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U.S. English Foundation Research CROATIA
Language Research1. Legislation: Legislation dealing with the use of languagesThe Constitution of the Republic of Croatia adopted on December 22, 1990 (Renewed 1998) The Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or minorities in the Republic of Croatia (1991) On May 11, 2000 the Parliament of the Republic of Croatia in accordance with Articles 14, 15 and 139 of the Constitution passed a proclamation of changes and amendments to the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia. According to these amended documents, Croatia shall protect the equality of members of national minorities to include; Albanians, Austrians, Bosniacs, Bulgarians, Montenegris, Czechs, Hungarians, Macedonians, Germans, Poles, Romanies, Romanians, Russians, Ruthenians, Slovaks, Slovenians, Serbs, Italians, Turks, Ukrainians, Vlachs, Jews and other ethnic and national groups or minorities. The intended purpose of these laws is to encourage their overall cultural and linguistic development. In those municipalities where members of a national or ethnic community or minority represent the majority of the population, the alphabet and language of that community may be officially used together with Croatian language and the Latin alphabet (Article 7). Local self-governing units may decide to use two or more languages and alphabets officially, while taking into account the number of members and minorities interests. (Article 8) Members of national and ethnic minorities have the freedom to organize information and to publish in their native languages and alphabets, to establish cultural and other societies (with financial support from self-governing bodies). (Article 10, 11) Members of national and ethnic minorities who make up more than 8% of the population of Croatia shall be entitled to proportional representation in the Croatian Parliament and Government as well as on the supreme judicial bodies. Those who represent less than 8% shall be entitled to elect a total of minimum five and maximum seven representatives to the Chamber of Deputies of the Croatian Parliament (these representatives are obliged to protect their interests; Article 18). Members of national and ethnic minorities also are entitled to be represented on local self-governing bodies (Article 19). The procedure for electing and recalling the representatives will be regulated by electoral laws and used till the next census in the Republic of Croatia. In the field of education, members of national and ethnic minorities living within municipalities where they represent a majority of the population, and if the number of students justifies it, educational institutions and school departments will establish classes held in the appropriate language and alphabet. In cases with small numbers of students, instruction in subjects related to the national affiliation of the students (language, literature, history etc.) will be carried out in separate classes by teachers of the same national affiliation. In the territories outside of municipalities where the native population or members of national communities were banished into parent countries, minorities have the right to introduce their language as an optional subject until the end of secondary education, regardless of the percentage of the total population. (Article 15) The Law on education in Languages of nationalities (1979) The Law on Croatian Radio and Television establishes that..."the Croatian Radio and Television (HTV) have the obligation to produce programs which are aimed at informing the national minorities in the Republic of Croatia..."(Article 6, paragraph 2). One of the members of the Council of HTV has to be a member of an ethnic and national community or minority. The Telecommunications Act, which provides for a possibility to privatize the electronic media, establishes the rights and obligations of the concession holders. Article 64 of this Act stipulates the following: "The concession holder for either TV or radio frequency at the local level can broadcast in the dialects of the Croatian language used by population in the area, as well as in the languages of ethnic and national communities or minorities living in the area". The duration of such broadcast cannot exceed 20% of the average daily programming time for the former, or, in case of the latter, 50%. The Law on Upbringing and Education in the Language and Script of Ethnic Minorities, adopted on May 11, 2000 The Law on the Use of the Language and Script of Ethnic Minorities in the Republic of Croatia, adopted on May 11, 2000 Updated (July 2002) In an extraordinary parliamentary session, likely to take place at the end of July a new Croatian Government will be formed following the resignation of Prime Minister Ivica Racan and the collapse of the government earlier this month. One of the important issues on the session's agenda is also to adopt a new constitutional Bill on Minorities. The first draft of the bill was stopped by the government, as it would have meant more rights for the Serbian minority. Austrian minority news service on ORF reported that in some areas the Croatians themselves would have become a minority and this would have caused new tensions and troubles. The new bill, which according to ORF, was elaborated without the involvement of the minorities, should enter into force by the end of the year. The