Croatian mine action centre

According to the Law on Humanitarian Demining, the role of CROMAC is coordinative and implemented in co-operation with a number of government departments and a part of non-government sector as well as individual initiatives.

CROMAC has been systematically and promptly developing and maintaining the mine victim database since 1998 and establishment of CROMAC. The database is based on the data taken over from the UN, data obtained by the Ministry of Interior, organization of health care system, collecting field data, information provided by media and other reliable sources. CROMAC database does not comprise all mine victims and there is a reason for that. Namely, when CROMAC took over the UN database, UN’s definition of mine victims was also adopted. These are the reasons for continuous database updating because the part of UN’s database has already had a considerable number of incidents registered as incidents with ‘’unknown data’’ so there is a possibility for double registration to happen but only in limited number of cases. The conduct of general survey revision in 114 towns and municipalities during several past years and in 2007 in particular, resulted in collecting accurate mine incident-related information that were processed and stored in CROMAC's database.

The Republic of Croatia has highly-developed legal framework relating to the persons with disabilities in realizing their legitimate rights and status. The status and various forms of rights are being realized through over 200 different laws and by-laws. The role of the legal framework is passing the laws and provisions stipulating the protection and equalization of rights with no discrimination of any kind. For better insight, we here bring only the laws and referral acts that are in the closest relation with accessing care. Regulations passed by relevant ministries whose scope of activities partially includes this type of assistance too, describe this matter in detail.

• The Law on Humanitarian Demining from 20 December 2005, among other things, defines the realization of right on disability allowance or retirement income in line with their profession. The Law defines the rights of deminers and members of their families in case of getting hurt or inability to work resulting from being hurt during the performance of demining operations.
• The Law on Special Rights from the Pension Insurance of the Employees engaged in Humanitarian Demining Operations from 20 December 2005, NG 158/05.
• The new Amendments of the Law on the Rights of the Croatian Defenders and Members of Their Families are passed by the Croatian Parliament, National Gazette no.147/04.
• Protection of Civil Victims of Homeland War injured by mines is defined by the Law on the Protection of Military and Civilian Homeland War Invalids (National Gazette no. 33/92; 77/92; 58/93; 2/94; 76/94; 108/95; 82/01 and 103/03. According to the Report of the Directorate for the Protection of Victims and Participants of War of the Ministry of Health and Social Welfare of the Republic of Croatia and based on the above-mentioned law, rights on the basis of physical impairments are as follows: personal disability allowance, allowance for the care and help of another person, orthopaedic aids, professional rehabilitation, bathing and climatic therapy. Rights on the basis of material and other needs of a beneficiary are as follows: upkeep costs, allowance for help and care in the house, special bonus for free school books and scholarships, advantage during the employment, advantage during situating into social welfare homes, special calculation of years of service, right to transportation and funeral costs.
• Adopted National Strategy of a Unique Policy for the People with Disabilities from 2003 to 2006 (National Gazette no.101/98, 15/2000, 117/2001).
• The Law on Employment and Professional Rehabilitation (National Gazette no. 33/05 from 14 March 2005)
• Fund for Professional Rehabilitation and Employment – established in December 2005 and continues its work in the forthcoming years.
• Special Directorate for the Protection of Victims and Participants of War was established by a special Decree on Internal Organization issued by the Ministry of Health and Social Welfare (NG no. 38/07 from April 13, 2007 – Article 2).
• The National Activity Plan for the Rights and Interests of Children with Special Needs 2006-2014 was adopted in March 2006.
• The National Strategy of a Unique Policy for Persons with Disabilities is currently being implemented. It is monitored and reported by the Committee of the Government of the Republic of Croatia for Persons with Disabilities. The National Strategy for Equalization of Opportunities for Persons with Disabilities for the period 2007-2015 passed by the Government of the Republic of Croatia is in force.

There are nine key forms of mine victim assistance the ministries, different institutions, non-governmental sector, a number of organizations and individual initiatives take part in.

• Emergency medical care;
• Continuing medical care;
• Physical rehabilitation, prosthesis and assistive devices;
• Psychological and social support;
• Employment and economic integration;
• Capacity-building and sustainability;
• Legislation and public awareness;
• Access to public services;
• Data collection.

