As to the individual provisions of

the Framework Convention

 

Section I

 

 

 

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.

 

Austria has always been among the countries that have been particularly active in preparing international documents for the protection of minorities.

 

Austria signed the Council of Europe's Framework Convention for the Protection of National Minorities in early February 1995. On 30 September 1997, the Federal Government submitted the Framework Convention together with the Interpretative Declaration, which confines the scope of the Convention to national minorities, to the Nationalrat (the lower house of the Austrian Parliament) for its approval in accordance with Article 50 para.1 of the Federal Constitutional Act. Austria ratified the Framework Convention on 31 March 1998. It entered into force for Austria on 1 July 1998.

 

That the Austrian Government is well aware of its special responsibility for minorities, clearly emanates from the Government Programme of February 2000 and the preceding Declaration of 3 February 2000.

 

 

 

 

The provisions of this Framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation between States.

 

Austria also supports this aim of the Council of Europe which transpires from Article 2 through a wide range of bilateral agreements it has entered into, for example, in the cultural, scientific and other fields. Austria maintains very good bilateral relations with its neighbour countries. Of the large number of cultural agreements concluded by it, in particular the European Cultural Agreement, Fed. Law Gazette No. 80/1958 deserves to be mentioned in this respect.

 

The fact that the Federal Government feels strongly committed to these aims is also reflected in a number of multilateral agreements. Austria has ratified in particular the following international agreements:

 

-      the International Covenant on Civil and Political Rights of 9 December 1966;

-      the International Covenant on Economic, Social and Cultural Rights of 19 December 1966;

-      the International Convention on the Elimination of all Forms of Racial Discrimination of 7 March 1966;

-      the Convention for the Protection of Human Rights and Fundamental Freedoms and the Additional Protocols thereto;

-      the Charter of the Council of Europe.

 

Last but not least reference must also be made to the large number of OSCE documents, which Austria fully supports.

 

 

 

 

 

 

1.                       Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such, and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.

 

2.                       Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present Framework Convention individually as well as in community with others.

 

As to para. 1

Under Section 1 para. 3 of the Minorities Act, everyone is free to declare his or her affiliation with a national minority. No person belonging to a minority shall be put at a disadvantage as a result of exercising or not exercising the rights to which he/she is entitled as a member of such a minority. No one is under an obligation to show his or her affiliation to a national minority.

 

As to para. 2

Paragraph 2 must be looked at in conjunction with the regulations enshrined in the Austrian Basic Law (equality before the law, freedom to form associations and right of assembly, freedom of conscience and creed, ...). As has already been outlined in Part I under 2.1., Article 14 of the European Convention on Human Rights is of particular relevance regarding the protection of national minorities.

 

There is a comprehensive system of protection regarding the rights of individuals in Austria. Members of national minorities can assert the rights granted to them under Austrian law via the legal channels set out in the Constitution. If they consider their rights to have been violated by an administrative act, they may file a complaint with a court of public law (the Administrative Court or Constitutional Court).

 

In a recent ruling, for example, the Constitutional Court, in determining complaints by parents, held that bilingual education must not be restricted in the respective Carinthian regions to the first three grades of elementary school but is to be extended to all four grades in these schools.

 

There are only few collective rights under the Austrian minority law, including the right of the National Minority Advisory Councils (Volksgruppenbeiräte) to deal with pertinent issues, and the right of representative minority organisations to make proposals for the appointment of the members of these councils, including the possibility of certain representative organisations to challenge the composition of the respective Advisory Council by filing a complaint with the Administrative Court (Section 4 para.1 of the Minorities Act; see also the comments under Article 15).

 

Some minority organisations call for a strengthening of collective rights (primarily the right of associations to take legal action).

Section II

 

 

 

 

1.                       The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.

 

2.                       The Parties undertake to adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

 

3.                       The measures adopted in accordance with paragraph 2 shall not be considered to be an act of discrimination.

 

 

As to para. 1

This requirement has been fulfilled in Austria by the general principle of equality (Article 7 para. 1 of the Constitutional Law), which is one of the pillars of the Austrian Constitution. According to this principle, all federal nationals are equal before the law. It is equally binding upon all state organs, viz. organs at the federal, regional and local levels.

 

In addition, Article 66 para. 1 of the Treaty of St. Germain-en-Laye, which is of constitutional standing, stipulates that all Austrian nationals shall be equal before the law and shall enjoy the same civil and political rights without distinction as to race, language or religion. Under Section 67 loc. cit., Austrian nationals who belong to racial, religious or linguistic minorities shall enjoy the same treatment and security in law and in fact as other Austrian nationals.

 

Moreover, Article 7 para. 1 of the State Treaty for the Re-establishment of an Independent and Democratic Austria provides that Austrian nationals of the Slovene and Croat minorities shall enjoy the same rights on equal terms as all other Austrian nationals.

 

Last but not least, reference must also be made to Article 14 of the European Convention on Human Rights, which - like the Convention as such - is part of the Austrian Federal Constitution.

 

 

As to para. 2

The general principle of equality enshrined in para. 1 does not prevent the legislature from giving preference to members of a national minority over members of the majority population. According to the Constitutional Court's case-law, the equality principle requires the legislature to apply the same legal consequences to the same facts, and different legal consequences to different facts (objectivity rule). As far as the protection of minorities is concerned, the Constitutional Court has held (Coll. VfSlg. 9224/1981) that the various provisions of constitutional standing relating to national minorities in their entirety imply an evaluation by the constitutional legislature in favour of the protection of minorities. It is for the (simple) legislature to take into account this evaluation in adopting rules and regulations. Putting members of national minorities on an equal footing with members of other social groups by relying more or less on a specific pattern, will not always satisfy the requirements of such a constitutional evaluation. Depending on the issue to be determined, the protection of members of a minority against members of other social groups may from an objective point of view justify or even require the favourable treatment of that minority in certain cases.

 

This is also the aim of the above-mentioned provision enshrined in Article 8 para. 2 of the Federal Constitutional Act. It contains a mandate for the state organs, requiring them to act in accordance with this provision.

 

The Constitutional Court also considers such provisions to be a useful tool for legal interpretations as they give regulations serving that aim an objective justification.

 

Article 8 para. 2 of the Federal Constitutional Act reads as follows:

 

"The Republic (Bund, Länder and Gemeinden) is committed to its linguistic and cultural variety, which has evolved in the course of time and finds its expression in the autochthonous ethnic groups. The language and culture, continued existence and protection of these ethnic groups are to be respected, safeguarded and promoted."

 

Item 5.5. of the Code of Honour of the Austrian press prohibits any discrimination on racial, religious, national, sexual or other grounds. The code contains self-imposed principles regarding the work of the Austrian media.

 

A number of pertinent investigations show that persons who grow up bilingual, often have a higher educational level. This is also true of persons belonging to minorities in Austria, except for the Roma, where (educational and extracurricular) programmes for children and young persons funded directly or indirectly by the State, are to remove still existing deficiencies.

 

National minorities whose autochthonous settlement areas are situated in less prosperous regions, are affected by that disadvantage in the same way as the majority population in these areas. They are, however, particulary affected by such a situation if the exodus of the younger members to the large industrial areas, leads to a disproportionate number of old persons within the group in these regions. This is a problem faced by all national minorities except those living in Vienna.

 

 

 

 

 

1.                       The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.

 

2.                       Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.

 

As to para. 1

By providing financial assistance, both the federal and regional governments enable members of national minorities to maintain and develop their culture and are thus making a major contribution in that respect.

 

For Austrian minorities a person's religious belief is not an important characteristic feature of his or her identity. Nevertheless, previous and current efforts by religious institutions that are aimed at maintaining the linguistic skills of members of these groups, play a decisive role.

 

In particular the provision of state subsidies makes it easier for these groups to preserve their cultural heritage and develop their culture. Since the entry into force of the Minorities Act, for example, the Federal Chancellery has made the following financial contributions:

 

 

1977:          ATS 5 million

1978:          ATS 5 Million

1979:          ATS 5 Million

1980:          ATS 5 million

1981:          ATS 5 million

1982:          ATS 5 million

1983:          ATS 5 million

1984:          ATS 4.25 million

1985:          ATS 3.825 million

1986:          ATS 5 million

1987:          ATS 4.850 million

1988:          ATS 4.462 million

1989:          ATS 14.35 million*

1990:          ATS 20.35 million

1991:          ATS 24 million

1992:          ATS 34 million**

1993:          ATS 37.8 million

1994:          ATS 39.8 million

1995:          ATS 52.72 million***

1996:          ATS 52.72 million

1997:          ATS 52.72 million

1998:          ATS 67.72 million

                   ATS 15 million of which were used to promote minority radio programmes

1999:          ATS 66.848 million

                   ATS 15 million of which were used to promote minority radio programmes

2000:          ATS 51.848 million

 

 

* The high increase is due to the establishment of the Slovene Minority Advisory Council.

 

** The Advisory Council for the Hungarian Minority was expanded (including the Hungarians in Vienna) and the former Advisory Council for the Czech Minority was divided into an Advisory Council for the Czech and an Advisory Council for the Slovak minority.

 

*** The amount of ATS 42.72 million originally provided for in the Government bill, was raised by 10 million to ATS 52.72 million in the light of a greater financial need resulting from the establishment of several advisory councils (the political background being an attack on Roma in February 1995).

 

Unlike in many other areas supported by the State, the amount available for national minorities under the respective Federal Budget Acts was kept as far as possible on the same level or slightly below that level between 1995 and the year 2000 (except for earmarked funds).

