Diaspora - National Endowment for Democracy

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“C
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 community, 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 requiring 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 discussion and reforms should not be delayed. Whatever the solution may be, it is imperative 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
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
1
Zagreb
2
Total Seats
358,461
254,138 (70.90%)
SDP 6, HDZ 5, HNS 2 , HSP 1
14
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%)
14
4
Osijek
328,076
214,859 (65.49%)
5
Slavonski Brod 360,242
220,421 (61.19%)
HDZ 4, SDP 4, HNS 2, HSS 1, HSU 1,
HSLS 1, HDSS 1
HDZ 7, SDP 3, HSP 1, HSS 1, HNS 1,
HSU 1
HDZ 8, SDP 3, HSS 1, HSP 1, HSLS 1
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
14
14
Stjepan Mesic (Coalition) 65.93%
Jadranka Kosor (HDZ)
34.07%
Stjepan Mesic (Coalition)
Jadranka Kosor (HDZ)
17.44%
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.
SDP
30.2%
HDZ
26.6%
7.6%
Coalition HSS-HSLS-PGS
HSP
7.0%
HSU
6.3%
HNS
5.7%
Istrian Democratic Sabor (IDS)
2.1%
Democratic Center (DC)
1.7%
Slavonia Baranja Croatian Party (SBHS)
1.2%
0.5%
Independent Democratic Serbian Party (SDSS)
Croatian Democratic Alliance of Slavonia and
Baranja (HDSSB)
Ljevica Hrvatske
0.2%
Democratic Union of Medjimurje (MDS)
0.1%
Other
0.4%
Only respondents who would vote
0.8%
9.4%
Undecided
0%
10%
20%
30%
40%
50%
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)
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