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MINISTRY OF THE INTERIOR

Pursuant to Article 69 of the Asylum Act (OG 103/03), the Minister of Interior hereby passes the

ORDINANCE

ON THE ACCOMMODATION OF ASYLUM SEEKERS, ASYLEES AND ALIENS UNDER TEMPORARY PROTECTION

I. GENERAL PROVISIONS

Article 1

This Ordinance prescribes the manner of and requirements for the accommodation of asylum seekers, asylees and aliens under temporary protection.

Article 2

The Reception Centre for Asylum Seekers (hereinafter: the Reception Centre) must be in the vicinity of a settlement and shall have the possibility of connection to the electrical power grid, the telephone network, the water supply system, the sewage system as well as transport links with the settlement. If there is no possibility of connecting the Reception Centre to a public network, then independent infrastructure must be provided.

The Reception Centre premises must contain green areas for the accommodated persons to spend their leisure time.

Reception Centre must meet the general requirements established by town-planning, building, technical, sanitation and fire-prevention regulations and the regulations on environmental protection and improvement.

Article 3

The Reception Centre shall provide asylum seekers with adequate accommodation.

Separate rooms shall be provided in the Reception Centre for the accommodation of men, women, unaccompanied minors, families and disabled persons.

The Reception Centre shall contain a children’s play-room, dining-room, living-room, toilet facilities, a room for medical examinations, storage space, room for storing appliances, equipment and supplies for washing, cleaning and disinfection, a room for storing medicines and facilities for recreational and working activities.

Depending on the size and contents of the rooms from paragraph 3 of this Article, they may also be multipurpose rooms.

If meals are prepared in the Reception Centre, then the Reception Centre must have a kitchen with a store-room nearby and other accompanying rooms.

If the Reception Centre provides laundry and ironing services on the premises, then the Reception Centre must have a room intended for that purpose.

II. ACCOMMODATION OF ASYLUM SEEKERS

Article 4

Asylum seekers and members of their immediate family shall be accommodated at the Reception Centre. Within the meaning of this Ordinance, members of an asylum seeker’s immediate family shall be: a spouse, minor children who have not established their own families, the parent or a legal guardian of an asylum seeker under age. 

Pursuant to the decision of the Ministry of the Interior (hereinafter: the Ministry), the persons in paragraph 1 of this Article can be also housed in some other adequate accommodation, if there are  justified reasons for this (lack of accommodation available in the Reception Centre, the fact that the Reception Centre is temporarily closed due to reconstruction work and similar).

Article 5

The Head of the Reception Centre shall adopt The Reception Centre House Rules.

Article 6

After a stay of seven days at the Reception Centre or other suitable premises, the asylum seeker may, with the prior consent of the Ministry, reside anywhere in the territory of the Republic of Croatia, at his/her own expense.

In the case set out in paragraph 1 of this Article, the asylum seeker must enclose proof of possession of sufficient financial means to cover his/her subsidence as well as a verified copy of the rent contract or a verified statement by the flat owner confirming that he/she shall rent accommodation to the asylum seeker .

Article 7

Before being accommodated at the Reception Centre, the asylum seeker shall undergo privately a hygienic and medical examination as well as medical supervision according to the specific epidemiological indications.

The content of the hygiene and medical examination and health protection for asylum seekers shall be determined by the ministry competent for health care issues.

Article 8

At his/her personal request, asylum seeker shall be accommodated with his/her family members if the accommodation facilities of the Reception Centre so allow.

Article 9

For the accommodation of vulnerable groups of asylum seekers, it is necessary to adjust the accommodation conditions of the reception centre accordingly, ensure medical and psychological care, and, if necessary, adequate rehabilitation – treatment.

Within the meaning of this Ordinance, vulnerable groups of asylum seekers are adults without legal disposing capacity, minors, unaccompanied minors, the elderly and infirm, the seriously ill, disabled persons, pregnant women, single parents, and victims of torture, rape or other violence.

Article 10

Unaccompanied minors shall be accommodated in separate rooms in the Reception Centre or they may also be accommodated with their elder relatives, acquaintances or a foster family.

Single women shall be accommodated separate from men.

Article 11

Asylum seekers accommodated at the Reception Centre shall receive three meals a day.

Persons with special nutritional needs shall be provided with the additional meals suitable for the condition of their health and their special needs. The ingredients and quality of food for these persons shall be determined according to the physician’s instructions.

At their own request, asylum seekers shall be provided with food that is in accordance with the principles of his/her religion.

Article 12

During their stay in the Reception Centre, asylum seekers shall be provided with essential hygienic necessities, and, where necessary, with clothes and footwear.

Article 13

The financial means for accommodation, reception and supplies for asylum seekers at the Reception Centre shall be provided by the Ministry.

III. ACCOMMODATION OF ASYLEES

Article 14

Asylees, who are unable to find accommodation, shall be provided with accommodation in the facilities which the Republic of Croatia has at its disposal for that purpose.

An asylee can also be provided with accommodation in accommodation facilities managed by a religious community, a humanitarian organization, a trading company, association or other national and foreign legal or natural persons with which the ministry competent for social care issues has signed a contract on rendering accommodation services for asylees.

Article 15

Accommodation services for asylees include residence in an appropriate accommodation unit where basic hygienic needs can be met as well as the independent preparation (organisation) of food. 

Article 16

The following categories of asylees – pregnant women three months before the expected birth, parents with a child under the age of six months, and, in special cases, up to the age of one year, physically or mentally handicapped persons, persons addicted to alcohol, drugs or other narcotics who do not require hospitalization, adults or elderly persons who, due to permanent changes in the condition of their  health and infirmity are in need of permanent assistance and care by another person, unaccompanied minors, children or a young adults with behavioural disturbances – shall be provided with accommodation in a suitable social care institution or by a foster family.

Article 17

The formal decision on the accommodation of an asylee shall passed by the Centre for Social Care responsible for the area the asylum seeker is residing in, at the time when asylum status is recognized.

The formal decision in paragraph 1 of this Article shall be submitted to the Ministry and the Centre for Social Care responsible for the area where the asylee is to be accommodated.

Article 18

An asylee - for whom the Centre for Social Care establishes that he/she is earning an income, owns property or is supported by someone – shall participate in the payment of the accommodation costs, in accordance with the social care regulations, by paying the financial means into the gyro account of the Centre for Social Care responsible for the area where the asylee is accommodated.

Article 19

In the course of exercising his/her right to accommodation, an asylee may receive all forms of humanitarian aid, as well as other forms of assistance offered by civil, religious and other organizations.

Article 20

Financial means for the realization of the right to accommodation for asylees shall be provided for by the State Budget and taken from the funds of the ministry competent for social care issues.

IV. ACCOMMODATION OF ALIENS UNDER TEMPORARY PROTECTION

Article 21

Aliens under temporary protection shall be accommodated in suitable premises which shall be provided for that purpose by the Republic of Croatia. 

The provisions of this Ordinance, which refer to the accommodation of asylum seekers and asylees, shall also be applied as appropriate to the accommodation of aliens under temporary protection.

V. FINAL PROVISION

Article 22

This Ordinance shall enter into force on the eighth day from its publication in the Official Gazette.

Class: 511-01-52-30042/04
Zagreb, 21 July 2004.

MINISTER
Marijan Mlinarić, m.p.