Croatian independence referendum, 1991

Croatian independence referendum, 1991
Electorate 3,652,225
Turnout 3,051,881 (83.56%)
Supporting sovereignty and
independence of Croatia
Voting options Votes  %
Yes 2,845,521 93.24
No 126,630 4.15
Supporting Croatia remaining
in federal Yugoslavia
Voting options Votes  %
Yes 164,267 5.38
No 2,813,085 92.18
Source: State Election Committee[1]
Croatia

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An independence referendum was held in Croatia on 19 May 1991, following the Croatian parliamentary elections of 1990 and the rise of ethnic tensions that led to the breakup of Yugoslavia. The result of the referendum was 93.24% in favor of independence, with a 83.56% turnout. Croatia declared independence and dissolution of its association with Yugoslavia on 25 June 1991, but it also introduced a a three-month moratorium on the decision when urged to do so by the European Community and the Conference on Security and Cooperation in Europe through the Brioni Agreement. The war in Croatia escalated during the moratorium, and on 8 October 1991, the Parliament of Croatia severed all remaining ties with Yugoslavia.

The Badinter Arbitration Committee was set up by the Council of Ministers of the European Economic Community (EEC), to provide the Conference on Yugoslavia with legal advice on the compliance of the former Yugoslav republics with criteria for diplomatic recognition. The committee rendered ten opinions and concluded that Yugoslavia was in the process of dissolution and that the internal boundaries of Yugoslav republics should not be altered unless freely agreed upon. Germany advocated quick recognition of Croatia in order to stop the violence, but this was opposed by France, United Kingdom and the Netherlands. However, the countries agreed to avoid unilateral actions, preferring to pursue a common policy. On 10 October, the EEC decided to postpone any decision to recognize Croatia for two months. On 17 December, the EEC formally agreed to grant Croatia diplomatic recognition on 15 January 1992 on the basis of its request and a positive opinion of the Badinter Arbitration Commission. Croatia was recognized as an independent state by Slovenia in June, followed by Lithuania in July, and Ukraine, Latvia, Iceland and Germany in December 1991. On 15 January 1992, Croatia was granted diplomatic recognition by the European Economic Community members and, in May 1992, by the United Nations.

Contents

Background

After World War II, Croatia became a single-party Socialist federal unit of the SFR Yugoslavia, ruled by the Communists, but enjoying a degree of autonomy within the federation. In 1967, Croatian authors and linguists published a Declaration on the Status and Name of the Croatian Standard Language demanding greater autonomy for Croatian language.[2] The declaration contributed to a national movement seeking greater civil rights and decentralization of the Yugoslav economy, culminating in the Croatian Spring of 1971, suppressed by the Yugoslav leadership.[3] Still, the 1974 Yugoslav Constitution gave increased autonomy to federal units, basically fulfilling a goal of the Croatian Spring, and providing a legal basis for independence of the federative constituents.[4]

In the 1980s the political situation in Yugoslavia deteriorated with national tension fanned by the 1986 Serbian SANU Memorandum and the 1989 coups in Vojvodina, Kosovo and Montenegro.[5][6] In January 1990, the Communist Party fragmented along national lines, with the Croatian faction demanding a looser federation.[7] In the same year, the first multi-party elections were held in Croatia, with Franjo Tuđman's win raising nationalist tensions further.[8] Nationalist Serbs in Croatia boycotted the Sabor and seized control of Serb-inhabited territory, setting up road blocks and voting for those areas to become autonomous. The Serb "autonomous oblasts" would soon unite to become the internationally unrecognized Republic of Serbian Krajina (RSK),[9][10] intent on achieving independence from Croatia.[11][12]

Referendum and declaration of independence

On 25 April 1991, the Parliament of Croatia decided to hold the independence referendum on 19 May. The decision was published in the official gazette of the Republic of Croatia and made official on 2 May 1991.[13] The referendum questions offered options of Croatia becoming a sovereign and independent state guaranteeing cultural autonomy and all civil rights to Serbs and other national minorities in Croatia, which may form an association of sovereign states with other former Yugoslav republics, and Croatia remaining in Yugoslavia as a unified federal state.[13][14] Serb local authorities issued calls for a boycott, which were largely followed by Croatian Serbs.[15] The referendum was held at 7,691 polling stations and voters were given two ballots—blue and red, with a single referendum question each, allowing use of either of the ballots or both of them. The referendum question proposing independence, presented on the blue ballot, passed with 93.24% in favor, 4.15% against, and 1.18% of invalid or blank votes. The second referendum question proposing that Croatia should remain in Yugoslavia was declined with 5.38% votes in favor, 92.18% against and 2.07% of invalid votes. The turnout was 83.56%.[1]