 

 

Structures of minority associations in Austria

 

Due to the settlement structure, the Burgenland Croats do not have a cultural or economic centre. It was thus at a very early stage that local activities in the cultural field constituted a pillar for strengthening their identity. Local associations (32 music bands, 14 theatre groups, 12 choirs, around 40 local cultural associations) therefore play an important role. During the last 60 years, a number of associations and organisations that are engaged in national activities, have been established for Burgenland Croats; during the last few decades cultural associations have also been established in Vienna.

 

Below is a comprehensive list of associations with national activities in various fields including culture, adult education, media, literature, scientific work and documentation:

 

-      HKD - Hrvatsko kulturno drustvo (Croat cultural association)

-      hkdc - Hrvatski kulturni i dokumentarni centar (Croat Cultural and Documentation Centre)

-      HStD - Hrvatsko stamparsko drustvo (Croat Association of the Press)

-      HNVS - Narodna visoka skola Gradiscanskih Hrvatov (Adult Education Centre of the Burgenland Croats)

-      HGKD - Hrvatsko gradiscansko kulturno drustvo (Cultural Association of the Burgenland Croats in Vienna)

-      HAK - Hrvatski akademski klub (Croat Club of University Graduates)

-      ZORA - Drustvo gradiscanskohrvatskih pedagogov (Association for Burgenland Croat Pedagogues)

-      ZIGH - Znanstveni institut Gradiscanskih Hrvatov (Scientific Institute of the Burgenland Croats)

-      DOGH - Drustvo za obrazovanje Gradiscanskih Hrvatov (Educational Centre of the Burgenland Croats);

 

Associations engaged in regional activities are:

-      KUGA - Kulturna zadruga (Großwarasdorf Cultural Association)

-      PAIN - Panonski Institut (Pannonian Institute, Güttenbach).

 

 

The work of these associations for the benefit of national minorities includes in particular the maintenance and strenghtening of local cultural activities (music, theatre, literature), academic assistance and evaluation of bilingual education, preparation of new text books and educational material for schools and kindergartens, special training programmes for bilingual pedagogues, school projects and participation in school partnerships, developing new forms of cultural work (youth culture, contemporary literature, New Media, etc.), establishing documentation and information centres on the history of the respective minorities (promoting scientific work, etc.), ensuring and extending the provision of information by the media in the respective minority language, promoting a further linguistic standardisation and developing strategies for introducing bilingualism into economic life (by providing translation, au-pair and student exchange services, etc.) as well as issuing publications. In addition, a wide range of courses are organised for adults, and international contacts are maintained through an extensive co-operation.

 

Finally, it must be pointed out that the Croat villages in Burgenland have a large number of different associations, which - apart from those dedicated to the preservation of the Croat language and culture - hardly differ in their structure from associations in Geman-speaking places. The activities of these associations are organised and carried out mostly by volunteers free of charge. They are primarily aimed at satisfying the cultural needs within a certain village and are therefore confined to the respective minority. Some areas (e.g. folklore, laymen theatre) require a more effective use of elementary structures and networking of activities. Since this work is largely done by individuals, its continuation cannot be secured on a long-term basis. The study "Cultural Management in the Village: An Examination of the Cultural Activities in Croat Villages, Structural Analysis of Associations" ("Kulturmanagement im Dorf: Untersuchung der kulturellen Aktivitäten in den kroatischen Dörfern, Strukturanalyse des Vereinswesens"), which was published in 1998, suggests a new approach and presentation of existing activities on the basis of concrete projects and professional cultural management. The suggestions are currently being implemented (projects: Stinatz House, burial ground and old forge in Schandorf, cultural summer in Parndorf, pilgrimage church in Dürnbach).

 

The associations and institutions of the Slovene minority in Carinthia include political, cultural and youth organisations:

 

The Zentralverband slowenischer Organisationen/Zveza slovenskih organizacij (Central Association of Slovene Organisations) is one of the two democratic and legitimate umbrella organisations which for many decades have been representing the political interests of Carinthian Slovenes. Its anti-fascist orientation is not only a reflection of its historic roots in the resistance movement during World War II but also of a strong opposition to current political and nationalist tendencies of regarding the Slovene minority as a homogenous national and ethnic entity or putting its social significance into question. The Central Association thus supports a broader and less strict interpretation of the term minority that refutes any attempts at a collective classification based on the declaration principle.

 

The Rat der Kärntner Slowenen/Narodni svet koroških Slovencev (Council of Slovenes in Carinthia ) was established in 1949 as an independent association and is one of the two central organisations representing the Slovenes in Carinthia. The Council is not an umbrella organisation, but closely cooperates with a number of Slovene minority organisations. It is not ideologically orientated, relies on an electorate of currently more than 6,200 persons living in Carinthia's multilingual region, and has over 18 local committees. The chairman and the 48-member Volksgruppentag, which is the Council's main decision-making body, are directly elected every four years on the basis of democratic elections. The Council represents, inter alia, the political, cultural and economic rights and interests of Slovenes in Carinthia. It strongly adheres to a separate policy and therefore also supports independent Carinthian Slovene cadidates in local and regional elections. It wants to secure a legally guaranteed representation of the Slovene minority in the Carinthian parliament. Its activities are aimed at preserving the group's ethnic identity and enabling its development and social integration in Austria as an equal partner. A special concern is to promote the co-operation with citizens and structures in Slovenia in the cultural, economic, political and other fields. The Council also publishes the weekly "Naš tednik" in Slovene. It is part of a national and European network of minority organisations - the National Minorities Centre in Vienna, the Austrian Committee of the European Bureau for Lesser Used Languages (EBLUL), the Federalist Union of European National Minorities - and is very active in promoting a close co-operation and strenghtening of national minorities.

 

The Slowenischer Kulturverband/Slovenska prosvetna zveza (Slovene Cultural Association) is an umbrella organisation comprising 43 local cultural associations. It runs four cultural centres and has its own Slovene Study Library in Klagenfurt. It offers various services to its members, including the provision of cultural groups, theater performances, organisational and financial assistance for cultural programmes, preparation of invitations, information and advice on cultural issues. At its seat, the Association houses a comprehensive archive of theatre scripts and notes that are available to member associations free of charge. In addition to providing these services, the Association also pursues its own activities. The promotion of artists being one of its major aims, it commissions compositions and scripts for theatre plays to give musicians and authors an opportunity to work in two languages. As a result of these efforts, the association produces two theatre performances each year and organises a number of concerts and readings by authors. Once a year, in November, there is a performance show with numerous choirs. The association also organises lectures on interesting topics (monority policies, the health system, arts and culture, EU), further training courses for members and officials, dance, language, painting, theatre and ceramics workshops for adults and young persons. During the last ten years, around 40 books have been published by the association.

 

The Christliche Kulturverband/Kršèanska kulturna zveza (Christian Cultural Association) was established in Klagenfurt in 1953 as the successor organisation of the Christian-Social Association for Carinthia. Since then, the aims of the association, which is seated in the Hermagoras House, have remained largely the same. Its purpose is to preserve, represent and promote the cultural achievements, needs and interests of Slovenes in Carinthia, to encourage scientific and research work in this field, to create educational and training facilities and to enable a cultural exchange between the two groups in Carinthia. There are 52 local Slovene cultural associations affiliated to the Christian Cultural Association. Since the problems and needs of the Slovene minority have changed in the course of time, the association is now trying to re-organise itself in order to meet the new challenges more effectively. The re-structuring implies giving itself a new image, making use of the new media and defining new contents. The association, inter alia, wants to take into account much more the needs of local cultural associations and individual groups, to intensify the - already successful - work with children and young persons, to place greater emphasis on the preservation of the Slovene language and on the specific needs of the family, which is one of the target groups.

 

In the academic year 1999/2000, teachers of the Slowenische Musikschule/Slovenska glasbena šola (Slovene Music School) instructed 515 pupils in 19 departments. In addition, 90 children received musical instruction prior to attending primary school.

 

The Cultural and Communication Centre (k & k) in St. Johann in the Rosental valley, was established in 1995 by the Slovene Cultural Association with the aim of adding new forms of expression to the traditional contents of the Carinthian cultural scene in the field of theatrical work, painting and education. The k & k wants to create a culture of co-existence that enables an unprejudiced and self-confident approach in dealing with bilingualism and the past. At special events and in seminars and cultural encounters the participants can experience for themselves what it means to be bilingual.

 

The Katholisches Bildungshaus/Katoliški dom prosvete Sodalitas (Catholic Education Centre) is a bilingual education centre for adults run by the Sodalitas brotherhood. The centre is a member of the working association of Austrian education centres and of the Advisory Adult Education Council of the Land of Carinthia (and the new Working Association for Carinthian Adult Education, which is currently being established). Around 550 events are held at the centre each year, including lectures, seminars, workshops, symposia, discussions, days of reflection, exhibitions, concerts, etc., of which 350 events are organised by the centre itself and 200 by other organisations. The centre's educational work focuses on the provision of further training courses in Slovene (around half of all events) and programmes that add to a better understanding and co-existence between German-speaking and Slovene people. The bilingual magazine "Dialog" (dialogue), which contains a detailed programme and already has a circulation of 14,000 copies, is sent to the participants and interested persons four times a year.

 

There are also a number of youth and student organisations such as the Carinthian Student Association (Kärntner Studentenverband), the Club of Slovene Students (Klub slowenischer Studenten) in Graz and the "Regenbogen" (Rainbow) Youth Centre in Eberndorf. Mention must also be made of the Association of Slovene Women (Verband slowenischer Frauen) and the Slovene Economic Association (Slowenischer Wirtschaftsverband). The individual communities in the bilingual region of Carinthia have a large number of smaller cultural clubs and groups, including theatre groups for children, mixed choirs and libraries.