international community criticized the withdrawal of the bill. To become the EU member, it is essential for the country to guarantee the rights for national minorities. Croatian President Stjepan Mesic stressed that "democracy is inevitable if we really want to avoid missing the European train." Minority issues have been a hot topic in the country since the last year, following a rather controversial census. In May, the BBC reported on a growing political storm in Croatia over the government's treatment of ethnic Serbs living in the country during the 1991-95 civil war. Leaked reports from the latest census estimate that the number of ethnic Serbs in Croatia has dropped from 12 percent to just 4 percent since the previous census conducted in 1991, before the war between Croatia and Serbia. However, according to the Serbian peoples' council (Srpsko narodno vijece), the number of Serbs should be over 6 percent. This means that the Serbian minority should be entitled to a proportional number of permanent delegates in the Parliament (at least nine representatives). Currently Serbian together with Hungarian and Italian minority has only one seat in the Parliament. Updated (August 2002) The constitutional Bill on Minorities was at the end of July forwarded to the Croatian Parliament (Sabor) by the resigned Croatian Government. Still unofficial data from last year's census, showing a steep decrease in minority numbers, contribute to mixed feelings among minority representatives on the expected outcome of the bill. The constitutional Bill on Minorities comprises important aspects, such as the right to use mother tongue in public communication and education, representation in the media and the use of national symbols. However, this bill also breaks the agreement between representatives of national minorities and the government. The Croatian government has, without speaking beforehand with minority representatives, withdrawn the constitutional decision on the right to "a dual vote." That is why some believe this bill, at least in this aspect, is worse than the previous one. The exclusion of the clause on so-called "positive discrimination," i.e. the right for a dual vote, raised voices of discontent among minority representatives. The dual vote means that members of ethnic minorities in Croatia could vote both for candidates of political parties and for their minority representatives. Deputy Prime Minister Granic said that the bill still brings certain level of "positive discrimination," stipulating that a minority MP may be elected with considerably less votes than candidates from political parties' electoral slates. Dr Granic said this was a compromise between the wishes of the ruling coalition and minority representatives. So generally, both positive and negative aspects arose from the bill. Among the positive is the article on ethnic minority bodies and an autonomous government of minorities, which would represent an intermediary body between the minority organizations and the local authorities. However, this body will only have the right to suggest, but no decision power. The fact that the autochthonous character of the minorities has not been mentioned, and nothing has been done for a real cultural autonomy of the minorities are the negative aspects. In Slovenia, for example, the Italian community has the right to participate in the establishment of schools and other public bodies, which are important for the maintenance and development of the minority (Maurizio Tremul, president of the Italian Union). According to the 1991 census, ethnic minorities comprised 760,073 people, or 15.9 percent of the total population of Croatia. The bill does not explicitly list ethnic minorities in the country but it follows a general rule on equal rights for all minorities. The possibility of explicit mentioning of minorities nevertheless remains open and will be discussed probably during the second reading of the bill in the autumn. Three parliamentary committees - made up of constitutional, legislative, and local and regional self-government representatives - requested to mention the minorities in the following order: Albanian, Austrian, Bosnian, Bulgarian, Montenegro, Czech, Hungarian, Macedonian, German, Polish, Romany, Romanian, Russian, Ruthenian, Slovakian, Slovenian, Serb, Italian, Turkish, Ukrainian, Vlach and Jewish. A two-third majority (101 votes) is required for the approval of the bill. Source: Eurolang, www.eurolang.net, Trieste July 26, 2002 and August 1, 2002 by Vida Valencic THE LAW OF NATIONAL MINORITIES LANGUAGE USAGE Under the conditions regulated by the law, the practical implementation means that beside the official Croatian language another language or languages can be introduced in official usage, depending on situation in the certain local community. It is in the case when national minority creates the majority of population in certain area. Introducing another minority language as official has to be regulated in the acts of local governing body. Language use equality is in practice in the public administration including personal documents in two or more languages, the names of streets and public institutions, names of geographical areas in public and traffic letter signs. Every person who belongs to a minority has the right to use his/her language in front the courts and in other administrative procedures. THE LAW ON EDUCATION IN LANGUAGES AND LETTERS OF