Relevant ministries and institutions involved in mine victim care program are as follows:

• Ministry of Health and Social Welfare;
• Ministry of Science, Education and Sports;
• Ministry of Family, Veterans and Intergenerational Solidarity;
• Ministry of Foreign Affairs and European Integration;
• Croatian Health Insurance Institute;
• Croatian Orthopaedic Society;
• Croatian Mine Action Centre.

Non-governmental sector and institutions involved in mine victim care program are as follows:

• Croatian Mine Victims Association;
• Mine Aid Association;
• Association of Organizations of Croatian Civil Victims of Homeland War;
• Croatian Red Cross;
• Bembo Association;
• Rainbow Regional Centre;
• Norwegian People’s Aid (NPA);
• Embassies of foreign countries in Croatia;
• Individual initiatives of persons or organizations.

The aim of victim support and assistance through the above-stated ministries and institutions is to provide victims with integration into everyday living. Nine forms of mine victim assistance can be comprised into the four basic categories:

1. First Aid and Further Medical Care

Croatia has got a very well developed public health service structure and health care system that include clinics, clinical centres, specialized polyclinics, hospitals and rehabilitation centres. The sphere of health protection is defined by the Health Protection Act (National Gazette no. 85/06, 105/06, 1187/06, 77/07, 111/07 and 35/08) and Compulsory Health Insurance Act (National Gazette no. 85/06, 105/06, 118/06, 77/07 and 111/07). In the framework of the rights from the compulsory health insurance, mine victims that are insured by the Institute have the right to health protection under the same terms as all other insured persons, in the volume determined by the Institute and regulations passed based on law. These rights are as follows:

1. Primary health protection,
2. Specialist and consultative health protection,
3. Hospital health protection,
4. Right to medications defined by the basic and additional lists of medications issued by the Institute,
5. Right to stomatological and prosthetic care and aids,
6. Right to orthopaedic and other aids,
7. Right to health protection abroad.

HEALTH INSTITUTIONS IN CROATIA, March 30, 2007.*

Zdravstvene ustanove u Hrvatskoj 30.03.2007.

HEALTH INSTITUTIONS	NO. OF INSTITUTIONS
Zdravstvene ustanove	Broj ustanova
DOM ZDRAVLJA - Health center	47
KLINIČKI BOLNIČKI CENTAR - Clinical teaching hospital	2
KLINIČKA BOLNICA - Clinical hospital	5
KLINIKA - Clinic	7
OPĆA BOLNICA - General hospital	22
SPECIJALNA BOLNICA - Special hospital	29
LJEČILIŠTE - Health resort	6
ZAVOD ZA JAVNO ZDRAVSTVO - Public health institute	21
OSTALI DRŽAVNI ZAVODI - Other state institutes	3
ZAVOD ZA TRANSFUZIJSKU MEDICINU - Institute of transfusional medicine	1
ZAVOD ZA MEDICINU RADA - Occupational health institute	1
ZAVOD ZA TOKSIKOLOGIJU - Institute of toxicology	1
USTANOVA ZA HITNU POMOĆ - Emergency care station	4
POLIKLINIKA - Polyclinic	315
USTANOVA ZA MEDICINU RADA – Institution of occupational health	12
LJEKARNA – Pharmacy	176
USTANOVA ZA NJEGU - Nursing care institution	152
TRGOVAČKO DRUŠTVO ZA OBAVLJANJE ZDRAVSTVENE DJELATNOSTI – Health company	56
TOTAL - Ukupno	857

* Data by the Croatian National Institute of Public Health

According to the Law on the Protection of Military and Civilian War Invalids, mine victims and members of their families are entitled to the following: rights on the basis of physical impairments, rights on the basis of the loss of family members and rights on the basis of material and other needs of a beneficiary.

I. PRAVA NA OSNOVI OŠTEĆENJA ORGANIZMA SU:

• personal disability allowance,
• allowance for the care and help of another person,
• orthopaedic allowance,
• professional rehabilitation.

II. RIGHTS ON THE BASIS OF THE LOSS OF FAMILY MEMBERS ARE:

• family disability allowance,
• increased family disability allowance.