Croatia declared independence and dissolved (Croatian: razdruženje) its association with Yugoslavia on 25 June 1991.[16][17] The European Community and the Conference on Security and Cooperation in Europe urged Croatian authorities to place a three-month moratorium on the decision.[18] Croatia agreed to freeze its independence declaration for three months, initially easing tensions.[19] Nonetheless, the Croatian War of Independence escalated further.[20] On 7 October, the eve of expiration of the moratorium, the Yugoslav Air Force attacked Banski dvori, the main government building in Zagreb, an incident referred to as the bombing of Banski dvori.[21][22] On 8 October 1991, the three-month moratorium on implementation of the declaration of independence expired, the Croatian Parliament severed all remaining ties with Yugoslavia. That particular session of the parliament was held in INA building in Pavao Šubić Avenue in Zagreb because of security concerns provoked by the air raid of the previous day.[23] Specifically, it was feared that the Yugoslav Air Force might attack the parliament building.[24] October 8 is now celebrated as Croatia's Independence Day.[25]

93.24%
4.15%
For
Against

Aftermath

The Arbitration Commission of the Peace Conference on the former Yugoslavia, also referred to as Badinter Arbitration Committee, was set up by the Council of Ministers of the European Economic Community (EEC) on 27 August 1991, to provide the Conference on Yugoslavia with legal advice on compliance of former Yugoslav republics, including Croatia, with criteria for their recognition.[26] The five-member Commission consisted of presidents of Constitutional Courts in the EEC. Starting in late November 1991, the committee rendered ten opinions. The Commission stated, among other things, that SFR Yugoslavia was in the process of dissolution and that the internal boundaries of Yugoslav republics may not be altered unless freely agreed upon.[27] Factors in Croatia's preservation of its pre-war borders were the Yugoslav Federal Constitution Amendments of 1971, and the Yugoslav Federal Constitution of 1974. The 1971 amendments introduced a concept that sovereign rights were exercised by the federal units, and that the federation had only the authority specifically transferred to it by the constitution. The 1974 constitution confirmed and strengthened the principles introduced in 1971.[28][4] The borders had been defined by demarcation commissions in 1947, pursuant to decisions of AVNOJ in 1943 and 1945 regarding the federal organization of Yugoslavia.[29]

Germany advocated quick recognition of Croatia in order to stop the ongoing violence in Serb-inhabited areas of the republic, with Helmut Kohl requesting the recognition in the Bundestag on 4 September. Kohl's position was opposed by France, United Kingdom and the Netherlands, but the countries agreed work together to pursue a common approach and avoid unilateral actions. On 10 October, two days after the Parliament of Croatia confirmed the declaration of independence after expiration of the three-month moratorium, the EEC decided to postpone any decision to recognize Croatia for two months. The German foreign minister, Hans Dietrich Genscher, later wrote that it was decided then to recognize in two months time if the war did not end by that time. The war was still ongoing by the time the deadline expired and on 23 December 1991, Germany presented its decision to recognize Croatia as its policy and duty. As the waiting period drew to a close, Germany's position was supported by Italy and Denmark. France and the United Kingdom attempted to prevent the German recognition by drafting a United Nations (UN) resolution requesting that no country takes unilateral actions which could worsen the situation in Yugoslavia. However, they backed down during the UN Security Council debate on the matter on 14 December when Germany appeared determined to defy the UN resolution. On 17 December, the EEC formally agreed to grant Croatia diplomatic recognition on 15 January 1992 on the basis of its request and a positive opinion of the Badinter Arbitration Commission.[30]

A remaining lacuna was addressed by a letter from Croatian President Franjo Tuđman to Robert Badinter who presided over the arbitration commission. The letter acknowledged that Croatia should amend its constitution in response to the commission's opinions so that it would guarantee national minority rights as requested by the EEC guidelines.[4] In response, the RSK formally declared its separation from Croatia on 19 December, but its statehood and independence were not recognized internationally.[31] On 26 December, Yugoslavia announced plans for a smaller state that could include the territory captured from Croatia during the war.[32] The intent was noted and rejected by the UN General Assembly.[33]

Croatia was first recognized as an independent state on 26 June 1991 by Slovenia which declared its own independence on the same day as Croatia.[16] Slovenia was followed by Lithuania on 30 July, and Ukraine, Latvia, Iceland and Germany in December 1991.[34] On 15 January 1992, Croatia was granted diplomatic recognition by the European Economic Community's member states, and in May 1992, by the United Nations.[35][36] Even though it is not a public holiday, 15 January is marked as the day Croatia won international recognition by media and politicians in Croatia.[37] On the 10th anniversary, in 2002, Croatian National Bank minted a 25 kuna commemorative coin.[38] In the period following the declaration of independence, the war escalated further with the battle of Vukovar,[39] siege of Dubrovnik,[40] and fighting elsewhere, until a ceasefire of 3 January 1992 brought a significant reduction of violence and stabilization of frontlines.[41] The war effectively ended in August 1995 with a decisive victory by Croatia as a result of Operation Storm.[42] The remaining Serb-held areas of Eastern Slavonia were restored to Croatia pursuant to the Erdut Agreement of November 1995, with the process concluded in January 1998.[43]

See also

References

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  2. ^ Ivica Šute (1 April 1999). "Deklaracija o nazivu i položaju hrvatskog književnog jezika – Građa za povijest Deklaracije, Zagreb, 1997, str. 225 [Declaration on the Status and Name of the Croatian Standard Language – Declaration History Articles, Zagreb, 1997, p. 225]" (in Croatian). Radovi Zavoda za hrvatsku povijest 31 (1): 317–318. ISSN 0353-295X. 
  3. ^ Vlado Vurušić (6 August 2009). "Heroina Hrvatskog proljeća [Heroine of the Croatian Spring]" (in Croatian). Jutarnji list. http://www.jutarnji.hr/heroina-hrvatskog-proljeca/305499/. Retrieved 14 October 2011. 
  4. ^ a b c Roland Rich (1993). "Recognition of States: The Collapse of Yugoslavia and the Soviet Union". European Journal of International Law 4 (1): 36–65. http://www.ejil.org/article.php?article=1207&issue=67. Retrieved 18 October 2011. 
  5. ^ Frucht 2005, p. 433
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  19. ^ Chuck Sudetic (29 June 1991). "Conflict in Yugoslavia; 2 Yugoslav States Agree to Suspend Secession Process". The New York Times. http://www.nytimes.com/1991/06/29/world/conflict-in-yugoslavia-2-yugoslav-states-agree-to-suspend-secession-process.html?ref=croatia. Retrieved 12 December 2010. 
  20. ^ Chuck Sudetic (6 October 1991). "Shells Still Fall on Croatian Towns Despite Truce". The New York Times. http://www.nytimes.com/1991/10/06/world/shells-still-fall-on-croatian-towns-despite-truce.html?ref=croatia. Retrieved December 16, 2010. 
  21. ^ "Yugoslav Planes Attack Croatian Presidential Palace". The New York Times. 8 October 1991. http://www.nytimes.com/1991/10/08/world/yugoslav-planes-attack-croatian-presidential-palace.html. Retrieved 13 December 2010. 
  22. ^ Carol J. Williams (8 October 1991). "Croatia Leader's Palace Attacked". Los Angeles Times. http://articles.latimes.com/1991-10-08/news/mn-151_1_civil-war. Retrieved 23 January 2011. 
  23. ^ "Govor predsjednika Hrvatskog sabora Luke Bebića povodom Dana neovisnosti [Speech of Luka Bebić, Speaker of the Parliament of Croatia on occasion of the Independence day]" (in Croatian). Sabor. 7 October 2008. http://www.sabor.hr/Default.aspx?art=24723. Retrieved 28 December 2011. 
  24. ^ Dražen Boroš (8 October 2011). "Dvadeset godina slobodne Hrvatske [Twenty years of free Croatia]" (in Croatian). Glas Slavonije. http://www.glas-slavonije.hr/mvijest.asp?rub=3&ID_VIJESTI=11436. Retrieved 29 December 2011. 
  25. ^ "Ceremonial session of the Croatian Parliament on the occasion of the Day of Independence of the Republic of Croatia (Zagreb, October 7, 2004)". Official web site of the Parliament of Croatia. Parliament of Croatia. October 7, 2004. http://www.sabor.hr/Default.aspx?art=20091&sec=2462. Retrieved December 16, 2010. 
  26. ^ Sandro Knezović (February 2007). "Europska politika u vrijeme disolucije jugoslavenske federacije [European Politics at the Time of the Dissolution of the Yugoslav Federation]" (in Croatian). Politička Misao (University of Zagreb, Faculty of Political Sciences) 43 (3): 109-131. ISSN 0032-3241. http://hrcak.srce.hr/20441. Retrieved 27 December 2011. 
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  28. ^ Čobanov, Saša; Rudolf, Davorin (2009). "Jugoslavija: unitarna država ili federacija povijesne težnje srpskoga i hrvatskog naroda – jedan od uzroka raspada Jugoslavije [Yugoslavia: a unitary state or federation of historic efforts of Serbian and Croatian nations—one one of causes of breakup of Yugoslavia]" (in Croatian). Zbornik radova Pravnog fakulteta u Splitu (University of Split, Faculty of Law) 46 (2). ISSN 1847-0459. http://www.pravst.hr/zbornik.php?p=25&s=170. Retrieved December 10, 2010. 
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  40. ^ David Binder (9 November 1991). "Old City Totters in Yugoslav Siege". The New York Times. http://www.nytimes.com/1991/11/09/world/old-city-totters-in-yugoslav-siege.html?ref=croatia. Retrieved December 16, 2010. 
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  43. ^ Chris Hedges (16 January 1998). "An Ethnic Morass Is Returned to Croatia". The New York Times. http://www.nytimes.com/1998/01/16/world/an-ethnic-morass-is-returned-to-croatia.html?ref=croatia. Retrieved 18 December 2010.