NATIONAL MINORITIES The Law on Education in Languages and Letters of National Minorities is basic framework for implementation and minority language practice in educational system in Croatia. Education in minority languages starts from kindergartens, and continues in primary and secondary schools or other institutions and forms of education (seminars, summer and winter schools etc). A school institution with a minority language of instructions can be formed for a lesser number of pupils then a school in which tuition is organized in the Croatian language. The other possibility is to create minority language classes or groups in schools where tuition is in the Croatian language. The advantage is that pupils who are in such educational program also learn the Croatian language. In the area where equal use of both (Croatian and minority) languages is defined by city or district regulations, pupils of school institution in which tuition is in the Croatian language will be given opportunity to learn the minority language as well. The curriculum for national minorities beside the general subjects also covers issues closely related to the national minority (language, literature, history, geography and culture of national minority). The minority part of the curriculum is defined and approved taking into consideration opinions of national minority non-governmental and other social organizations. In minority language schools, teaching is conducted by teachers who belong to a particular national minority or who are proficient in the minority language. School documents, official school papers and certificates in the minority languages program are held in both Croatian and minority languages. General regulations on publishing textbooks in the Croatian language apply for publishing textbooks in minority languages. The textbooks from other countries can be used in minority language programs with the approval of Croatian authorities. Source: Summary Presentation on Minority Languages in Croatian Educational System by Nada Jakir, Head of the Department for Bilateral and Multilateral Cooperation at the Ministry of Education and Sports of Croatia, Conference in Latvia, April 19-21, 2001, http://www.eyl2001.hr/en/riga.html Updated (January 2003) NEW LAW ON NATIONAL MINORITIES ADOPTED The Croatian parliament adopted on December 13, 2002 a new Constitutional Law on the Rights of National Minorities. Head of the OSCE Mission, Ambassador Peter Semneby, welcomed this step noting that the adoption of a good minority law has been a longstanding commitment. "Now it is essential to implement the law throughout the country," said Mr. Semneby. According to him, a largely acceptable solution had been found to the key questions of minority representation in parliament. The new law guarantees the following minority representation in parliament: the Serb minority (constituting 1.5 percent of the population) can vote up to three representatives, the Italian and Hungarian minorities have one delegate each, the Czech and Slovak minorities have one joint representative. The remaining minority groups (Austrian, German, Ruthenian and Ukrainian) are guaranteed one joint representative as well. The law also provides conditions for minority participation in public life both on a local and a regional level. The Mission will only be able to comment on the newly adopted law after it will have a chance to study the text carefully. The next step will be to ensure that the provisions embodied in the constitutional law are reflected in the Election Law in a manner that guarantees fair procedures for minority representation in parliament. Source: Minelres News Archive, Zagreb, December 13, 2002, http://www.osce.org/news/generate.php3?news_id=2959&uid=2 Eurolang News, Brussels, December 16, 2002, by Hannah McGlue, http://217.136.252.147/webpub/eurolang/pajenn.asp?ID=4014 Updated (November 2003) CONSTITUTIONAL LAW ON THE RIGHTS OF NATIONAL MINORITIES, 2002 Until recently, the major law affecting national minorities and their linguistic rights in Croatia was the 1991 Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia. However, at its session on December 13, 2002, the Croatian Parliament adopted a new Constitutional Law on the Rights of National Minorities.1 The new Law contains important provisions regarding the use of minority languages in the electronic media. Article 1
This Article draws up the international instruments dealing with the use of minority languages in the electronic media, namely the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the European Charter for Regional or Minority Languages. Article 7
The Republic of Croatia guarantees the fulfillment of special rights and freedoms of the members of national minorities which they will exercise individually or together with the other persons belonging to the same national minority, and when defined by this Constitutional Law or a special law, together with the members of other national minorities. They can: Article 16
Associations of the members of national minorities and the representatives and councils of national minorities can receive from the institutions of a country of the same national identity, and from the legal persons of that country, without customs duty, newspapers, magazines, books, films, videotapes, audio-carriers, in a limited number of copies, that can be used for their needs, and can be, without fees, distributed to the members of the national minority. Article 18 includes a number of provisions, including:
