AGREEMENT
BETWEEN THE
FEDERAL GOVERNMENT OF THE FEDERAL
OF
The Contracting Parties,
Bearing in mind art. 20 of the Treaty on the relations
of friendship, good-neighborliness and cooperation between
Determined to
ensure within their territories the effective protection of the cultural,
linguistic and religious identity of persons belonging to national minorities,
in accordance with the international standards, as established mainly in the
Framework Convention on the Protection of National Minorities and the
Declaration of the UN General Assembly on the rights of persons belonging to
national or ethnic, religious and linguistic minorities,
Mindful that the identity of national minorities and
the exercise of the fundamental rights and freedoms of their members are values
which are to be preserved and developed,
Taking into consideration that the preservation of the identity of the
persons belonging to national minorities in
Determined to ensure within their respective
territories the protection of the cultural, linguistic and religious identity
of persons belonging to national minorities,
Noting that co-operation in the field of protection
of national minorities is contributing to the strengthening of good neighborly
relations, mutual understanding, friendship and co-operation among states,
Considering that national minorities form an organic
part of their societies and that persons belonging to national minorities have
equal rights and duties as the majority of theirs populations,
Have agreed on the following:
For the
purposes of this Agreement, it is understood that the Serbian national minority
in
ARTICLE
2
Belonging to national minorities is based on free personal
choice. No disadvantage shall result from this choice or from the exercise of
the rights that are connected to that choice.
Persons belonging to national minorities shall enjoy
equal treatment before the law and legal protection. All discrimination on
grounds of belonging to the national minority is prohibited.
The
Contracting Parties recognize to persons belonging to national minorities the
right to use orally and in writing, their mother tongue in public and in
private life, and the right to have their names and forenames inscribed in
identity papers and official documents in mother tongue.
In conformity
with their international obligations and with the national legislation, the
Contracting Parties will allow the use by members of national minorities of
mother tongue, in local administration and in front of administrative and
judicial authorities, as well as the display of topographical inscriptions,
names of the settlements, streets and public institutions, where applicable, in
the language and script of the national minority.
The
Contracting Parties will ensure, by adequate legislative measures for the
persons belonging to national minorities, the institutionalized possibility to
learn or to be educated in their mother tongue at all levels of education,
where appropriate.
The Contracting Parties will promote the exchange of
educational experience, by creating conditions for teachers from a Contracting
Party to participate in professional training organized on the territory of the
other Contracting Party and will grant scholarships and other facilities for
all levels of education.
ARTICLE
5
Persons
belonging to national minorities shall have the right individually or in common
with other members of their group, to express and develop their ethnic,
cultural, linguistic or religious identity and the Contracting Parties will
stimulate and take the necessary measures for that purpose.
The
Contracting Parties will promote and support the establishment and functioning
of organizations, associations, educational and cultural institutions
representing the interests of the persons belonging to national minorities.
The
Contracting Parties will encourage the maintenance of free and direct contacts
between the persons belonging to national minorities and persons from the other
Contracting Party, as well as with non-governmental organizations, both
national and international.
The
Contracting Parties will encourage the organization of cultural manifestations
(annual programs, periodic cultural meetings, cultural camps, contests, guest plays of professional and amateur artistic
groups) as well as the performing of cultural and artistic events which promote
identity and culture of national minorities.
The
Contracting Parties will create all the necessary conditions for the
preservation of cultural heritage, architectural and other monuments and sites
that are representative for history and tradition of national minorities.
ARTICLE
6
The
Contracting Parties will respect the right of the persons belonging to national
minorities to freely receive and impart information, in their mother tongue.
They will adopt legislative measures providing the possibility and the
modalities for persons belonging to national minorities to create and
administrate their own mass media.
Each
Contracting Party recognizes the right for the persons belonging to the
respective national minority to receive information through radio and
television broadcasts from the stations on the territory of the other Contracting
Party.
In accordance
with their internal legislation, the Contracting Parties will ensure regular
broadcasting of radio and TV programs in the mother tongue of national
minorities, for the appropriate duration.
Each
Contracting Party will stimulate the extending of broadcasting in mother tongue
of the respective national minority, as well as the access to T.V. and radio
programs from the other Contracting Party.
ARTICLE
7
Persons
belonging to national minorities shall have the right, in accordance with the
national legislation, to participate in the decision-making process pertaining
to matters which are at the state, regional or local level, significant for the
respective national minority.
ARTICLE
8
The
Contracting Parties will encourage and support on their territories the
scientific research and studies on the history and present situation of the
national minority. They will support the participation of the persons belonging
to the national minority in such research.
With respect
to the provisions of paragraph 1, the Contracting Parties will facilitate the
access to available archives, concerning the history and culture of national
minorities.
ARTICLE
9
The
Contracting Parties will take appropriate measures to ensure equal participation
of persons belonging to national minorities in social and economic life. They
will adopt, as appropriate, measures in order to promote economic development
in regions inhabited by national minorities.
The
Contracting Parties shall refrain from measures that could change ethnic
composition of population in the regions inhabited by national minorities, and
which are aimed at restricting rights and freedoms of persons belonging to
national minorities.
ARTICLE
10
The
Contracting Parties will take measures to encourage cross-border co-operation,
including within euro-regions, taking into account the bridging role of
national minorities.
ARTICLE
11
The
Contracting Parties shall create an Intergovernmental Joint Commission in order
to promote the implementation of this Agreement. The Commission shall be
composed of representatives of the Contracting Parties on a parity basis and
shall also include representatives of associations of persons belonging to
national minorities.
The Commission
may give recommendations on measures necessary for the exercise of rights of
the members of national minorities and the protection of their identity.
The Commission
shall meet at least once a year alternatively on the territories of the
Contracting Parties. The first meeting of the Commission will take place within
6 months since the entry into force of the Agreement.
ARTICLE
12
No Article of
this Agreement shall be interpreted or implemented as to limit any of the
rights already granted by the Contracting Parties to persons belonging to
national minorities.
ARTICLE
13
None of the
provisions of this Agreement shall be interpreted as implying any right to
engage in any activity or perform any act contrary to the fundamental
principles of international law, in particular the principles of sovereign
equality, territorial integrity and political independence of states and
good-neighborliness.
ARTICLE
14
For the
purposes of implementation of this Agreement, the Contracting Parties will
conclude inter-governmental or/and interdepartmental agreements and programs.
ARTICLE
15
This Agreement
shall be subject to approval, in conformity with the domestic procedure of each
Contracting Party.
It shall enter
into force at the date of the receipt of the last note by which one of the
Contracting Parties notifies, through diplomatic channels, that legal
procedures for its entry into force, as foreseen by its domestic legislation,
have been completed.
ARTICLE
16
The Agreement
shall be concluded for 5 years and its validity shall thereafter be extended on
every 3 year period of time, unless any of the Contracting Parties notifies in
writing, six months before the expiration of the respective validity period,
its wish not to reconduct it.
Done
at……….on…..in two originals, each of them in the Serbian, Romanian and English
languages, both of them being equally authentic. In case of difference of
interpretation, the English text will prevail.
For
the Federal Government For the Government of
of the