III. RIGHTS ON THE BASIS OF MATERIAL AND OTHER NEEDS OF A BENEFICIARY ARE:

• upkeep costs;
• allowance for help and care in the house;
• special allowance;
• free school books;
• advantage during applying for educational institutions;
• advantage during placing in students’ homes;
• advantage during the employment;
• advantage during situating into social welfare homes;
• liberation from paying the fee for redevelopment of agricultural land;
• special calculation of years of service;
• right to transportation and funeral costs;
• exhumation and identification.

In the registry of this Directorate, there is the total of 410 (334 injured and 76 killed) civilians being involved in mine incidents during and after the Homeland War. They have obtained the status of a civilian war invalid i.e. right to a family disability allowance.

Monthly amount of personal disability allowance of a person with disabilities from the 1st group is equal to 100% of budget base and amounts to 3.326,00 HRK.

Allowance for the care and help of another person of the 1st group amounts to 3.326,00 HRK a month what is equal to 100% of the budget base.

Orthopaedic allowance for the 1st group amounts to 964,54 HRK per month what makes 29% of a budget base.

The total income of a civilian war invalid of the Ist group (100% physical impairment) with the right on the allowance for the care and help of another person of the Ist group, orthopaedic allowance of the Ist group and upkeep costs amounts to 8.714.12 HRK a month.

Family disability allowance on the basis of the family member loss (persons killed) is used by 74 persons. Their allowance amounts to 2.694 HRK a month.

Children of killed civilians, children civilian invalids of war as well as children of civilian war invalids of the Ist group with 100% of physical impairments have an advantage over the others during applying for educational institutions (in case of passing classification exam), advantage during placing in students’ homes; right to scholarships under specially defined terms and the advantage during the employment, also under the equal terms.

Children of killed civilians as well as children civil war invalids are entitled to special allowance totalling 10% of budget base during regular schooling in the elementary schools and high schools.

Legal domain of employment of persons with disabilities that includes "mine victims" is stipulated with several regulations out of which the most important one is the Law on Professional Rehabilitation and Employment of Persons with Disabilities (National Gazette no. 143/02 and 33/05). The purpose of the Law is to address the problem of professional rehabilitation, employment and legal determination of a position of persons with disabilities in a systematic manner. Based on that Law, the Government of the Republic of Croatia established in July 2003 the Fund for the Professional Rehabilitation and Employment of Persons with Disabilities. This created the preconditions for the conduct of professional rehabilitation, employment and work of persons with disabilities.

In 1997, there was the Committee of the Government of the Republic of Croatia for persons with disabilities established. It is an advisory and expert Government body with the task of making proposals, opinions and expert elaborations in the sphere of status, protection and rehabilitation of persons with disabilities and their families but also conducting activities focused on their well-being. The Committee consists of representatives of civil society, of persons with disabilities and representatives of state administration and scientific institutions.

2. Physical Rehabilitation

Clinical centres in Zagreb, Split, Rijeka and Osijek and one clinical hospital provide all forms of physical rehabilitation. There are 29 specialized hospitals for physical rehabilitation in Croatia and one Institute for rehabilitation and orthopaedic aids in Zagreb.

There are also a number of private small firms dealing with manufacturing prostheses and aids because medical centres do not have their own manufacture. There are 400 contractual companies registered in the Republic of Croatia specialized in the procurement of orthopaedic and other aids. There are 150 orthopaedic technicians, members of the Croatian Orthopaedic Society, working in those companies. Orthopaedic technicians are being trained at work or abroad. Their work is supervised by orthopaedists. There are 783 physical therapists employed in the hospitals located on mine suspected areas. The prosthetists are currently being educated abroad but there is a plan for them to be educated at work. The Croatian Public Health Institute passed the Rules and Regulations stipulating the rights and needs relating to the use of orthopaedic aids and filling relevant needs (National Gazette no. 64/01). Other forms of medical and psychosocial help and assistance, hospital and home treatment, orthopaedic aids and other assistive devices are also defined by laws and rules and regulations (NG no. 26/96, 79/97, 31/99, 51/99, 73/99), (NG 25/05, 41/05, 88/05) and (NG 5/05, 19/05, 51/05, 116/05).

