the former YPA officers is directly opposed to the Universal Declaration on Rights-relating social rights , the Convention
of the International labour Organization, Treaty on human rights, the International Pact on economic, social and cultural rights, Parisian Charter for the new Europe, the International
Pact on civil and political right to peacetime insurance, acquired and based on legal regulations of the former SFRY, the RC obligations in accordance with the Obligatory Law, as well as with the articles 3,5,14,16,17,20,88 and 143 of the Constitution of the Republic of Croatia.
The former YPA officers' Association