1. After the Committee of Experts had made its preliminary examination of the report, a questionnaire was drawn up and addressed to the Croatian authorities. Upon receipt of the replies, the Committee examined the report in detail and prepared a document for the authorities to reply to before its "on-the-spot visit" organised in Croatia in October 1999. During the "on-the-spot visit", the Committee met representatives of regional or minority language associations, the Office for National Minorities and the Council of National Minorities. The Committee furthermore met members of the Parliamentary Committee for Human Rights and its Sub-Committee on National Minorities. On the same occasion the Committee had the opportunity to consult with representative of relevant ministries. The Committee travelled to the Eastern Slavonian region in Croatia, and visited schools where regional or minority languages are used, courts, and local administrations. These institutions provided the Committee with information on the use of the various languages in Croatia.
2. On the basis of the information gathered from the initial periodical report, the questionnaires and the "on-the-spot visit", the Committee of Experts was better able to prepare its evaluation of the application of the Charter in the Republic of Croatia even though it considered that further clarification by the authorities could have been useful for many items covered in this report.
3. The Committee has established a list of general proposals for the preparation of recommendations by the Committee of Ministers to the Croatian authorities, in this case Croatia, as required in Article 16.4 (Chapter 3.2 of this report). Furthermore, where necessary, the Committee has made, in the body of the report, more detailed observations which it encourages the Croatian authorities to take into consideration when developing their policy with regard to regional or minority languages.
4. This report is based on the political and legal situation at the time when the Charter was ratified by Croatia and at the time when Croatia presented its initial periodical report to the Council of Europe. The Committee is aware of the political changes that have taken place in Croatia at a later stage and of the recently adopted acts on the use of and education in the language and script of national minorities in the Republic of Croatia. The Committee believes that the legal situation concerning regional or minority languages has improved compared to the presentation in the initial periodical report and the information the Committee has gathered on the basis of that report. Further improvements are expected to be presented by Croatia in the next periodical report, due in 2002. The Committee has not taken all of these changes into consideration in its evaluation of the language situation in Croatia, since its task was to consider the situation as it was in October 1999.

 

1.2. Presentation of the regional or minority language situation in Croatia

5. In its instrument of ratification, Croatia identified the following languages as protected under Part III: the Italian, Serbian, Hungarian, Czech, Slovak, Ruthenian and Ukrainian languages. Croatia has made a reservation to Article 7.5 of Part II of the Charter which excludes non-territorial languages from its scope of application. The instrument of ratification also contains a declaration which will be dealt with under paragraphs 19 and 20 of this report.
6. The Committee has noted the great wealth of regional or minority languages in Croatia and realises the efforts that the Croatian authorities have undertaken to reconcile and harmonise their policy with the aim of preserving Croatia’s cultural diversity.
7. The last population census was carried out in Croatia in 1991. Two figures are provided for each language, one identifying the number of persons belonging to the minority and the second identifying the number of mother tongue speakers. The number of mother tongue speakers identified in the 1991 census is presented below, and not the number of persons belonging to the specific minority. The Committee is aware that the number of persons having command of a regional or minority language can be higher than the number of those that consider it a mother tongue. In accordance with the information received in the initial periodical report, the number of users of regional or minority languages and their geographical distribution is as follows:

 

 

 

Language	Mother tongue speakers (minorities)	Territory
Italian	26 580	Istarska county Primorsko-Goranska County
Hungarian	19 684	Osječko-Baranjska County Vukovarsko-Sijemska County
Czech	10 378	Bjelovarsko-Bilogorska County
Slovak	5 265	Osječko-Baranjska County Vukovarsko-Srijemska County
Ruthenian	2 845	Osječko-Baranjska County Vukovarsko-Srijemska County
Ukrainian	1 430	Osječko-Baranjska County Vukovarsko-Srijemska County
Language	Mother tongue speakers (minorities)	Territory
Serbian	207 300	Users of the Serb language are mainly dispersed over the whole territory of the Republic of Croatia with some concentrations in parts of Osječko-Baranjska, Vukovarsko-Srijemska County, Šibensko-Kninska County, Zadarska County, Ličko-Senjska County, Karlovačka County, Sisačko-Moslavačka County.