3. Psychological Help and Social Reintegration

The Ministry of Family, Veterans and Intergenerational Solidarity opened the centres for psychosocial help and assistance in all 20 counties of the Republic of Croatia and City of Zagreb aiming at providing the assistance to all people with disabilities including mine victims with war traumas including mine victims and members of their families.

4. Professional and Economic Rehabilitation

As mentioned earlier, according to the polls carried out, professional and economic rehabilitation represent the priority. The act of employment and professional rehabilitation (NG no. 33/05 from March 14, 2005) speaks of the methods and procedures of training and employment of persons with disabilities and ways of retraining. The Fund for professional rehabilitation and employment of persons with disabilities was established the same year. The Fund encourages the Croatian companies and organizations to employ persons with disabilities but also stimulates the self-employment of persons with disabilities using State Budget funds. The Law on Free-of-Charge Legal Assistance from 2005 regulates providing legal assistance to persons whose economic status does not allow hiring a lawyer for court actions and administrative affairs, what is often the case. The laws, rules and regulations define all the privileges for the companies employing persons with disabilities. The above-mentioned Law on Humanitarian Demining defines a number of status rights of deminers and their families in case of disability and disablement pension.

Additional payment for better quality prostheses in the amount of 7.000 to 50.000 HRK is the most frequent form of individual support. Several dozens of persons ask for such type of support each year.

Among other projects directly supporting the mine victims is the education of young people mine victims for the profession of prosthetist and their employment in the company Bauerfeind Ltd. from Zagreb. The project has been implemented since 1995. There are also certain projects conducted which directly financially support the procurement of computers, school books and equipment, assistance in procurement of small farming machinery for the future smaller farms, procurement of furniture, equipping houses, visits to the victims in their homes and rehabilitation centres, covering the rehabilitation and victim escort expenses.

Regional Centre for Psychosocial Rehabilitation of Children and Young Mine Victims Rovinj is the biggest joint project of government and non-government sector started in 2001 on the area of hospital and recreation complex in Rovinj. After the completion of construction works, the Centre should become the regional centre for victims from the area of South-Eastern Europe and wider. Thanks to the support of the Norwegian Embassy, Principality of Monaco and a number of domestic and foreign donors, first reconstruction works started in 2005. The works are still in progress and depend mostly of the financial means secured.

Technical and administrative supports were provided by NPA, CROMAC, Ministry of Foreign Affairs and European Integration, Croatian Red Cross and Mine Aid.

Strategic Framework for 2008 and Forthcoming Period

It is important to point out that the programmes of mine victims assistance will be conducted in 2008 and forthcoming period within legal framework i.e. institutionally, but also with the support of non-governmental organizations, organizations and individuals with coordinative role of CROMAC. The basis for the strategic framework is the National Strategy of Equalization of Opportunities for Persons with Disabilities for the period 2007-2015.

On 5 June 2007, the Government of the Republic of Croatia passed the National Strategy of Equalization of Opportunities for Persons with Disabilities from 2007 to 2015. The National Strategy brings 101 measures, defines the holders and implementation holders, elaborates the activities and implementation deadlines, and sets the implementation indicators and planned funds for the implementation of each measure. The task of the National Strategy is to coordinate all activity programmes in the sphere of protection of persons with disabilities and standards achieved on the global level, but also all other trends aiming at making all aspects of living and working opened and accessible to persons with disabilities. General goals of the National Strategy are as follows: respecting human rights, non-discrimination, creating equal opportunities, valid civil actions, valid participation in the community life and involvement into the framework of a policy for persons with disabilities. The National Strategy results from the already established frameworks but continues searching for new solutions for providing a comprehensive approach to all spheres of interest of people with disabilities.

• On 30 March 2007 at the UN headquarter in New York, the Republic of Croatia signed the Convention on the Rights of Persons with Disabilities and Facultative Protocol with the Convention. On June 1, 2007, the Republic of Croatia passed the Law on Acceptance of the Convention on the Rights of Persons with Disabilities and Facultative Protocol with the Convention.
• The representatives of the Government of the Republic of Croatia, the Croatian Parliament and non-governmental organizations were actively involved in drafting the United Nations Convention on the Rights of Persons with Disabilities that had been translated into Croatian, in several phases during the process of drafting. In this way, persons with disabilities were involved in making the draft of a future Convention.