Radio and television stations at the national, regional and local level have a task to promote understanding towards the members of national minorities; to produce and/or broadcast programming intended to inform the members of national minorities in their own languages; to produce and broadcast programs that incite and improve preservation, development and expression of cultural, religious and other identity of the national minorities; to preserve and protect their cultural goods and tradition; to produce and broadcast the programs that will introduce the members of national minorities in their area with the work and tasks of their national minority council and representatives of the national minorities. Legal persons that perform the activities of the public information (print, radio and television) shall enable the associations of the members of national minorities and institutions of national minorities to participate in the production of the program intended for the national minorities. Article 31
Councils for National Minorities in a self-government unit have the right to give opinions and proposals for the program on radio and television stations at local and regional level directed to national minorities and for the programs that refer to minority issues. THE LAW ON CROATIAN RADIO AND TELEVISION, 2001 The Law on Croatian Radio and Television requires HRT (Croatian TV) to produce and/or broadcast programs intended for the members of national minorities in the Republic of Croatia. The Government and HRT must regulate by a contract their mutual rights and obligations with respect to these programs. Article 9 (1) HRT shall provide for the use of the Croatian language and Latin script in radio and television programs. (2) HRT shall also promote creativity in the dialects of the Croatian language. (3) The use of the Croatian language shall not be mandatory:
(4) The use of the Croatian language shall not be mandatory in the programs intended for the members of national minorities and ethnic communities. Source: Minority-language Related Broadcasting and Legislation in the OSCE, Program in Comparative Media Law and Policy (PCMLP), Center for Socio-Legal Studies, Wolfson College, Oxford University & Institute for Information Law (IViR) (http://www.ivir.nl/index-english.html), Universiteit van Amsterdam (Study commissioned by the OSCE High Commissioner on National Minorities), April 2003, edited by T. McGonagle (IViR), B. Davis Noll & M. Price (PCMLP), http://www.ivir.nl/publications/mcgonagle/Minority-language%20broadcasting.pdf
1 By the date of its entry into force, the aforementioned 1991 Constitutional Law has ceased to be effective. Updated (January 2005) THE USE OF LANGUAGE IN LOCAL SELF-GOVERNMENTS The Constitutional Law on the Rights of National Minorities provides for the right to use officially and on equal terms the language and script of persons belonging to a particular national minority in the area of a local self-government unit, where this minority comprises at least one third of the total population (based on the 2001 Census data)1. In case a minority constitutes less than one third of the population in a respective city or municipality, its language and script still can be used as an official one; however, only if it is regulated by international agreements and statutes of the unite of local self-government. Some organizations (the CoE Advisory Committee) consider this threshold as unreasonable and they propose to lower it to 10 – 20 percent. For example, in the city of Vukovar, where 32.88 percent of the total population are ethnic Serbs, the Serbian language and script cannot be introduced as a second official language. Some units of local self-governments, such as the municipalities of Vojnic, Krnjak, Gvozd, Donji Kukuruzari, Dvor, Korenica, in which the threshold for legal exercise of the right on the equal official use of the Serbian language and script is satisfied, did not build this provision into their statutes although they were obliged to do so. State administration offices that are obliged to monitor the implementation of the Law on the Use of Language and Script of National Minorities and the Constitutional Law on the Rights of National Minorities have not reacted so far and thus the municipalities have not amended their statutes. The Hungarian national minority submitted an official request for introduction of the Hungarian language into official use in the city of Beli Manastir although this minority constitutes only 8.5 percent of the total population there. This request drew the attention of the media and caused certain negative public reaction although the Hungarian minority enjoyed the same right before 19912. The exercise of the right to use minority languages and scripts as official in some units of local self-governments depends on political will of the representatives of local self-governments (for example, the statutes in the Istria county introduced the Italian language as equal to Croatian in official use) and adjustment of the census results with possible changes in the ethnic composition caused by the return of refugees and displaced persons. THE LANGUAGE USED IN PASSPORTS According to the Memorandum from the Ministry of Interior no. 511-01-72-6012/4-02, March 18, 2002 passport application forms are printed in the Croatian language and Latin script and additionally also in English and French and they need to be filled exclusively in the Croatian language and Latin script. Therefore, the signature of an applicant on both Form 5 and 7 (data to be entered into the passport) should be written in Latin script3. Article 9 (2) of the Constitutional Law stipulates that the members of national minorities are entitled to an ID Card form printed and filled in their language and script. However, according to the Ministry of Interior, this right can be exercised on request only by those persons belonging to national minorities, who live in the areas where the language used by the respective minority was officially introduced as the second official language besides Croatian. Thus several applications of the ethnic Serbs from Vukovar area for bilingual ID cards were rejected on the basis of the opinion of the Ministry of Interior. In some municipalities the right to have topographical signs and names in a minority language is not fully respected. The example of a partial exercise of this right is noticed in four municipalities of the Vukovar-Sirmium County (Trpinja, Borovo, Markusica and Negoslavci) where the Serbian language is in official use. In spite of this there are no bilingual (Croatian and Serbian) signage, even though municipal officials asked for them many times. EDUCATION Although the Constitutional Law supports preservation, development, promotion and expression of minorities' national and cultural identity, and persons belonging to national minorities may establish associations, foundations and institutions for the performance of public information activities and cultural, publishing, museum, archival, library and scientific activities, in practice, some minority communities still face problems with exercising their rights (adjustment of textbooks in minority languages, plans and programs for education of national minorities and human recourses trained to teach in minority language). At the beginning of academic year 2003/2004, a moratorium on teaching history of former Yugoslavia in the period between 1989 and 1995, which was introduced in 1997, for the Serbian students in former UNTAES area4, has expired. The Ministry of Education and representatives of the Joint Council of Municipalities5 agreed to produce special history textbooks for the students of Serbian ethnicity in order to have a more impartial and better balanced viewing of the recent history (the time prior to the 1991–1995 war period). The new textbooks have not yet been produced; however, both Serbian and Croatian experts work on them. The members of national minorities are entitled to upbringing and education in the language and script they use. The Constitutional Law on the Rights of National Minorities also guarantees national minorities' the right to be educated in the language of the majority. The Serbs and persons belonging to other minorities living in the former UNTAES area are guaranteed the right to educational and cultural autonomy pursuant to Article 8 of the Letter of Intent on the completion of the peaceful integration from 1997 submitted by the Croatian government to the UN Security Council. According to the Law on Upbringing and Education of Persons Belonging to National Minorities, minority languages and scripts can be used at pre-school, primary and secondary level and at other educational institutions. The schools using a minority language as the language of instruction can be founded even if a number of pupils is lower compared with the number of pupils required for the establishment of a school where teaching is performed in the Croatian language. Pupils who attend classes in the language and script of a minority have both the right and obligation to study the Croatian language and Latin script as well. A school curriculum, apart from a general part, contains also the subjects related to the specifics of a particular national minority (mother tongue, literature, history and geography). Upbringing and education of persons belonging to national minorities is performed through the three basic models: A — teaching in a language and script of national minorities B — bilingual teaching C — promotion of a language and culture of minorities Model A prefers founding of separate schools where teaching is performed in a minority language and script. In case of the Serbian minority, the government's attitude is rather different compared with the similar requests made by Italian and Hungarian minorities. The Italian minority in Istria and the Hungarian minority in Eastern Slavonia have established separate minority schools with their languages as languages of instruction. The issue of a formal founding and registration of minority schools in the Serbian language continues to be unsolved because of the silence of the administration. Since July 2002, the Serbian minority has asked for founding and formal registration of schools operating in the Serbian language and Cyrillic script6 but they met only with negative reactions from the authorities. The then Prime Minister claimed that such a request might result in a segregation of Serbian school children. Concerning the isolation of minorities, incidents between Serbian and Croatian students happen occasionally in the area of Eastern Slavonia. For example, school facilities in the city of Vukovar are divided to Croatian and Serbian classes when the Croatian students attend classes in