 

The Artikel VII-Kulturverein für Steiermark (Article VII Cultural Association for Styria) represents the interests of Styrian Slovenes. Being established in 1988, one of its major aims is to secure the implementation of the rights enshrined in Article 7 of the State Treaty of Vienna (Fed. Law Gazette No. 152/1955) for the Slovene language community in Styria. Since 1995, the association runs an office in Graz; in 1998 the Pavel House in the Radkersburg community became the cultural centre of Styrian Slovenes. The association also supports an increased Slovene instruction at South Styrian schools. According to the Kulturverein, many pupils choose Slovene as an optional subject.

 

The Burgenland Hungarians have several associations whose aim is to maintain and preserve the language, traditions and cultural heritage of the Hungarian minority. The central cultural association is the Burgenland-Hungarian Cultural Association (Burgenländisch-Ungarischer Kulturverein) in Oberwart. Local associations and other organisations are active in various cultural fields.

 

The aim of the Burgenland-Hungarian Cultural Association is to preserve the Hungarian cultural heritage and language. This aim is to be achieved by promoting folk dance groups, student training programmes, language courses for children (including the publication of the journal "Hirhozo") as well as other publications and modern cultural work. The association also promotes bilingual instruction at school and the use of Hungarian for extra-curricular child-care activities. Cultural events and study trips to Hungary are organised on a regular basis.

 

The primary school for Hungarians in Burgenland offers language courses, organises cultural days and publishes books in Hungary. Finally, the cultural activities of the Unterwart theatre club and the Unterwart local folklore centre as well as the activities of the church communities deserve to be mentioned in this respect.

 

The Umbrella Organisation of Independent Hungarian Associations (Dachverband Unabhängiger Ungarischer Vereine) was founded in 1983 and comprises a number of old-established non-political Hungarian associations in Vienna. It is considered an important element for preserving the Hungarian cultural heritage outside Burgenland.

 

The Hungarian Workers' Association (Ungarischer Arbeiterverein) was founded as early as in 1899 with the aim of preserving the Hungarian language and maintaining contacts between Austria and Hungary in the cultural and sporting fields.

 

Since its establishment in 1980, it has been a major aim of the Central Union of Hungarian Associations and Organisations (Zentralverband ungarischer Vereine und Organisationen) in Austria to ensure an effective organisation of Hungarias other than those living in Burgenland, and their recognition as a national minority. It serves as an umbrella organisation of a number of organisations that were created by Hungarian refugees after 1945. It is thanks to the intiative and efforts of the Central Union that the Hungarians in Vienna and its surroundings were recognised as a national minority.

 

There are a total of 62 Czech associations in Vienna. Some of them are grouped together in umbrella organisations; the number of branch offices and main activities of each association are also given below.

 

1   Schulverein Komensky (School Association)             school maintenance, journal, youth work

1   Kulturklub der Tschechen und Slowaken                    cultural work, journal

     (Cultural Club of Czechs and Slovaks)

1   Katholische Jugend (Catholic Youth)                          church, youth work, spiritual welfare work

1   Jirasek                                                                          library

1   Nova Vlast                                                                    cultural and social work

1   Kontaktforum  (Contact Forum)                                  cultural work, arts, exhibitions 

1   Elternverein des Schulvereines                                   youth work

     (Parent Association of the School Club)

1   Tschechische Pfadfinder                                             youth work

     (Czech Scouts)

1   Akademischer Verein                                                   lecturures, cultural work

     (Academic Association)                                  

4   Arbeiter Turnverein DTJ                                               sports

     (Workers' Gymnastics Club  DTJ)                   

1   Gesangsverein Lumir                                                  choir

     (Lumir Choral Society)                                   

1   Klub der tschechoslowakischen Touristen                 tourism

     (Club of Czechoslovak Tourists)     

1   Tamborizzagruppe Adria                                             music group

     (Adria Tamborizza Group) 

1   S.K. Slovan – HAC  (sporting club)                             sports

1  Theaterverein Vlastenecka Omladina                         theater group

     (theater club)            

7   Tschechisches Herz                                                   social and cultural work

     (Czech Heart)                                   

1   Tschechoslowakische soz. Partei in Ö.                      politics

     (Czechoslovak Socialist Party in  Austria)        

1   Tschechoslowakische Volksvereinigung                     politics, journal

     (Czechoslovak People's Association)       

5   Turnverein Orel   (gymnastics club)                            sports, cultural work

8   Turnverein Sokol  (gymnastics club)                           sports, youth and cultural work

1   Verein Narodni Dum                                                    cultural work

      (Narodni Dum Association)                          

1    Verein Slovanska Beseda                                           lectures, cultural work

     (Slovanska Beseda Association)

7   Vereinigung Barak                                                        cultural work

     (Barak Association)                                       

1   Vereinigung Maj                                                            films, library

     (Maj Association)                                          

6   Vereinigung d. Tschechen u. Slowaken                      cultural work, library, tourism

     (Association of Czechs and Slovaks)        

5   Wiener St. Method-Verein                                            church maintenance, cultural work

     (Vienna St. Method Association)                        

1   Touristische Vereinigung Maj                                       tourism

     (Maj Tourist Association)                     

 

Of the above 62 associations 54 are grouped together under the Minority Council which acts as an umbrella organisation. The renovation of the Komensky School and the construction of a small sports hall are certainly the most important current activities. In addition, more than 50 associations are engaged in social activities.

 

As far as the allocation of public funds is concerned, the associations have agreed on the following list of priorities: maintenance of schools, youth work, publication of journals, maintenance of libraries and cultural property, repair work and renovations, subsidies for rental payments and events. These criteria also served as a basis for the proposals made for the allocation of funds by the Federal Chancellery. Normal club activities are largely pursued without state subsidies.

 

The first Slovak associations were established in Vienna in 1848/49, including Vzájomnost, Tatran, Jednota and others. The Österreichisch-Slowakischer Kulturverein (Austro-Slovak Cultural Association) established in 1982 as an umbrella organisation for the ambitious cultural and social work of Slovaks and their friends in Austria, continues the tradition of Slovak associations.

 

The Austro-Slovak Cultural Association maintains on its premises a "music kindergarten" for infants and school children and a kindergarten where children aged four years and over can play and participate in theatre performances. Being still subjected to strong assimilation tendencies and being a relatively young national minority that was not recognised until 1992, the Slovaks consider it their most important task to strengthen the bond between Austrian Slovaks. This is also reflected in their cultural activities. Literature events, lectures, exhibitions by minority members, film and slide presentations are organised on a regular basis on the premises of the Austro-Slovak Cultural Association. It has its own Slovak library, which also comprises books of Slovak associations from the last century.

 

The self-organisation of the Roma minority goes back to the year 1988 when Austria commemorated 50 years of its Anschluss to the Third Reich in 1938. Studies conducted to investigate the ordeal of minorities suffering from the Nazi genocide gave rise to a discussion on the group's present situation.

 

The first association was founded in Oberwart in 1989: The Verein Roma (Roma Association) is the result of a critical consideration - by both young Roma and non-Roma - of the problems resulting from stigmatisation, discrimination and social marginalisation. At the same time, the Roma Counselling Centre was established; it has been very successful in providing assistance and advice to Roma on occupational, social and educational issues.

 

In 1991, the Kulturverein österreichischer Roma (Cultural Association of Austrian Roma) and the Romano Centro association representing various Roma groups, were founded in Vienna. It is thanks to the joint activities of the above-mentioned associations, in particular the Cultural Association of Austrian Roma, that the Roma were recognised as a national minority in 1993. Apart from these three associations, the Verein Ketani (Ketani Association), which is largely supported by Sinti but also represents Roma interests, is active in Linz (Upper Austria), the "Association of the Adult Education Centre of Burgenland Roma" (Verein der Volkshochschule der burgenländischen Roma) in Oberwart, and the Romano-Drom cultural association in Vienna.

 

The Verein Roma (Roma Association) drawing exclusively on Roma from Burgenland, is engaged in social and educational work. It has been successful in various fields: By assisting pupils with learning difficulties, it ensures that no Roma child in Oberwart is attending special school any more. The number of Roma that are successfully integrated into the labour market is also increasing. The association assists persons in dealing with public authorities and in filing compensation claims for being persecuted by the Nazis. Great emphasis is also placed on the political and cultural work, including educational policy work in schools, theatre performances and other cultural events. The association closely co-operates with scientific institutions; apart from projects examining the Holocaust and the Post War Period from a political and historical point of view, the language is of special interest to researchers. Their aim is a codification, didactic implementation and preservation or creation of a "prosperous" linguistic setting, which implies the publication of journals and preparation of radio programmes.

 

The Kulturverein österreichischer Roma (Cultural Association of Austrian Roma) represents the minority's political interests in public. In addition to publishing the quarterly "Romano Kipo", the association is particularly active in establishing a Documentation and Information Centre for the purpose of examining the Holocaust and its effects. A permanent exhibition on the association's premises focussing on the history of Austrian Roma, is also in line with these aims. Another activity of the association is the provision of information in the field of educational policy.

 

The Romano Centro association differs from other European Roma associations in that it represents several Roma groups. Its social and educational work deserves to be mentioned in the first place. A target-oriented educational training of Roma children within the family has, inter alia, contributed to a sharp rise in the number of Roma pupils completing their compulsory education in Vienna. Moreover, the fact that the association provides assistance and advice on social issues, has made it a contact not only for Roma but also for public authorities. Having the largest Roma- specific library in Austria, it also acts a "service unit" for scientists. In this context, the successful "Romany project" was initiated by the association (for further details see our comments under Article 12). Apart from its media work (bilingual journal, radio) it is also engaged in international networking, which manifests itself, inter alia, in the association's close co-operation with the "European Roma Rights Centre" in Budapest and the OSCE.

 

The Linz-based Ketani association is engaged in social work, counselling and cultural activities. It offers assistance in connection with compensation payments to Nazi victims, cares for refugees and provides information on the minority's socio-historical situation. The exhibition "Wege nach Ravensbrück. Erinnerungen von österreichischen Überlebenden des Frauenkonzentrationslagers" (Ways to Ravensbrück. Reminiscences of Austrian survivors of the Women's Concentration Camp) also deserves to be mentioned in this respect. Further activities are aimed at preserving the group's language and cultural heritage in co-operation with scientific institutions.

 

The "Association of the Adult Education Centre of Burgenland Roma" in Oberwart offers special courses to Roma and non-Roma on the minority's language and culture. Another important task is the documentation of its socio-historical and socio-cultural situation. The first result of these efforts is the exhibition "Roma 2000", which is also designed for a presentation in schools.

 

The work of the Vienna Romano Drom Association focuses in particular on the production of theatre plays in Romany that give an insight into the minority's past and present situation. These productions - together with other works of literature - are of decisive relevance for the group's cultural emancipation.

 

Finally it must be noted that in the last few decades a special phenomenon could be observed: viz. that many Roma were fleeing their identity as a result of their social emancipation. The trauma of Nazi extermination camps and social discrimination caused many Roma to leave their original settlement areas and to "submerge" into the anonymity of the conurbations. Those who, through their own efforts, managed to climb up the career ladder and to gain an important position in social life, do not want to be associated with the Roma minority any more.

 

It is thanks to the activities of the above associations and other organisations that the last ten years have seen a reversal of this trend. There is now a greater sense of identity within the Roma minority, which has been encouraged in particular by the group's own associations and clubs as well as by its formal recognition as a national minority.

 

As regards the preservation of Romany, reference is made to the various educational efforts set out under Articles 12 and 14.

 

As to para. 2

A major problem faced by most autochthonous minorities in Austria today is the strong pressure exerted on them with a view to their assimilation. This is due to the fact that they have relatively few members, live in open settlement areas and have to cope with new situations (fewer farmers, more communication with persons speaking other languages, mobility and mixed marriages). Economic and social problems (e.g. commuting, rural exodus) may result from the peripheral location of these settlement areas, which also basically affects the local majority population.

 

Assimilation tendencies are enhanced by a lack of adequate facilities in important social fields such as the media, where there is not always a sufficient news coverage in the minority language. Another important factor is the increasing number of mixed marriages, which give rise to special problems regarding the language used by parents in raising their children. Among young persons, an internationalisation of interests which is also partly in conflict with the traditional image of national minorities, can be observed.

 

The Framework Convention is trying to prevent policies and objectives by the Parties that are aimed at an assimilation of persons belonging to a national minority. In Austria, the promotion of these groups is considered an important measure to counteract such assimilation tendencies. Moreover, the legal provisions governing national minorities in Austria require the establishment of advisory councils for national minorities that offer advice to the Federal Government and individual ministers on issues concerning these groups, and may also be addressed by the regional governments.

 

As is evident from the Government Programme of February 2000, the Federal Government considers the cultural, linguistic, ethnic and religious variety in Austria a particularly valuable asset. It has also stated in the Declaration of 3 February 2000 that it acknowledges its special responsibility regarding the respectful treatment of ethnic and religious minorities. A respectful treatment must go far beyond the mere toleration of national minorities. The demands raised by these groups in their memorandum for their full acceptance and equal treatment are therefore justified. Various efforts are currently being made by Austrian politicians for promoting the preservation and development of the identity of national minorities (see, for example, the financial assistance provided to these groups) in order to counteract assimilation tendencies.

 

 

 

 

 

1.                       The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

 

2.                       The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

 

As to para. 1

An important prerequisite for a spirit of tolerance, intercultural dialogue and mutual respect is a close co-operation between the State, the majority population and members of national minorities. Any educational measure to that effect (civics, school partnerships, etc.) is therefore of particular relevance in this respect.

 

A positive example for such a co-operation is the preparation and gradual implementation of the "Memorandum of the Austrian Minorities". It contains contributions of all six national minorities, and efforts are currently being made by the political decision-making bodies for their implementation.

 

The Memorandum not only calls for respecting the ethnic, cultural, linguistic and religious identity of all persons belonging to national minorities but also for creating the necessary conditions that enable them to express, preserve and develop their identity.

 

The importance attributed to the fields of education, culture and the media, and the measures taken by Austria in this respect, will be discussed under the respective Articles.

 

In order to ensure respect for human rights, a "Human Rights Advisory Council" (Menschenrechtsbeirat) has been established at the Federal Ministry of the Interior as an independent organ designed to review and monitor the activities of the security services. Moreover, since 1998 coordinators deal with human rights issues at the Austrian federal ministries and the governments of the nine Austrian Länder.

 

At the Federal Ministry of the Interior various training courses and projects have been carried on human rights issues and tolerance for other national minorities. In 1998 and 1999, a project week, the so-called "Human Rights Week", and a follow-up were organised for the police with lecturers coming from the ministry itself and external experts from NGOs such as amnesty international or Caritas. The aim of the project is to enable the participants to act as multipliers and to pass on their experience and knowledge through a "snowball system" to the various organisational units of the police. In the autumn of 1999, the International Study Centre at the Verband Wiener Volksbildung (Association of Adult Education) for the first time offered a two-semester training course entitled "Police action in a multicultural society" that is designed to strenghten police compentence in dealing with other minorities.

 

On the occasion of the United Nations Year for Human Rights in 1998, ATS 5 million were provided as special subsidies to organisations and projects that are active in this field. The projects were proposed by a board of NGOs and selected by an inter-ministerial working group.

 

In order to prepare young persons for their future lives in a pluralistic democracy, special emphasis must be placed on an comprehensive human rights education. Informing pupils about fundamental rights and human rights and of their importance to democracy as a whole, constitutes an essential element of their political education. Teachers of all grades and subjects have been called upon to provide such information, and all schools and educational institutions have been requested to contribute to the development of suitable training methods. On the occasion of the UN Decade for Human Rights Education, the Federal Ministry of Education and Cultural Affairs has established a special service unit at the Ludwig-Boltzmann Institut für Menschenrechte (Ludwig-Boltzmann Institute for Human Rights) for their concrete implementation.

 

A special human rights course was offered for the first time by the Federal Academy of Public Administration (Verwaltungsakademie des Bundes) in its 1999/2000 study programme. It gives interested civil servants the possibility to systematically examine the various aspects of international human rights protection and to consider ways for its implementation in Austria.

 

As to para. 2

The protection of persons belonging to national minorities as required by Article 6 para. 2, is first and foremost guaranteed by the general provisions of the Penal Code (Strafgesetzbuch), which covers, for example, offences against the person as enumerated in the first Section of the Special Part as well as ss. 105 (coercion), 115 (defamation) and others.

 

Austria commits itself in Article 7 para. 5 of the State Treaty of Vienna to prohibit the activity of organisations whose aim is to deprive the Croat or Slovene population of their minority character or rights.

 

The Associations Act (Vereinsgesetz) requires the Security Directorate to prohibit unlawful associations. This includes associations within the meaning of Article 7 para. 5 of the State Treaty.

 

A special provision that is aimed, inter alia, at securing the protection of ethnic minorities is enshrined in s. 283 of the Penal Code (incitement to hostile action). It stipulates that any person who, inter alia, urges or incites others to commit a hostile act against a group defined by its affiliation to a nation or tribe or who publicly stirs up hatred against such a group or in a manner which violates human dignity, insults or seeks to disparage it, shall be liable to punishment.

 

Finally, it must be pointed out that anyone who discriminates in an unjustified manner against persons on the sole ground of their national or ethnic origin or prevents them from entering places or relying on services intended for general public use, commits an administrative offence under Article IX para. 1 subpara. 3 of the Introductory Provisions to the Laws on Administrative Procedure (EGVG).

 

In response to the bomb attack launched against four Roma in Oberwart in February 1995, the Federal Ministry of the Interior has taken the following measures for the protection of Burgenland Roma:

 

-      Daily controls and patrolling of Roma settlements in Oberwart, Unterwart and Spitzzicken by federal police organs.

-      Internal and external security controls at the "Oberwart National Minorities Congress" (Oberwarter Volksgruppenkongress) through policemen of the Burgenland Security Directorate since 1996.

-      Police surveillance of events at the open house "Offenes Haus Oberwart - OHO“ that are related to minority issues or deal with similar topics.

-      Surveillance of and participation in events in Lackenbach, at the "OHO" and in Rechnitz (Kreuzstadel) held in commemoration of the extermination of minorities by the Nazi regime.

-      Surveillance of the "Roma ball" in Pinkafeld and Grossbachsehen by police patrols.

     

   

The Parties shall ensure respect for the right of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

 

This principle, which is enshrined in Articles 9 to 11 of the European Convention on Human Rights, equally applies to members of national minorities and persons belonging to the majority population. In Austria, these freedoms are also guaranteed by the pertinent Basic Law provisions.

 

The following relevant fundamental rights are guaranteed by the Basic Law (Staatsgrundgesetz):

 

 

Article of the Basic Law	garanteed fundamental right
11	right to petition
12	freedom of association and freedom of assembly
13	freedom of opinion, freedom of the press, ban on censorship
14	freedom of conscience and creed

 

 

A resolution adopted by the Provisional National Assembly on 30 October 1918, which is of constitutional standing, has abolished all forms of censorship.

 

In addition, Article 66 para. 2 of the Treaty of St. Germain gives all persons living in Austria the right to freely exercise in private or in public any form of religion, creed or confession unless such exercise is incompatible with the maintenance of public order or violates the principle of morality.

 

Article 7 para. 1 of the State Treaty of Vienna specifically states that the Slovene and Croat minorities shall enjoy the same rights as all other Austrian nationals, including the right to their own organisation, meetings and press in their own language.

 

   

 

  The Parties undertake to recognise that every person belonging to a national minority has the right to manifest his or her religion or belief and to establish religious institutions, organisations and associations.

 

This right is given to persons belonging to national minorities in the same way as to all other Austrian nationals. As we have already outlined under Article 7, freedom of conscience and creed is guaranteed by Article 9 of the European Convention on Human Rights and Article 14 of the Basic Law as well as Article 63 para. 2 of the Treaty of St. Germain. Moreover, under Article 67 of the Treaty, Austrian nationals who belong to racial, religious or linguistic minorities shall, inter alia, have an equal right to establish, manage and control religious institutions with the right to use their own language and to exercise their religion freely therein.

 

Under the Federal Act governing the Legal Personality of Religious Communities (Bundesgesetz über die Rechtspersönlichkeit von religiösen Bekenntnisgemeinschaften), any denomination may under general conditions acquire legal personality.

 

It must be added, however, that national minorities in Austria do not differ significantly from the majority in terms of their religious belief (see also Article 5).

 

   
 

 

  1.                       The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are not discriminated against in their access to the media.

 

2.                       Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

 

3.                       The Parties shall not hinder the creation and the use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

 

4.                       In the framework of their legal systems, the Parties shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

 

Here, we would like to recall our observations under Article 7 regarding the fundamental rights situation in Austria, which equally applies to members of national minorities.

 

As far as press subsidies are concerned, reference is made to Section 2 para. 2 of the 1985 Press Promotion Act (Presseförderungsgesetz), which facilitates access to such promotion for minority media. While the Act requires a minimum circulation of 5,000 copies and the full-time employment of at least two journalists for weeklies, there are no such requirements for weeklies published in a minority language.

 

 

The Austrian Broadcasting Corporation (ORF)

 

The following may be said about the programmes of the ORF, a broadcasting operator established under public law:

 

The TV Programmes of the ORF

 

Under Section 2 para. 1 subpara. 2 of the Broadcasting Act, the ORF, in designing its programmes, shall also encourage an understanding for democratic co-existence. As far as national minorities are concerned, the programme "Heimat, fremde Heimat" (Home, Strange Home) in particular meets this obligation.

 

"Heimat, fremde Heimat" is a weekly magazine which provides information on and for immigrants and national minorities in Austria. The programme aims to further co-existence, cultural diversity and integration in Austria, and is broadcast in German and other languages with German subtitles.

 

Broadcasting Times:              Sunday, 1.00 - 2.00 p.m. on channel 2

 

                                                Saturday every fortnight 10.15 - 10.45 a.m., on 3sat

                                                This programme has been slightly adapted to be in line with the                                                      international broadcasting format.

 

"Heimat, fremde Heimat" is on the air since April 1989. The magazine started as a kind of service programme for immigrants, featuring 3-6 minute reports. The programme has changed in the course of time and now also deals with national minority issues.

 

Further changes regarding its structure and contents have tripled the number of viewers. Since then, it has gained wide-spread acceptance, which gives it a stronger voice in public debate. The programme offers up-to-date information on all topical political questions concerning immigrants or persons belonging to national minorities.

 

According to a Swiss survey, "Heimat, fremde Heimat" is the intercultural magazine with the largest number of viewers in the whole German-speaking area.

 

"Dobar dan Hrvati" (Hello Croats) and "Dober dan Koroska" (Hello Carinthia) are broadcast at the same time as "Heimat, fremde Heimat" on channel 2 for Croats in Burgenland and for the Slovenian minority in Carinthia in their mother tongue and without subtitles. "Dober dan Koroska" is produced by the Slovenian editorial office in the studio in Carinthia and "Dobar dan Hrvati" by the Burgenland-Croatian editorial office in the studio in Burgenland. The programme for Slovenes in Carinthia is also shown at a later date on RTV Slovenija on channel 1.

 

In 1990, a special TV programme entitled "Adj' isten magyarok" (Hello Hungary) was created for Hungarians in Burgenland where it is broadcast four times a year (duration: 30 minutes each).

 

In many areas in Burgenland, programmes from Hungary and Croatia can be received via cable networks or statellites. TV programmes from Slovenia can be seen in Carinthia and Styria and programmes from the Czech Republic and Slovakia in Vienna. This technical progress gives persons belonging to national minorities in Austria a better opportunity to watch programmes in their native language.

 

The Minority Editorial Office of the ORF

 

With the introduction of TV programmes for national minorities, an editorial office for minorities was established at the ORF Broadcasting Centre.

 

The various cultural backgrounds of its staff enables them to adopt a more differentiated approach. The staff consists of Croats, Serbs, Turks, Curds, Armenians as well as members of the various Austrian national minorities. At the international level, the minority editorial office has been involved since 1997 in various programme exchange projects of the EBU Intercultural Programme Group.

 

 

ORF Radio Programmes

 

The ORF has a separate Croatian editorial office for radio programmes: Studio Burgenland allots around 9% of the transmission time to Croats and Hungrians in Burgenland. Around 15,000 minutes of Croatian programmes (41 minutes per day) and 1,300 minutes of Hungarian programmes (20 minutes each week) are currently being produced on the radio.

 

The Slovenian editorial office at the Studio Kärnten (Carinthia) prepares programmes of a duration of around 20,000 minutes each year in Slovenian, which is around 10% of the local transmission time (55 minutes per day).

 

The ORF also prepares and transmits radio programmes for and on ethnic minorities. Since October 1992, "Heimat, fremde Heimat" is broadcast on Neues Radio Wien each week. The radio programme, which is produced by the minority editorial office and broadcast on Sunday from 7.30 to 8.00 p.m., includes ethnic music ("world music"), regular interviews with studio guests representing minorities (duration: 4 times 3 minutes) and also provides information on local events. It is produced in German.

 

Until May 2000, the Romano Centro Association produced a 30-minute bilingual radio programme (Radio Romano Centro) in German and Romany, which was broadcast on the not so well-known "medium waveband" once a month. As a result, the programme did not reach a large audience and was therefore no longer aired. The radio programmes produced so far are available on the Internet.

 

The ORF Homepage

 

Since 15 May 2000, the ORF provides information to national minorities in German, Croatian and Hungarian through the Minority Editorial Office and directly through the Studio Burgenland under the address "volksgruppen.orf.at". The service covers the latest pertinent issues and developments as well as important events and provides basic information on the individual national minorities. It will soon be available in English as well. The Studio Kärnten offers the same service in Slovene for Slovenians in Carinthia and Styria.

 

Campaigns and Projects of the ORF Minority Editorial Office

 

With the aim of bringing the programme closer to both its target group, viz. ethnic minorities, and native Austrians, the minority editorial office has initiated various activities and events in recent years:

 

1996 – Xenophobia:

Campaign Day against Racism organised in co-operation with the Austrian League for Human Rights (Österreichische Liga für Menschenrechte). Within this framework, the topic "More Colour into the Media" was discussed by experts from the United Kingdom and Germany in Austria for the first time.

 

1997 - Journalism against Racism:

As a result of this workshop, organised in co-operation with the Austrian Club of Journalists (österreichischer Journalistenclub), a catalogue of recommendations and demands was presented to journalists.

 

1996 - "ORF goes to school":

An educational media project with pupils on the topic "Tensions between Immigrants and the Local Population". The students produced short films under the direction of media professionals, going through the various stages, from the screenplay to the realisation and promotion.

 

Clip 97 - "Sign of the Times - Effect of the Media":

The educational methods developed in the course of the "ORF Goes to School" project, were extended to 22 Viennese schools.

 

1999 - "Hospitality versus Xenophobia":

This symposium at the Karl Franzens University in Graz was organised in co-operation with the Austrian League for Human Rights.

 

1999 - Conference on "Rights of Minorities and Human Rights":

held at the ORF Broadcasting Centre and organised in co-operation with the Minorities' Initiative (Initiative Minderheiten).

 

1998 - Special event on the topic "The Power and Responsibility of the Media":

The ORF and the European Monitoring Centre on Racism and Xenophobia agreed on a close co-operation on various levels.

 

Clip 98 – Human Rights:

20 school classes from Vienna, Prague and Budapest participated in this education and media project.

 

1999 - "Interface TV against Racism"

Model project with the international youth, culture and education workshop "Interface" of the Vienna Integration Fund (Wiener Integrationsfonds), known as "Urban Wien". It was aimed at giving young foreigners access to the media with the assistance of media professionals.

 

Prizes awarded to the ORF Minority Editorial Office

 

The Minority Editorial Office has received a number of prizes and awards in recent years.

 

1996 - Prof.-Claus-Gatterer-Prize

for its socio-critical commitment to national and other minorities in Austria despite an atmosphere of "hostility and envy".