 

8. In addition to the languages covered by Part III of the Charter, the Committee also has to consider other languages that should be covered by Part II. The Croatian authorities have made a reservation to Article 7.5, thereby excluding non-territorial languages from the Charter. The Committee has received information to the effect that the Slovene and Bosnian languages should be considered traditionally used languages on the territory of Croatia and could therefore be considered as territorial languages under Part II of the Charter. The Committee is presently not in a position, on the basis of the information received, to decide whether or not the Charter should apply in this respect. The Croatian authorities are encouraged to clarify these issues in their next periodical report.
9. Essentially, the Committee has noted that there is a clear lack of up-to-date information regarding the number of users of the languages protected under Part III of the Charter. This is understandable in the light of Croatia’s recent history, which has created difficulties in providing accurate information.

1.3. Particular issues arising in the evaluation of the application of the Charter in Croatia

10. The situation in Croatia has to be evaluated in the light of the "the war situation and the post-war situation" that have existed for the past decade, and more specifically, with regard to the difficulties Croatia has faced with the reconstruction of a democratic State. A special situation exists for the reintegration of Eastern Slavonia, which occurred in 1997 as a consequence of the Erdut Agreement.
11. The situation in Croatia has also to be examined in the light of the effects of the return of refugees and displaced persons, especially in the Eastern Slavonian region. The Joint Council of Municipalities (JCM) was established to co-ordinate the interests of the Serb population in that region, and especially for advising on government policy and measures for the reintegration of the region and promotion of reconciliation. This is a very positive element in the reconstruction of Croatia and should be enhanced and encouraged. An obstacle to this is the economic situation in that region, which has a direct effect on the work of the JCM and on the return of refugees.
12. The situation presented in the previous paragraphs has obviously created difficulties for Croatia in implementing the Charter.
13. The Committee recognises that the Croatian ratification instrument provides for a protection that goes further than the existing legal provisions in Croatia at the time of ratification. This is ambitious and may be considered a step in the direction of effective regional and minority language protection.
14. The instrument of ratification has been drawn up in such a manner as to provide exactly the same level of protection for all the seven languages under Part III: Italian, Hungarian, Slovak, Czech, Serbian, Ruthenian and Ukrainian. The Charter, however, is constructed in such a way that the State can adapt the protection of the various languages to the real situation of each language. That is indeed the principal justification for the possibility offered to each State in Article 2.2 to choose among the provisions of Part III. This is clearly stated in paragraph 43 of the explanatory report of the Charter, which specifies that the State in question has to determine which paragraphs of Part III are to be applied to each particular language. The instrument of ratification indicates on the other hand that all the languages chosen should receive equal protection. This is, however, contrary to the actual situation of the languages because they in fact do have a different legal status in Croatia.
15. At the time of the presentation of the initial periodical report to the Council of Europe, the following legal acts and provisions were relevant to the application of the Charter:

1. Accompanying the ratification instrument was the following declaration:

"The Republic of Croatia further declares, with regard to Article 1, paragraph b., of the Charter, that pursuant to Croatian legislature, the term "territory in which regional or minority languages is used shall refer to those areas in which the official use of the minority language is introduced by the by-laws passed by the local self-government units, pursuant to Article 12 of the Constitution of the Republic of Croatia and Articles 7 and 8 of the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia."

2. The implications of this declaration are unclear. It can be interpreted in various ways. The Committee has concluded that the declaration has to be interpreted in the light of the other elements in the instrument of ratification and of the initial periodical report of Croatia.
3. Article 7 of the Constitutional Law provides that, where a minority represents more than 50% of the population, the relevant minority language becomes official in the concerned area. This in itself does not create a difficulty, apart from the fact that 50% represents a very high percentage of minority language speakers to use as the yardstick. This is true especially in cases where a municipality comprises more than one minority, since it will be difficult to reach this 50%. In Croatia this provision has never been applied.
4. However, under Article 8 of the Constitutional Law, if the percentage of users of the regional or minority language is below 50%, it is solely the responsibility of the local authorities to decide whether the language concerned should be officially used in the municipality.
5. The use of regional or minority languages in state administrations and the courts depends on a special law on the official use of minority languages which had not been adopted at the time of the presentation of the initial periodical report.
6. In the light of recent developments in Croatia, the Committee recognises that the Croatian authorities have already introduced changes in their legislation with the aim of furthering the protection of the regional or minority languages. It is convinced that some of the items highlighted in its findings have already been improved upon in the internal legal order and government policy. The Croatian authorities will therefore have the opportunity to present these changes in their next periodical report to the Council of Europe.
7. The Committee has tried, by its normal information-gathering procedures, to assemble as much information as possible on the language situation in Croatia. It has, however, been very difficult to obtain sufficient information to enable the Committee to gain a complete overview of all the regional or minority languages used on the territory of Croatia. The authorities have provided information as requested, but the Committee hopes that more comprehensive information will be submitted in the future, so as to facilitate the continuing evaluation of the application of the Charter.