reconstructed school premises while the Serbian children still use an old and unreconstructed building. In Knin, despite a constant effort of the Serb Cultural Association "Prosvjeta" and Serb Orthodox Church, the students of Serb ethnicity are not provided with an additional school program in their mother tongue. Although the children and their parents in the towns of Pakrac and Daruvar had been interested in forming Serbian-language classes, their request was rejected with the explanation that the number of students is insufficient to form a separate class. MINORITY REPRESENTATION AT NATIONAL AND LOCAL LEVELS The Republic of Croatia through the Constitutional Law on the Rights of National Minorities guarantees ethnic groups a minimum of five and a maximum of eight representatives in the Croatian Parliament. National minorities who make up more than 1.5 percent of the total population in Croatia shall be guaranteed a minimum of one and a maximum of three seats in Parliament7. Amendments to the Law on Election of Minority Representatives into the Croatian Parliament, adopted in April 2003, extended the earlier right of national minorities and allowed to elect eight minority representatives into Parliament. Thus in 2004, persons belonging to the Serb national minority had three representatives, Hungarians and Italians had one each and the remaining nineteen minorities living in Croatia had three representatives altogether. The Constitutional Law guarantees the right to proportional representation in state administrative and judicial bodies as well as in the bodies of the units of local and regional self-governments to the persons belonging to national minorities. According to the Constitutional Law, the persons belonging to national minorities shall, under the same conditions, be given a priority over the others in employment within those bodies. Source: Shadow Report on the Implementation of the Framework Convention for Protection of the Rights of National Minorities in the Republic of Croatia, the implementation period between 1999 and 2004, submitted to Council of Europe, Directorate General of Human Rights Secretariat of the Framework Convention for the Protection of National Minorities, July 2004, http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1099581607468
1 The Law on the Use of Language and Script of National Minorities also dealt with this issue; however, it was not so precise in its wording as it stipulated that a minority language is equal to the Croatian language if the minority speaking this language constitutes the majority in the respective area (city or municipality). This provision was unclear since it was impossible to conclude whether the majority was relative or absolute one so nowadays the threshold is precisely established. 2 Therefore, it could be considered as a reference to "acquired" rights. 3 Thus some ethnic Serbs are deprived of the right to sign their passport application forms in Cyrillic (Serbian) script, and to use their names in a written form. According to the Law on Personal Names, every person is obliged to use his or her name. 4 United Nations Transitional Authority in Eastern Slavonia, Baranja and Western Sirmium, (January 1996 – January 1998). Established with military and civilian components to, among other things, supervise and facilitate demilitarization; monitor return of refugees; contribute to the maintenance of peace and security; establish a temporary police force; undertake tasks relating to civil administration and public services; organize elections; and undertake other activities relevant to the Basic Agreement. UNTAES concluded its mandate in January 1998, having accomplished its key objective of peacefully reintegrating Eastern Slavonia, Baranja and Western Sirmium into Croatia. 5 Serbian organization established in accordance with the Letter of Intent by the Republic of Croatia on completion of the process of peaceful reintegration under the UNTAES administration in 1997. 6 Teaching in the Serbian language and script is already being performed in some schools, but these are not formally registered as minority schools. 7 in compliance with the Law regulating the Election of Minority Representatives into the Croatian Parliament. Updated (January 2005) THE LAW ON CRIMINAL PROCEDURE Final draft (Nn.62/03) Article 7
THE LAW ON CIVIL PROCEDURE Article 105
THE LAW ON GENERAL ADMINISTRATIVE PROCEDURE
THE LAW ON IDENTITY CARD Article 8 An Identity Card sheet is printed in the Croatian and English languages and Latin script, it is filled out in the Croatian language and Latin script only. When regulated with a special law or international agreements, a sheet of an identity card for a member of a national minority group shall be printed also in the minority language. A sheet mentioned in paragraph 2 of this Article shall be filled out in the Croatian language and Latin script and a language and scripts of members of national minorities. Source: Shadow Report on the Implementation of the Framework Convention for Protection of the Rights of National Minorities in the Republic of Croatia, the implementation period between 1999 and 2004, submitted to Council of Europe, Directorate General of Human Rights Secretariat of the Framework Convention for the Protection of National Minorities, July 2004, http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1099581607468 |
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