 

1997 - Journalism Prize awarded by the Austrian Social Democrats in the European Parliament for combatting racism in the media.

 

1997 - "ORF goes to school"

This project was ranked among the ten best of 2000 international entries of TV stations at the "UNICEF - International Emmy Awards Gala 1997" in New York.

 

1997 - "TV Series" Prize of the Austrian National Education Organisation.

 

1999 - Bronze Olive at the 4th International TV-Festival in Bar (Montenegro) for the 30-minute portrait trilogy of City Folk/Vienna.

 

2000 – ECRI Award

The educational media project "ORF goes to School" was chosen by the European Commission against Racism and Intolerance as one of the 20 best media examples of combatting intolerance and racism in Europe.

 

It clearly emanates from their memorandum of 24 June 1997 that all national minorities agree on the need of a more precise definition of the ORF's public mandate regarding the dissemination of educational and cultural programmes in minority languages. They also considered it an important factor to send one member of the National Minority Advisory Councils to the Board of Listeners and Viewers under s. 15 para. 3 of the Broadcasting Act.

 

Another aim is to create a special TV programme for Roma to be transmitted four times a year as well as a separate Hungarian editorial office at the ORF centre in Burgenland. The Memorandum also contains suggestions for creating a special unit within the ORF Minority Editorial Office in Vienna that deals exclusively with national minority issues and for reserving adequate broadcasting time for the transmission of programmes in minority languages.

 

 

Private radios

 

"Agora Korotan Lokal­radio GmbH", a private group of operators, was granted a licence by the Private Broadcasting Authority for transmitting between 1 April 1998 and 31 March 2005 a local radio programme to the settlement area of Slovenes in Carinthia on condition that at least 50% of the words contained therein are in Slovenian.

 

In Burgenland, a private operator was given a licence for transmitting local radio programmes during the same period. The private radio, which is operated with the participation of a minority organisation and called "Radio MORA - Multilingual Open Radio", offers programmes in the three minority languages spoken in Burgenland (Burgenland-Croatian, Hungarian and Romany). A one-hour evening programme deals with topical issues in the respective languages.

 

These private minority radios have so far received annual subsidies by the Federal Chancellery in the amount of ATS 15 million (see Article 5).

 

There are also private radios which devote around 10 to 15% of their broadcasting time to programmes that are intended for and aired in the languages of national minorities and immigrants, including, for example, "Radio Orange" in Vienna and "Radio Fro" in Linz.

 

Expert meeting

 

On 15 November 1999, the Federal Chancellery, in co-operation with the Working Unit for Intercultural Studies (Arbeitsstelle für interkulturelle Studien) and the Institute for Media and Communication Studies (Institut für Medien- und Kommunikationswissenschaft) at Klagenfurt University organised an expert meeting under the motto "Media in a Multilingual Setting and European Model Examples of Promoting Print Media published in Minority Languages".

 

 

The European Ethnic Broadcasting Association

 

The task of the Klagenfurt-based European Ethnic Broadcasting Association (EEBA) is to counteract the imminent dangers faced by small European countries and national minorities as a result of the global communication revolution. Its aim is to encourage, promote and facilitate the co-operation between journalists engaged in the preservation of the ethnic cultural heritage, to provide information on issues regarding the maintenance of national minorities and to create a better understanding among the general public for endangered autochthonous cultures.

 

 

The print media

 

The publication of print media is basically open to all national minorities. In practice, however, such publication and regular editing is prevented by a lack of personnel. Even with subsidies from the Federal Chancellery's Minority Assistance Fund, it is often impossible for these groups to finance periodicals and journals. This is probably a major reason why there are no minority newspapers.

 

The Croat minority has two Croat weeklies: "Hrvatske novine"/"Kroatische Nachrichten" (Croat News) and the church paper "Crikveni Glasnik Gradisca"/"Kirchenbote des Burgenlandes" (Church Messenger of Burgenland). In addition there are the quarterlies "Novi glas"/"Neue Stimme" (New Voice) and "Put"/"Der Weg" (The Path) as well as the non-periodical bilingual magazine "multi" for the cultural variety in Burgenland. Burgenland-Croat associations have their own magazines published in Croat or German and Croat.

 

Pupils learning a minority language at school, receive a regular issue of a students' magazine prepared by teachers in Croat, Hungarian and Romany.

 

There are two weeklies for the Slovenian minority in Carinthia. These are "Slovenski vestnik" published by the Central Association of Slovene Organisations (Zentralverband Slowenischer Organisationen) and "Nas tednik" published by the Council of Slovenes in Carinthia (Rat Kärntner Slowenen). Although being an information magazine for member organisations, "Slovenski vestnik" not only discusses minority issues as such but also considers them in a broader social context. It has a weekly circulation of 2,100. "Nas tednik" reports on all issues concerning the Austrian Slovene minority from politics to sport as well as on events in Slovenia, the situation of the Slovene minorities in Austria's neighbouring countries and on the various national minorities in Europe. It has a weekly circulation of 2,500.

 

The following publishing houses in Carinthia play an important role in that they publish works of literature in Slovene: the Drava Druck- und VerlagsGesmbH, Hermagoras/Mohorjeva and the Wieser Verlag.

 

The Slovene minority in Styria does not have its own newspaper. There is, however, an information magazine ("Signal"), which is published by the "Article-VII-Cultural Association for Styria" once a year.

 

The Hungarian minority does not have its own print media. Publication is confined to one quarterly club magazine and the above-mentioned pupils' magazine.

 

The following periodicals are published for the Czech minority: "Wiener Freie Blätter" (Vienna's Free Papers) appears every other week, the fellow citizens' paper "Zeitung der Landsleute" and the journal "Klub" (Club) once a month. The pupils' magazine of the Komensky School Association is published five times a year, and there are also pamphlets by various Czech organisations.

 

There is only one quarterly for the Slovak minority. Published by the Austro-Slovak Cultural Association, "Pohlady" serves as the "voice" for Slovaks in Austria. It started as a pamphlet in 1985, and has now a circulation of 1,000 copies. It primarily reports on pertinent cultural and social issues and occasionally publishes shorter works of literature by Viennese Slovaks.

 

A positive development in the efforts to preserve the culture and language of the Roma minority, is reflected in the first publications in Romany, in regular magazines by associations, the adaptation of the children and pupils' magazine "Mri Tikni Mini Multi" published by the Croat minority as well as in stories handed down from previous generations and contemporary works of literature. Here, we must mention in particular the bilingual papers "Romani Patrin"/"Roma Blatt" published by the Roma Association in Oberwart and the internationally renowned paper "Romano Centro" published by the Vienna-based association of the same name in German and Romany. The paper "Romano Kipo" (Roma Picture) is published exclusively in German by the Cultural Association of Austrian Roma.

 

   

 

  1.                       The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

 

2.                       In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

 

3.                       The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of an interpreter.

 

As to para. 1

Under Article 8 of the Federal Constitutional Act, "German is the official language of the Republic without prejudice to the rights provided by Federal law for linguistic minorities." This regulation only applies to the use of German in dealing with public authorities but does not say anything about the use of a specific language in private conversations among citizens. The Austrian legal system does not contain any regulations to that effect, thus giving everyone, including persons belonging to national minorities, the right to choose whatever language they prefer. A restriction of this right would interfere with the right enshrined in Article 8 of the European Convention on Human Rights, which is guaranteed by the Austrian constitutional law, and would also be in conflict with the general principle of equality laid down in the Constitution since a differentiation between legally "admissible" and "inadmissible" languages would require a - highly questionable - objective justification .

 

In addition, reference is made to Article 66 para. 3 of the Treaty of St. Germain according to which no restriction shall be imposed on the free use by any Austrian national of any language in private intercourse, in commerce, in religion, in the press or in publications of any kind, or at public meetings.

 

As to para. 2

Here, it must first be pointed out that the use of minority languages is not confined to relations with the administrative authorities but that such a right also exists before Austrian courts. Under Article 7 para.3 of the State Treaty for the Re-establishment of an Independent and Democratic Austria (State Treaty of Vienna), the Slovene or Croat language shall be accepted in administrative and judicial districts in the autochthonous settlement area as an offical language in addition to German. In these areas, therefore, the Croat and Slovene national minorities are directly entitled under the Constitution to use their respective language before the administrative authorities and courts.

 

In its ruling of 1987, Coll. VfSlg. 11.585/1987, the Constitutional Court held that this was a directly applicable right and that persons belonging to the Slovene or Croat minority could directly invoke that right in dealing with the authority. The existence of an implementing provision for the Croat minority in Burgenland at the time of issuance of the ruling, did not, in the opinion of the Constitutional Court, prevent a member of the Croat minority from asserting that right. A restrictive statement to that effect in the Minorities Act was therefore repealed as unconstitutional by the court.

 

Of particular relevance are the Constitutional Court's findings according to which the adoption of implementing provisions is admissible, for example, for defining the public authorities and departments before which the respective minority language may be used as an official language; this does, however, not prevent persons belonging to national minorities from using their minority language in relations with a public authority not mentioned in the ordinance, if that authority is situated in an administrative and judicial district with a Slovene, Croat or mixed population. This right does not flow from the implementing provisions but directly from Article 7 para. 3 of the State Treaty of Vienna.

 

Section 2 para. 1 subpara. 3 of the Minorities Act requires the designation by ordinance of the public authorities and departments before which the use of a minority language is permitted as an official language in addition to German. Persons belonging to national minorities can do so before such public authorities orally and in writing. The decision issued by these authorities shall be transmitted to them in German and in their native language. It has repeatedly been held by the Constitutional Court (Coll. VfSlg. 13.850/1994 and others) that in such a case, a decision shall not be considered to be successfully delivered and - thus to be legally effective - until it has been submitted in German and in the respective minority language.

 

So far, two ordinances have become effective in this respect:

 

(a) The Croat minority

An official language ordinance (Amtssprachenverordnung) entered into force for the Croat minority on 9 May 1990. Under this ordinance, Croatian is admitted as an official language in several designated communities in almost all the political provinces in Burgenland (except for the district of Jennersdorf and the two chartered towns Eisenstadt and Rust) as well as in these districts before the district authorities. Croatian is also considered an official language before the Office of the Regional Government of the Burgenland as well as before various regional federal authorities such as offices of finance. Croatian is also used as an official language before the following courts: the district courts in Eisenstadt, Güssing, Mattersburg, Neusiedl am See, Oberpullendorf and Oberwart as well as before the Eisenstadt Regional Court.

 

(b) The Slovene minority

The official language ordinance for the Slovene minority entered into force on 1 July 1977. It has made Slovenian an official language before the district authorities Klagenfurt-Land, Villach-Land and Völkermarkt as well as before the local authorities in certain communities in these political districts, before the Office of the Regional Government of Carinthia as well as before regional federal authorities such as offices of finance. Slovenian is also used as an official language before the district courts of Ferlach, Eisenkappel and Bleiburg as well as before the Klagenfurt Regional Court.

 

(c) The Hungarian minority

At its meeting on 14 June 2000, the Austrian Federal Government agreed on an official language ordinance for Hungarians in Burgenland. The ordinance still has to be adopted by the Main Committee of the Nationalrat, the lower house of the Austrian Parliament, and is to enter into force on 1 October 2000.

 

As a result of the ordinance, Hungarian will be admitted as an official language before the district authorities and district courts in Oberpullendorf and Oberwart as well as before public authorities in the communities of Oberpullendorf, Oberwart, Rotenturm an der Pinka and Unterwart. It will also become an official language in dealings with the Office of the Regional Government in Burgenland, the Eisenstadt Regional Court and other regional federal authorities such as offices of finance.

 

(d) The Roma minority

Due to the current situation concerning their language, the Roma themselves cannot imagine its use as an official language according to a survey conducted in 1994 to investigate their attitude towards and use of Romany. Its codification and stronger presence in the media, have initiated a slow but continuous process to the effect that Romany is now increasingly being used in public life.

 

As to para. 3

What we have said in respect of para.1 similarly applies to para. 3. This right clearly emanates as a right that can be invoked by anyone - and thus also by persons belonging to national minorities - already from Article 5 para. 2 and Article 6 para. 3 litt. a and e of the European Convention on Human Rights, which is of constitutional standing in Austria. The first half sentence is also guaranteed by Article 4 para. 6 of the Federal Constitutional Act for the Protection of Personal Freedom (Bundesverfassungsgesetz zum Schutz der persönlichen Freiheit).

   

 

 

 

1.                       The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in their legal system.

 

2.                       The Parties undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs, inscriptions and other information of a private nature visible to the public.

 

3.                       In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavour, in the framework of their legal system, including, where appropriate, agreements with other States, and taking into account their specific conditions, to display traditional local names, street names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

 

As to para. 1

Under section 21 of the Civil Status Act in conjunction with section 154 of the Austrian Civil Code (ABGB), the child is generally given his or her first name by the parents. There is no requirement in Austrian law that the name must be in German, nor does the surname have to be German. This also emerges from section 5 para. 3 of the Civil Status Ordinance, according to which a person's names which are to be registered on the basis of a document presented in Latin letters must be recorded as a true copy of the original letters and characters. This means that diacritic characters not used in the German language must also be used.

 

However, the civil status register must be kept in German (section 18 of the National Minorities Act). If documents are submitted for entry in the civil status register in a national minority language, the authority needs to have them translated. Conversely, copies from the civil status register must be translated into the language of the national minority concerned (section 20 of the National Minorities Act). According to the case-law of the Constitutional Court (Coll. VfSlg. 14.452/1996), this also applies if the procedure to be recorded (e.g. a wedding ceremony), failing a request by the member of that national minority, is not conducted in the language of that minority.

 

As a result of the law modifying the right to use a specific name, which amended the Personal Name Modification Act (NÄG), people were largely free to change their name. This law enabled members of a linguistic minority who already have a Germanized name to change their name into its original version in the minority language. It is now possible for people to change their names for any reason they choose.

 

However, such a change of name must be requested for an important reason in order for it to be exempt from administrative fees. For a member of a minority group, such a reason may be found in section 2 para. 1 (10) of the Personal Name Modification Act, according to which it is an important reason if the intended change of name is necessary to avoid unreasonable drawbacks in that person's social relationships, and if such drawbacks cannot otherwise be avoided. Pursuant to section 2 para. 2 of that law, this also applies if a person wishes to change his or her first name.

 

As to para. 2

This right - like the one protected by Article 10 para. 1 - is guaranteed under Article 8 of the European Convention on Human Rights (ECHR). The right to impart information of a private nature in the minority language is not affected by Austrian law as there is no rule requiring the imparting of such information in a specific language. Hence, everyone has the right to impart information in whatever language they choose. Signs or inscriptions can thus only be banned on general grounds, for instance if their content is unlawful - e.g. because of a violation of the Law Prohibiting National Socialist Activities - or if the display of signs at specific sites is forbidden - e.g. under local building regulations. Such a ban is not admissible, however, if it is issued because a certain language was used to disseminate the information. A restriction on the number of languages permissible for private purposes - even if open to public perception - would be at odds with the principle of equality laid down in the Constitution as this implies that a differentiation between legally "permissible" and "non-permissible" languages would require an objective reason, which would be rather questionable.

 

As to para. 3

Pursuant to Article 7 (3) of the State Treaty of Vienna, topographical signs and inscriptions in the autochthonous settlement area of the Slovene and Croat minorities must be displayed both in the minority language and in German. In implementing this constitutional provision, section 2 para. 1 (2) of the National Minorities Act stipulates that the terrritories where topographical designations must be bilingual shall be defined by ordinance; this provision also applies to all other national minorities.

 

Such ordinances exist for the Croat, Slovene and Hungarian minorities as well, listing the territories where topographical designations and inscriptions must be displayed and defining the designation of such territories in the respective minority language. It should be noted, though, that an obligation to use bilingual designations can only be derived from these ordinances with regard to territorial (federal, regional, local) authorities and certain other legal entities under public law.

 

 

 

1.                       The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

 

2.                       In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

 

3.                       The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

 

 

 

1.                       The Parties undertake to recognise that every person belonging to a national minority has the right to learn his or her minority language.

 

2.                       In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavour to ensure, as far as possible and within the framework of their education systems, that persons belonging to those mionorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

3.                       Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

 

Austria wants to give the readers of the present report a comprehensive overview of the legal, political and practical situation of the country's minority schooling system. It is therefore considered to be expedient to address Articles 12 and 14 in one chapter.

 

Education is essential for any community. This, of course, is particularly true for those groups which are concerned about the preservation of their language, identity and culture. Education is thus a specifically sensitive area for all national minorities in Austria and a very important cornerstone for their future.

 

The right to an education is one of the fundamental human rights and is guaranteed in Austria by Article 2 of the 1st Protocol to the European Convention on Human Rights, which is embedded in the Austrian Constitution.

 

The principle of equal access to education is laid down in Article 14 para. 6 of the Federal Constitution Act (B-VG): "Admission to public school is open to all without distinction of birth, sex, race, status, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies analogously to kindergartens, day-care centres and student hostels". This special wording of the principle of equality guarantees that the access to public schools cannot be made subject to non-objective criteria.

 

The minority schooling system is integrated into the general system of Austrian public education. All students who take part in bilingual classes are instructed according to special curricula based on the educational objectives and contents used by the other Austrian schools. Bilingual education is regarded as a bonus offered to both minority and majority students.

 

The concept of integration is not only a fundamental principle of Austria's general education policy but also the basis of education and instruction in the country's bilingual schools.

 

The Austrian primary schools, not only those within the scope of the minority schooling laws, offer intercultural learning as a general aim of education. The primary school curriculum reads as follows:

 

"A special social and educational task accrues to primary schools where they are able to facilitate intercultural learning in that children with German and non-German native tongues are being taught together. The aspects of intercultural learning with a special emphasis of the cultural heritage of the national minority are most likely to be developed in those provinces where children belonging to a minority or Austrian and foreign children are taught together."

 

In the framework of the Austrian Minority Schools Act, there are three different models of minority language teaching. Under the scheme of bilingual education, instruction is provided both in the minority language and in the official national language. There are some other models in which the minority language is either the only language of instruction or is only taught as a specific subject. These models are viewed positively by both experts and minority representatives.

 

The rights of minorities in the field of schooling are laid down in the Treaties of St. Germain and Vienna.

 

According to the Treaty of Saint Germain (Article 68), Austria undertakes to grant reasonable relief to those communes and districts with a considerable proportion of non-German-speaking Austrian residents in order to ensure that the children of these Austrian nationals may receive elementary instruction in their own language.

 

Pursuant to Article 7 (2) of the State Treaty of Vienna, Austrian nationals of the Slovene and Croat minorities in Carinthia, Burgenland and Styria are entitled to elementary instruction in the Slovene or Croat language and to a proportionate number of their own secondary schools; the provision also stipulates that school curricula are to be reviewed and that a separate section of the Inspectorate of Education for Slovene and Croat schools are to be established.

 

While only reasonable relief for minorities was required with regard to instruction in primary schools under the Treaty of St. Germain, there is now a constitutionally guaranteed right to elementary instruction in the Slovene and Croat languages pursuant to the State Treaty of Vienna, which is directly applicable in this respect.

 

Implementing laws on bilingual schooling must not contradict the constitutional provision of Article 7 (2) of the State Treaty of Vienna, in order to ensure a consistent and effective protection of the minority rights laid down in the State Treaty.

 

 

As to the situation of the Croat minority in Burgenland:

 

Minority schooling legislation in Burgenland:

 

The right of the Burgenland Croats to receive school education in their native language, which is guaranteed by international and constitutional laws, is specifically laid down in the Minority Schools Act for Burgenland (Minderheiten-Schulgesetz für Burgenland).

 

Already before Burgenland's annexation to Austria, the Croats had the right to be given tuition at the primary school level in their minority language. In 1921, there was no minority schooling law in Austria which could have been extended to include the Burgenland which was now a part of Austria. That is why the Hungarian school laws were initially applied. It was only the federal basic law on instruction in primary schools, which was adopted in 1936 and which stipulated in section 5 specifically and exclusively in respect of the “Land” of Burgenland: "German is the language of instruction, notwithstanding the rights benefitting the linguistic minorities in the province and deriving from the Constitution. It is for the implementing laws to define those rights for the benefit of these minorities that go beyond that scope. In any case, the German language must be taught as a mandatory subject." In the Regional Schooling Act 1937, which was issued to implement the said federal basic law, further rights were laid down. Both the Croat and the Hungarian minorities agreed to that law which contained a regulation that was exemplary at that time.

 

In 1994, this law was replaced by the new Minority Schools Act for Burgenland, which guarantees instruction in the minority language until the completion of secondary education and which makes bilingual instruction mandatory, particularly on the primary school level.

 

Section 1 para. 1 stipulates the following in a constitutional provision:

 

"The right to use the Croat or Hungarian languages or to learn them as a compulsory subject shall be granted to Austrian nationals of the Croat and Hungarian minorities in such schools as are defined in section 6, section 10 and section 12 para. 1 of this federal law.”

 

The law provides that primary schools in the autochthonous settlement area may only be operated with Croatian as a language of instruction, on the basis of a minimum of six hours per week being prescribed for German language teaching. In practice, however, the minority does not make use of this variant of a minority school. Primary schools in the autochthonous settlement area are, as a rule, mandatorily operated as bilingual schools. Given the children's highly inconsistent degree of language proficiency at school entry, the degree of bilingualism is rather variable among pupils, but is roughly equivalent in the fourth year. Parents who do not wish to have their children educated in two languages have the right to cancel their child's enrollment in a particular course although the child still remains part of the same class.

 

In case of a sustained demand it is possible to establish bilingual schools or to offer instruction in Croatian to classes or groups of students outside the autochthonous settlement area, provided that a minimum of seven students register for such a class. To facilitate bilingual teaching, the maximum number of students per class is set at 20 while the minimum is seven students per class. Upon request, school certificates must also be issued in the minority language.

 

Section 6 para. 1 of the Minority Schools Act for Burgenland reads as follows:

 

"Primary schools with Croatian or Hungarian as a language of instruction must be available in those places where it is ensured, as far as possible, that all children with Austrian citizenship who are members of the Croat or Hungarian minorities and who are registered at such schools are able to attend these schools."

 

At present (1998/99 school year), there are 29 communes with bilingual-Croatian primary schools which are attended by 1,404 children. Four primary schools in the non-autochthonous settlement area have five groups with a total of 54 children who also receive language training in Croatian.

 

            Croatian primary schools according to children's native language,

1998/99 school year:

 

District	Schools	Cl.	Ger-man	Croat-ian	Hungarian	For-eign	Total	Share of Croats
Neusiedl	3	14	107	58	1	31	214	27.1%
Eisenstadt	7	38	394	99	5	83	626	15.8%
Mattersburg	2	7	63	7	4	14	97	7.2%
Oberpullendorf	11	16	68	99	0	14	208	47.6%
Oberwart	3	7	49	13	1	13	86	15.1%
Güssing	3	12	70	66	1	21	173	38.2%
Total	29	94	751	342	12	176	1404	24.4%

 

 

The Minority Schools Act provides for basic secondary schools that are either bilingual or offer Croatian as a compulsory subject. If required, bilingual divisions must be operated. In contrast to the primary schools, students in basic secondary schools wishing to learn Croatian must register for that specific course.

 

In the 1998/99 school year, 102 students in nine basic secondary schools with a total of 14 groups attended Croatian language courses. There is a basic secondary school in Großwarasdorf, which provides only bilingual instruction. Another basic secondary school, based in St. Michael, offers Croatian as a compulsory elective subject as well as bilingual instruction in several subjects. In these two schools, there are five classes and eight groups with a total of 141 students. Overall, 1,701 students are registered in the general compulsory schools of Burgenland who attend either bilingual (Croatian/German) or Croatian classes. A graphical illustration of all bilingual kindergartens, primary schools and basic secondary schools is included in the Annex to this Country Report.

 

The city of Oberwart has a bilingual general grammar school which was established in 1991 and whose curriculum is organised in a combination of Croatian-German and Hungarian-German. The Croatian section currently teaches 100 pupils, and in 2000, the school will have its first class to pass a final school-leaving exam (Matura). In addition, seven general grammar schools of Burgenland (junior and senior section) are offering Croatian in various forms - ranging from partial bilingual instruction to Croatian as a compulsory elective subject to Croatian as a voluntary subject.

 

The curriculum of the technical college (Fachhochschule) for international economic relations in Eisenstadt includes tuition in an Eastern European language as a compulsory subject. One of these languages, along with Hungarian, Czech, Russian and Slovakian, is Croatian (currently 15% of students).

 

Pursuant to section 15 of the Minority Schools Act for Burgenland, a Division for Minority Schooling must be installed in the Regional School Board, and a separate school supervisory organ for each minority language must be appointed. The Division has meanwhile been established, and a District School Inspector supervises the Croatian schooling system.

 

The following table provides an overview of the various provisions of the Minority Schools Act for Burgenland:

 

Minority Schools Act for Burgenland (Federal Law Gazette No. 641/1994)

 

 

1st Section	2nd Section	3rd Section	4th Section	5th Section	6th Section	7th Section	8th Section
General provisions	Primary schools	Basic secondary schools, polytechnical schools	General grammar schools	Teacher and educator training	Special language courses	School supervision	Final provisions
Legal title: Austrian nationals w Croat + Hungarian minorities w Parental right	Forms: mono-lingual Croatian, Hungarian - Registration w Croatian-German Hung.-German - no registration - withdrawal right	Forms: mono-lingual Croatian, Hungarian - Registration w Croatian-German - Registration w Croatian-German Hung.-German - Division - Registration	Forms: Croatian-German Hung.-German - Registration w Alternative compulsory subject, Voluntary subject, Non-binding exercise - Registration	Additional subject for kindergarten attendants and teachers; Job qualification certificate Teaching exam	Croatian and Hungarian available in all schools as an additional course	Division for Minority Issues in the Regional School Council for Burgen- land (Croatian, Hungarian, Romany) w Regional school supervisor, technical supervisors	In force since 1/9/1994

 

 

Minimum number of students for new class in primary schools in non-autochthonous settlement areas:                                      7

Minimum number of students for creation of new group in primary schools in non-autochthonous settlement areas:                                    5

 

Minimum number of students for new class in basic secondary and polytechnical schools in non-autochthonous settlement areas:        9

Minimum number of students for new division in primary schools in non-autochthonous settlement areas:                                               5

 

Minimum number of students for new class in general grammar school:                                                                                                     8 (5 from 9th year)

 

Minimum number of students for additional language course:                                                                                                                      5

Burgenland Compulsory Schooling Act (Regional Law Gazette No. 36/1995)

 

 

General provisions	Primary schools	Basic secondary schools	Special remedial schools	Polytechnical schools	Vocational schools
Accessibility Free of charge options minimum numbers of pupils for creation and partitioning of classes All-day tuition scheme	Forms: monolingual Croatian, Hungarian - registration w Croatian-German Hungarian-German - no registration - withdrawal option w Students per class: monolingual:        30(10) bilingual:              20 (7) Integration: monolingual / bilingual. 27 (1)                18 (1) 26 (2)                17 (2) 25 (3)                16 (3) 24 (4)                15 (4) Sustained demand: 7	Forms: monolingual Croatian, Hungarian - registration w Croatian-German Hungarian-German - no registration - withdrawal option w 3 ability groups Students per class: monolingual:         30 (10) bilingual:               20 (7) Integration:           27 (1)                              26 (2)                              25 (3)                              24 (4) Sustained demand: 9	- Autonomous schools - Special remedial school classes	Forms: Croatian, Hungarian - registration w Croatian-German Hungarian-German - no registration - withdrawal option w 3 ability groups	Additional language courses

 

 

Minimum number of students for new class in primary schools in non-autochthonous settlement areas:                                      7

Minimum number of students for creation of new group in primary schools in non-autochthonous settlement areas:                                    5

 

Minimum number of students for new class in basic secondary and polytechnical schools in non-autochthonous settlement areas:        9

Minimum number of students for new division in primary schools in non-autochthonous settlement areas:                                               5

Minimum number of students for additional language course in non-autochthonous settlement area:                                                        5