 

Chapter 2. The Committee’s evaluation in respect of Part II and Part III of the Charter

8. The text of the Charter, when read in conjunction with the instrument of ratification, indicates the exact undertakings that apply in respect of the different languages in the areas covered by the Charter. The Committee has therefore evaluated how the State has fulfilled each undertaking in Part II (Article 7) and Part III (Articles 8-14), using the paragraphs and sub-paragraphs specified in the instrument of ratification.

 

2.1. The evaluation in respect of Part II of the Charter

9. Part II (Article 7) of the Charter sets out a number of general objectives and principles that a Party is obliged to apply to all the regional or minority languages on its territory. In their initial periodical report, the Croatian authorities have specified the German, Hebrew and Roma languages as non-territorial languages. The Croatian authorities have made a reservation to Article 7.5.
10. This article stipulates that the provisions of Part II of the Charter must be applied mutatis mutandis to non-territorial languages. This reservation results in the non-application of Part II of the Charter to the German, Hebrew and Roma languages. As mentioned in paragraph 11 of this report, the Committee has received information indicating that there could be other territorial languages than those covered by Part III.
11. In the light of the above, the Committee has evaluated the application of Article 7 to the languages that have been chosen under Part III of the Charter, namely: Italian, Hungarian, Slovak, Czech, Ukrainian, Ruthenian and Serbian.

 

Article 7 Objectives and principles

"Paragraph 1

In respect of regional or minority languages, within the territories in which such languages are used and according to the situation of each language, the Parties shall base their policies, legislation and practice on the following objectives and principles:

a. the recognition of the regional or minority languages as an expression of cultural wealth;"

12. The Committee of Experts took the view that the constitutional recognition of the languages specified in the instrument of ratification (that is the Italian, Serbian, Hungarian, Czech, Slovak, Ruthenian and Ukrainian languages) could be considered as complying with this obligation. Croatia has furthermore recognised their existence by identifying them under Part III of the European Charter for Regional or Minority Languages.

"b. the respect of the geographical area of each regional or minority language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the regional or minority language in question;"

13. The reorganisation of territorial administration, since 1992, seems to have created an obstacle to the promotion of regional or minority languages. The Committee encourages the Croatian authorities to examine these new administrative divisions in order to provide for measures that promote the use of the languages.

"c. the need for resolute action to promote regional or minority languages in order to safeguard them;"

14. In the light of the variety of language situations that may be encountered in the various European countries, the authors of the Charter did not regard it as feasible to provide a list of actions which might be considered as "resolute" according to Article 7.1.c. They assumed that the State would be apt to determine what kind of action was required to fulfil this undertaking, especially in the light of the different linguistic situations in European States and also the fact that this action should be adapted to the different specific needs of each language.
15. The Croatian State has taken initiatives that raise awareness of the need to protect and promote regional or minority languages. The establishment of the Governmental Office for National Minorities, and the work of the Parliamentary Committee for Human Rights, and especially its Sub-Committee for National Minorities, are among them. It is also noted that parliamentarians belonging to the various minorities in Croatia are normally members of this sub-committee. Furthermore, Article 43.1 of the constitution as well as Article 4.2 of the Constitutional Law on Human Rights and Freedoms and Rights of Ethnic and National Communities or Minorities in the Republic of Croatia have been implemented by the establishment of the Council of Ethnic and National Communities or Minorities in the Republic of Croatia. This consultative body was established to enable representatives of minorities to have the opportunity to discuss officially with government representatives matters concerning minority protection policy, including the protection or promotion of regional or minority languages. This body is not restricted to discussing only the languages covered under Part III, but also those of all minorities in Croatia.

 

"d. the facilitation and/or encouragement of the use of regional or minority languages, in speech and writing, in public and private life;"

16. The users of all regional or minority languages in Croatia have the possibility of using their language in private and public life. The term "public life", as understood by the Charter, is fairly wide and can include the use of the language in education, justice, administration, economic and social life, cultural life, the media and in transfrontier exchanges. This is developed in the second part of this chapter in respect of the implementation of Part III of the Charter. The Government Office for National Minorities furthermore co-finances programmes of associations that promote regional or minority languages.

 

"e. the maintenance and development of links, in the fields covered by this Charter, between groups using a regional or minority language and other groups in the State employing a language used in identical or similar form, as well as the establishment of cultural relations with other groups in the State using different languages;"

17. The Council of National Minorities, established in January 1998, comprises representatives of minorities. It consults with government representatives on official matters relating to minority protection policy and proposes laws or amendments to laws. To a certain extent, this body in a sense fulfils the need of creating links between groups that use regional or minority languages in Croatia.
18. Representatives of users of other languages in Croatia are also members of this Council.

 

"f. the provision of appropriate forms and means for the teaching and study of regional or minority languages at all appropriate stages;"

19. Considering education to be one of the most crucial factors in promoting a language, and especially in pre-school, primary and secondary education, the Committee encourages the Croatian authorities to increase the facilities for the users of the regional or minority languages to have more direct access to teaching at all appropriate stages.

 

"g. the provision of facilities enabling non-speakers of a regional or minority language living in the area where it is used to learn it if they so desire;"

20. The Committee found that no provisions exist to promote the teaching of minority languages to non-speakers of the language living inside the area where it is mostly used. The organisation of such classes is on the initiative of private organisers. Therefore the Committee concludes that there is no measure that specifically facilitates the learning of a regional or minority language by non-speakers in the area where they reside and the language is spoken. The provision of these kinds of facilities is conducive to mutual understanding and tolerance between the speakers of the different languages spoken in a State.

 

"h. the promotion of study and research on regional or minority languages at universities or equivalent institutions;"

21. Government funds granted by the Ministry of Science and Technology are available to finance research on the various regional or minority languages. This is a good initiative on the part of the authorities and should be continued.

 

"i. the promotion of appropriate types of transnational exchanges, in the fields covered by this Charter, for regional or minority languages used in identical or similar form in two or more states."

22. The Croatian authorities have taken initiatives to encourage and promote different types of transnational exchanges in the various fields covered by the Charter. The Committee considers that these initiatives are both a significant means of promoting regional or minority languages and an important element of European integration. They should therefore be continued for the benefit of the protection of all regional or minority languages that exist within the Croatian territory.

 

"Paragraph 2

The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger the maintenance or development of it. The adoption of special measures in favour of regional or minority languages aimed at promoting equality between the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages."

23. Article 3 of the Constitution identifies "equality of nationalities" as being one of the highest values of the Republic of Croatia. There is a general non-discrimination clause in Article 14.1 of the Constitution, which guarantees the general requirement of this undertaking. Paragraph 2 of the same article guarantees equality before the law.

 

"Paragraph 3

The Parties undertake to promote, by appropriate measures, mutual understanding between all the linguistic groups of the country and in particular the inclusion of respect, understanding and tolerance in relation to regional or minority languages among the objectives of education and training provided within their countries and encouragement of the mass media to pursue the same objective."

24. This undertaking requires States to take concrete positive measures to promote respect, understanding and tolerance for all languages used on the territory of the State. Such positive measures could, for example, include informing the whole population of the existence and value of the regional or minority languages and the inclusion in the national curricula of the culture and history of the users of these languages. The Committee found, for example, during its visit to the Eastern Slavonian region that tolerance towards the use of the Serbian language is lacking. While recognising that the history of Croatia clearly influences the situation of the users of the Serbian language, the Committee strongly encourages that national, local and regional administrative officials be made aware of the obligations deriving from the Charter with respect to the use of the Serbian language.

 

 

 

"Paragraph 4

In determining their policy with regard to regional or minority languages, the Parties shall take into consideration the needs and wishes expressed by the groups which use such languages. They are encouraged to establish bodies, if necessary, for the purpose of advising the authorities on all matters pertaining to regional or minority languages."

25. The Committee was not able to establish whether the needs and the wishes expressed by the groups which use the regional or minority languages in Croatia had been taken into consideration at the time of the ratification of the Charter. Relevant bodies and associations may have been consulted when later legislation on the use of regional or minority languages was adopted, however at the time of ratification no consultation took place according to the information received by the Committee.
26. The Government Office for National Minorities in Croatia serves as a consultative body of the Government of Croatia with the principal role of providing expertise and carrying out tasks entrusted to it by the Government regarding policy undertaken in respect of national minorities. Its role is also to observe that rights established in the Constitution and its implementing legislation are applied in matters relating to rights of minorities. The Office furthermore allocates financial resources to the various national minorities. The representatives of the minorities or the minority languages are not involved in the actual work of the Office, even though the latter’s main responsibility is for matters that are directly related to the protection and furthering of regional or minority languages in Croatia.
27. The Committee considers that the Council of National Minorities may act as the co-ordinating body through which users of regional or minority languages may express their needs and wishes on the protection of those languages. To fulfil this undertaking, the Croatian authorities are encouraged to allow the Council to play a more active role in policy formulation.

 

 

 

 

"Paragraph 5

The Parties undertake to apply, mutatis mutandis, the principles listed in paragraphs 1 to 4 above to non-territorial languages. However, as far as these languages are concerned, the nature and scope of the measures to be taken to give effect to this Charter shall be determined in a flexible manner, bearing in mind the needs and wishes, and respecting the traditions and characteristics, of the groups which use the languages concerned."

28. The Croatian authorities have made a reservation to this paragraph, thereby excluding all protection and promotion of non-territorial languages under the Charter. The Committee hopes that the Croatian authorities, will nevertheless strengthen efforts to promote these languages, and will especially take into consideration the needs of the Romany language.

 

2.2. The evaluation in respect of Part III of the Charter

29. The Committee of Experts examined in more detail the existing protection of the languages that have been identified under the protection mechanism of Part III of the Charter. The languages in question are Italian in the County of Istarska, the Czech language in the County of Bjelovarsko-bilogorska, Hungarian, Slovak, Ruthenian and Ukrainian in Osječko-baranjska and Vukovarsko-srijemska Counties, and finally the Serbian language on the whole of the territory of Croatia. The reference to the various territories was made in the Initial Periodical Report of Croatia.
30. The paragraphs and sub-paragraphs that are quoted in bold italics are the concrete obligations chosen by the Republic of Croatia.

 

Article 8 – Education

"Paragraph 1

With regard to education, the Parties undertake, within the territory in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State:"

Pre-school education:

a.i. to make available pre-school education in the relevant regional or minority languages; or

a.ii. to make available a substantial part of pre-school education in the relevant regional or minority languages; or

a.iii. to apply one of the measures provided for under i and ii above at least to those pupils whose families so request and whose number is considered sufficient."

 

31. Pre-school education exists to a certain extent in all the languages that are relevant to Part III. The Committee has, however, received no information as to whether there is a fixed number of pupils which is considered sufficient in order to apply one of the measures under Article 8, paragraph 1, a i to ii to minority languages, and if so what the number is.
32. The Pre-School Education Training Act (Official Gazette, No.10/1997) makes no reference to the minimum number of pupils required for the organisation of a class in a language or for the teaching of a language. This act makes reference to the State Pedagogical Standard Act, which has not been adopted and therefore the applicable provision is in Article 14 of the Decision on the Elements of the Pre-School Care Standard (Official Gazette 29/1983), which allows for groups in a minority language to be smaller than normal classes, but again without a reference to the actual number of pupils required. The Ministry of Education, however, has confirmed that regional or minority language classes are organised for a minimum of seven pupils.
33. The Committee must therefore conclude that pre-school education in a regional or minority language exists for the seven languages in certain regions. There is no information indicating if this is a right which families can invoke, should they request pre-school education in a certain language in sufficient numbers (in this case for a minimum of seven pupils).

 

34. The Committee also noted that summer schools have been organised for children at pre-school level in regional or minority languages. Even though these schools are not sufficient to fulfil this undertaking, the Committee acknowledged the effort made by the Croatian authorities in the organisation of these schools.

 

 

 

 

 

 

 

 

 

Primary education

"b.i. to make available primary education in the relevant regional or minority languages; or

b.ii. to make available a substantial part of primary education in the relevant regional or minority languages; or

b.iii. to provide, within primary education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or

b.iv. to apply one of the measures provided for under i to iii above at least to those pupils whose families so request and whose number is considered sufficient"

35. According to the information received by the Committee, primary school education exists in all the regional or minority languages, except Ukrainian and Ruthenian. It is not clear whether there is a fixed number of pupils which is considered sufficient in order to apply one of the measures under Article 8 paragraph 1, b.i to iii to the different minority languages, and if so what the number is. The Committee must therefore conclude that primary school education exists in certain regions for five of the seven languages, but that there is no information to indicate whether or not this is a right which families can invoke if they request it in sufficient numbers. The obligation is not fulfilled for the Ruthenian and Ukrainian languages.
36. As for pre-school education, there is a lack of transparency and of an organised structure likely to provide sufficient access to education in a regional or minority language at least to those pupils whose families so request and whose number is considered sufficient.

65. With reference to the previous paragraph, the Committee of Experts does not consider this undertaking fulfilled with the exception of the Italian language.

72. The Committee has been informed that as far as legally issued documents in a minority language are concerned, no provision of any law excludes their validity and they do not seem to be refused in practice. The Committee considers this obligation to be fulfilled.

75. This obligation is included in sub-paragraph (a) option iii and the Charter provides that it may be chosen as an alternative to the other options of Article 10.1.a but not in addition to them. It is therefore redundant to the undertakings of Croatia, especially since there has been no indication that this undertaking should be applied in a specific area as distinct from sub-paragraph (a) option iii.

1. public services within the exclusive competence of the local authorities are, for example, fire protection, social security, housing, gas, district heating, water supply and electricity;
2. the main public service within the exclusive competence of regional authorities is the running of hospitals;
3. public services with shared competences of the local and regional authorities are family welfare services, welfare homes, water and sewage, refuse collection and disposal.

95. According to information received, no special measures have been adopted to encourage or facilitate these kinds of productions, but there are open competitions announced for the financing of such works on equal terms as for other works. Funds for the financing of cultural activities of members of minorities may also be used for the production and distribution of audio and audiovisual works. The Committee received no information showing that such projects had received financial support or how such financial aid was announced. The provision states that the authorities should encourage and/or facilitate the production and distribution of audio and audiovisual works in the regional or minority languages. The Committee understands this provision in the sense that active measures should be undertaken. However, the Committee has not received information about any active measures. From the initial periodical report this undertaking cannot be considered as fulfilled.

103. All written publications, including those in minority languages, are kept in Croatian archives, and every publisher must, in accordance with the Libraries Act, provide copies of publications to the National Library. The Committee has received no information for audio or audiovisual works. The Committee concludes that this obligation is fulfilled with respect to written publications.

1. to eliminate from their legislation any provision prohibiting or limiting without justifiable reasons the use of regional or minority languages in documents relating to economic or social life, particularly contracts of employment, and in technical documents such as instructions for the use of products or installations."

104. The initial periodical report states that there are no legal prohibitions that would exclude or limit the use of minority languages. The Committee considers therefore this undertaking to be fulfilled.

"b. to prohibit the insertion in internal regulations of companies and private documents of any clauses excluding or restricting the use of regional or minority languages, at least between users of the same language"

105. Relevant legislation does not contain any elements which oppose the use of minority languages in internal regulations of companies and private documents. However, there is no information about any prohibition of clauses which exclude or restrict such use of minority languages as is mentioned in Article 13 paragraph 1, sub-paragraph b. The Committee considers that there should be a specific prohibition of the insertion in internal regulations of companies and private documents of any clauses that would exclude or restrict the use of a regional or minority language. Consequently the Committee concludes that the obligation is not fulfilled.

 

"c. to oppose practices designed to discourage the use of regional or minority languages in connection with economic or social activities."

106. The initial periodical report indicates that practices designed to discourage the use of minority languages will be opposed, but gives no information on how that will be done. The Committee encourages the authorities to guarantee with specific measures that practices that would discourage the use of regional or minority languages in connection with economic and social activities would be opposed.

107. The initial periodical report also deals with Article 13 paragraph 2 sub-paragraphs b and e. However, since they are not included in the instrument of ratification, the Committee has not considered those paragraphs or sub–paragraphs in its evaluation.

 

Article 14 – Transfrontier exchanges

"The Parties undertake :

a. To apply existing bilateral and multilateral agreements which bind them with the States in which the same language is used in identical and similar form, or if necessary to seek to conclude such agreements, in such a way as to foster contacts between the users of the same language in the States concerned in the fields of culture, education, information, vocational training and permanent education."

108. The information received states that the bilateral agreements with Italy and Hungary regulate different aspects of minority rights and that joint bodies monitor their application. Croatia is taking steps to conclude bilateral agreements with other States that are interested in co-operating at this level. Certain steps have been taken in co-operation with the Czech Republic, the Slovak Republic and Ukraine. The Committee concludes that this obligation is fulfilled.

"b. For the benefit of regional or minority languages, to facilitate and/or promote co-operation across borders, in particular between regional or local authorities in whose territory the same language is used in identical or similar form."

109. The Committee has been informed that cross-border co-operation between local authorities is free and is carried out in accordance with the European Outline Convention on Transfrontier Co-operation signed by the Republic of Croatia (ETS n° 106, signed on 7 May 1999). The Act on Local Self-Government, adopted in 1992, but amendments to which have not been adopted, should underline this freedom. The Committee concludes that this obligation is fulfilled.

 

Chapter 3 Findings

The Committee of Experts hereby presents its general findings on the application of the Charter in Croatia.

A. The Committee of Experts’ evaluation of the situation of regional or minority languages in Croatia is based on the information obtained from the initial periodical report, on the answers given by the authorities to written questions of the Committee and on information obtained in Croatia during the "on-the-spot visit". Nevertheless, the Committee had difficulties in assembling comprehensive information for all the languages covered by the Charter. Moreover, the Croatian authorities did not publish the initial periodical report and therefore the speakers of the regional or minority languages were not in a position to react to its contents as the Charter provides in its Article 16.2. As a result, the monitoring procedure in Croatia has not been fully operational.

2. The Committee has not received sufficient information to be able to assess whether other languages than the seven specified for in Part III are covered by Part II of the Charter. Since Croatia has made a reservation excluding non-terriorial languages from the scope of Part II, only territorial languages should be included. There are some indications that other languages, such as Slovene or Bosnian, could fall under Part II.
3. The information gathered by the Committee indicates that the new administrative divisions introduced since 1992 have created obstacles to the promotion of regional or minority languages in Croatia.
4. The Republic of Croatia has undergone drastic changes over the past 10 years. Croatia has been monitored closely by the international community and great efforts have been made to achieve the reconstruction of a democratic State. These efforts include the attempt to improve existing legislation, by proposals for constitutional changes and the adoption of legal acts implementing the constitution. This is a crucial necessity because until now these laws have been in a certain sense a "dead letter". The recently adopted Laws on Education in the Language and Script of National Minorities and on the Use of the Language and Script of National Minorities in the Republic of Croatia are an improvement, though it still remains to be seen how these laws will implement the existing constitutional arrangements.
5. The use of regional or minority languages in the field of media and culture is on the whole supported and well-organised. The authorities offer many programmes that promote the culture linked to the various languages. The initiative to devote a one-hour programme to the minorities every week is encouraging. The major drawback to the application of the Charter in these two fields is the lack of participation by the users or representatives of the regional or minority languages in the organisation, planning and funding of activities in this field.
6. As regards education, Croatia has a long-standing tradition of organising regional or minority language teaching. Special classes are organised with supplementary teaching in minority languages. This is promising, though clearly it functions only in relation to some languages covered under Part III of the Charter in certain areas. The efforts by the education authorities are therefore not very comprehensive, for the whole arrangement leaves a large degree of discretion to the local and regional school authorities, thus not ensuring this as a right in the relevant territories. A further drawback is the lack of teacher training and teaching materials in the respective languages.
7. The use of regional or minority languages in the courts and state administration has up to now been seriously hampered by the lack of a legal basis for any official use of such languages (aside from the Italian language). At the moment regional or minority languages are in use only in those local authorities that have chosen to introduce languages in official use in accordance with Article 8 of the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities in the Republic of Croatia.
8. The Croatian authorities have with their ambitious ratification instrument not only attempted to incorporate the current legal structure and practice into their undertakings, but have also given a signal that they want to develop the current legal structure and practice. This is in itself encouraging. Moreover, one must acknowledge that even if some of the undertakings of Croatia have not been fulfilled, the authorities have stated that there is the political will to achieve successful implementation of the Charter in the longer term. Many of the observations in this report are therefore to be understood as an encouragement for the Croatian authorities to continue furthering the protection of regional or minority languages, for which there is a long tradition in Croatia.

COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

The Committee of Ministers,