Report on the Performance of Activities of the National Preventive Mechanism for 2015
Ever since the beginning of the crisis, several teams of the Office of the Ombudswoman made
26 unannounced visits to 17 locations where refugees stayed on their way through the Republic
of Croatia, especially border crossings, registration centres and facilities where they were
accommodated. Apart from that, good cooperation and regular contact was achieved with the
crisis headquarters, ministries, international organizations, civil society organizations,
volunteers, local communities and other stakeholders, which gave us a more detailed
perspective of the overall situation. The purpose of the visits was to determine how human
rights and dignity of the refugees were respected, especially with regard to the provision of
humanitarian aid, including adequate accommodation and healthcare, the possibility of seeking
international protection and the treatment by the police.
2. DEFINITIONS OF TERMS AND LEGISLATION
International sources
A refugee is most broadly defined as a person who is forced to leave the place of his/her
residence due to events that are beyond this person’s control and that can be caused either by
natural elements or by human intervention.
However, according to the 1951 Convention Relating to the Status of Refugees (hereinafter:
Convention), a refugee is any person who, owing to well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group or political
opinion, is unable or, owing to such fear, is unwilling to avail him/herself of the protection of
that country. Under the same conditions, a refugee can also be a person without nationality
who is outside the country of his/her habitual residence.
The fundamental right of refugees under the Convention is the right to non-refoulment, i.e. the
right not to be returned to their country of origin or to another country where their lives or
liberty would be threatened on account of race, religion, nationality, membership of a
particular social group or political opinion. Apart from the Convention, the following documents
also forbid refoulment, whether explicitly or by way of interpretation: Convention Against
Torture, International Covenant on Civil and Political Rights, the European Convention for the
Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights
of the EU. These documents, along with the General Declaration on Human Rights, are the
sources that prescribe fundamental human rights and the rights of refugees, so international
protection of refugees is therefore a part of the system for protection of human rights, seeing
as fundamental human rights that a person enjoys do not cease based on the fact that the
person has become a refugee.
A person does not become a refugee by recognition of his/her refugee status by any country,
but rather by fulfilling the requirements prescribed by the Convention and the above
mentioned international documents. On the other hand, the exercise of almost all rights
guaranteed to those refugees is left to the country that receives them. In that context,
international and European refugee protection mechanisms take into account the sovereignty
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents