PART I

Article 1

The protection of national minorities and 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.

Article 2

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 neighborliness, friendly relations and co-operation between states.

Implementation

The co-operation of the FR Yugoslavia with other states and factors in the international community, the Council of Europe and OSCE in particular, that resulted in recognition of the Roma as a national minority.

Article 3

1. Every person belonging to a national minority shall have the right freely to choose to be treated or not 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.

Article 3, paragraph 1

Implementation

Roma

Estimations of certain Roma community leaders indicate that the total number of Roma in Voivodina today amount to 60,000 which is 2.5 times higher than the number quoted in the 1991 census. There is a widespread and publicly reiterated opinion among members of the Roma community that they face problems of self-identification in the current social context.

A substantial number of Roma people do not identify themselves as Roma. There are several reasons for this, including:

§ they speak the language of the dominant local community;

§ for better access to employment;

§ the traditional belief that they will be more readily accepted;

§ a feeling of shame because of affiliation to a rejected social group;

§ in order to avoid animosities toward Roma children attending schools;

§ due to still-present reminiscences of the Nazi genocide against the Roma in the Second World War, particularly in the area of Srem where they were subject to a mass deportation to Ustashas war camp Jasenovac.

Article 3, paragraph 2

Are there any linguistic or ethnic groups (whether they consist of citizens or of non-citizens living in the country), which are not considered as a national minority? If so, please provide information on the different points of view in this respect.

The presence of groups which are not recognized either as ethnic or linguistic minorities in Voivodina is symbolic.

Is the notion of national minority defined under domestic law or is there an enumeration in law of groups which are recognized as national minorities? If so, where?

The definition of a national minority[20] is provided in the LPRLNM, but according to different opinions its formulation is complicated, confusing and ambiguous. Given that LPRLNM in its general provisions determines the subject and notion of a national minority, it is questionable whether the law actually guarantees collective minority rights, or if its concept relies exclusively on the protection of minority rights as predominantly individual rights. In conformity with individual rights protection, as in the case of the Constitution and the majority of international instruments, the LPRLNM does not incorporate some of the most recent provisions of collective minority rights protection as, for instance, determined by the Lund Recommendations.

According to a number of representatives of the Croat minority, the lack of enumeration of national minorities in this law is particularly detrimental for the Croat minority, given that conditions are being created for the recognition of a number of Croat-related regional ethnic groups.

Is there a government agency responsible for collection of demographic data? If so, please give full details.

The state agencies that are responsible for demographic data collection are the Republic Institute of Statistics, Belgrade, and Federal Institute for Statistics, Belgrade. The Federal Institute is responsible for conducting the censuses which serve as the main source of demographic information in the country. Some local municipalities have established registry offices intended exclusively for local population needs (changes in the number of inhabitants, migrations, birth/death certificates, marital certificates, divorces).

Recommendations

q It is necessary to consider the possibility of creating a synthetic definition of minorities that would contain both subjective and objective dimensions including the respect for individual rights.

PART II

Article 4

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. Measures undertaken in accordance with point 2 of the provision are not considered as an act of discrimination.

Article 4, paragraph 1

Normative framework

Guarantees for equality and equity before the law

The equality of citizens is guaranteed by a general provision of the Constitution of the FRY (article 20, Point 1) and by the Constitution of the RS (article 13). Equality before the law is guaranteed to all citizens by the Constitution of the FRY (article 20, point 2); more specific guarantees of equality before the law are determined in articles 26 and 29. The constitution of the RS explicitly guarantees equal protection of citizens before the law in articles 13, 22 and 24.

Prohibition of discrimination

The Constitution of the FRY prohibits discrimination (in article 50) and “activities of political, trade-union or other associations aimed at instigating national, racial, religious intolerance or hatred” (article 42, point 1). The constitution of the RS does not contain explicit provisions prohibiting discrimination, but it stipulates prohibition of activities of political, trade-union or other associations …aimed at instigating or perpetrating national, racial and religious intolerance or hatred” (article 44, point 2) and envisages restrictions in dissemination of the “press and other information” if their contents “are aimed at inciting and instigating national, racial, or religious intolerance or hatred” (article 46, point 6). As explicitly determined by the LPRLNM, "discrimination against persons belonging to national, ethnic, racial or linguistic minorities shall be prohibited” (article 3).

According to some opinions, this legal solution is insufficient and disputable. Regulating this issue is the responsibility of the republics. Namely, the provision stipulates solely and exclusively the prohibition of the violation of minorities’ rights (more comparable with a principle or clause than with the normative content of the law) and also contains general and widely recognized provision on judicial and constitutional protection.

The Assembly of AP Voivodina adopted the decision to establish the Ombudsman[21]. Five deputies are appointed for the rights of children, national minorities' rights and gender equality. At this point, it is still impossible to evaluate the effectiveness of the Ombudsman, as this institutions has been established by law, but has yet to be formally set up.

Criminal legislation

Within the set of criminal acts against the constitutional order and security of the FRY (a so-called political crime in its broadest sense), the “instigation of national, racial, religious conflicts and intolerance” is also determined as a criminal act (article 134 of the Criminal Code of FRY). However, this legal matter is already determined by the federal Constitution. Legal provisions determining this criminal act contain a reference to nations and national minorities living in Yugoslavia, racial, religious and national hatred, conflicts and intolerance as well as respective symbols, monuments and graves.

In the criminal code, genocide belongs to the set of criminal acts against humanity and international law and does not encompass so-called “cultural genocide” (mainly related to acts aimed at the destruction of linguistic heritage, culture or religious affiliation of a certain national, ethnic, racial or religious group), but refers ‘only’ to physical or biological genocide.

Article 60 of the Criminal Code of the Republic of Serbia introduces the provision on violation of equality of citizens as a criminal act. This provision refers to all cases of violation or restriction of rights of citizens as determined by the constitution, law or legal regulation, or as determined by any legal act or ratified international legal document, and also refers to providing conveniences or benefits to the citizens on whatever legal grounds provided by legal provisions (nationality, race, religious affiliation, belief, ethnic background, gender, language, education or social status). This definition is limited to so-called civil rights.

As determined by article 134 of the Criminal Code of FRY, “instigating and perpetuating of national, racial and religious hate, conflicts or intolerance among nations and national minorities living in Yugoslavia shall be prohibited”. This provision contains evident indirect protection from discrimination of certain groups. In other words, this implies prevention of acts aimed at the creation of an environment favoring discrimination (hatred, conflicts or violence).

Legislation at the federal level determines the criminal act of racial and other forms of discrimination (article 154 of Criminal Code of the FRY), defined as the violation of basic human rights and liberties as recognized by international law, on the basis of racial, national or ethnic background (propagating ideas of racial superiority, racial hatred and discrimination, persecution of organizations or individuals appealing for equality of people).

Over the past few years in the FRY, analyses of the national legal system have been made from the aspect of the prohibition of discrimination. Considering that their focus is mainly on formal issues, these analyses are still insufficient and incomplete. At the constitutional and legal level, the principle of prohibition is mainly respected, but constitutional provisions, for example, have been indicated as providing only the “citizens” with the right to “equal legal protection” (leading to the possibility that foreigners and refugees may be subject to discrimination by law). A great number of basic human rights and liberties are reduced by the constitutional provision “according to law”, hence representing a legal possibility of discriminatory-oriented law. There remain a number of hidden bylaws and regulations, particularly of single legal acts and measures, which are the most relevant legal documents from the point of the analysis of discrimination. A large number of generally relevant legal regulations (“acts”) remain beyond proper analysis; particularly single legal acts and measures, although they are of essential importance to the analysis of discrimination.

The persecution for the mass carrying out of criminal acts (even through media outlets), as determined by article 134 of the FRY Criminal Code, has never taken place. This is also the case for article 60 of the Criminal Code of the RS, as well as for other criminal acts, relevant from the point of view of discrimination or even genocide. This is an indirect implication of state-tolerated discrimination (irrespective of whether it is recognized or not), of failing to do anything to identify it, or of preventing some of its most drastic forms. This could result in creating a climate of discrimination.

Implementation

Croats

According to views expressed by a number of the members of the Croat minority, they are only formally recognized as a minority. This is insufficient due to a lack of more decisive political measures for the realization of objectives proclaimed by the LPRLNM. The implementation of minority rights of the Croat community in the FRY is closely related to the percentage of their representation at municipal level: in Subotica municipality the level of implementation of their rights is somewhat better, but in most other local municipalities inhabited by Croats, implementation of their minority rights is non-existent. Their minority rights are implemented only within the scope of the responsibilities of local governments, whereas the situation is very different at the level of the Republic government bodies and other institutions. Implementation of “full and effective equality”, as determined by article 4 point 2 of the federal law, envisages, among other issues, a flexible approach to the principle of equal national representation in places inhabited by Croat minorities. However, this principle is insufficiently applied at the level of state bodies, contrary to some positive practices at the level of local governments (such as the positive example of the Subotica municipality).

Roma

The Roma minority has been granted equal rights only upon adoption of the LPRLNM, given the fact that the Criminal code determines, to a certain extent, issues related to the protection of national minorities, and does not recognize the category of ethnic groups.

Recommendations

q Existing legislation regulating minority rights protection should be harmonized.

q Improvements in the existing legislation regulating minority rights protection are necessary through clearly defined sanctions in relation with state bodies

q Adoption of the law on minority rights protection at the level of the Republic of Serbia should be considered.

q The Law on Protection of National Minorities’ Rights and Liberties should be amended in line with already expressed requests.

q Raising public awareness is necessary for promoting measures of affirmative action.

q A positive environment for the implementation of minority rights should be created (a new minority policy, measures of affirmative action, and sanctions in cases of violations).

q Democratic institutions at all levels of organization should be made responsible for preventing discrimination, not only in the form of the right to non-discrimination but also in its implementation.

q It is necessary to establish an efficient judiciary and administrative system as well as an adequate education policy in a wider context.

q It is necessary to launch measures of affirmative action in election legislation so as to enable adequate representation of ethnic minorities in the political system.

q It is necessary to create a legal and institutional framework for the representation of minorities in administrative bodies.

Article 4, paragraph 2

Normative framework

Neither the Constitution of the FRY nor that of the RS contains explicit norms determining measures of affirmative action. They therefore lack the provisions on the non-discriminatory nature of the aforementioned measures.

Respective measures are incorporated in LPRLNM which determine the right of a state government body to undertake measures of affirmative action in accordance with the constitution and law (article 4).

Implementation

Roma

There are no specialized government agencies or institutions of local self-government for fostering Roma economic, political or cultural activities.

The Association for the Integration of Roma, composed of representatives of NGOs in Voivodina, Roma political parties and individuals, has initiated activities relating to the formation of a Roma National Council, in collaboration with the Secretariat for National Minorities of APV. The Association is now preparing a program for the integration of Roma in Voivodina that should determine short-, mid- and long-term measures aimed at the improvement of the social status of Roma.

There are examples of discrimination and segregation of the Roma minority, but they are not widespread, systematic or most importantly, institutionalized or purposefully exerted by government bodies (certainly within the higher tiers of government). According to field research, Roma people first and most frequently mention discrimination in the public domain (education, medical care), then in employment as well as in the sector of lower level government bodies. Segregation is more frequent and reflected in social behavior, such as being treated with suspicion or being called the derogatory term “Cigani”, rather than concrete threats, open hostility or violence.

The segregation of Roma with a Muslim religious background is somewhat worse, particularly regarding the displaced Roma population following the 1998 events in Kosovo. Equally important is the segregation within the Roma community. Reportedly, some Roma claim that they had experienced more segregation when they lived in Kosovo, although others say that relations worsened after the latest war conflicts in the Balkans. Although tensions have eased, the mutual divisions and distances remain strengthened.

It is difficult to assess whether the ethnic “distance” toward Roma is more evident among the majority (Serb) population or among national minorities. The general view of Roma interviewees was that persons belonging to national minorities are much more reserved toward Roma than the majority. Hungarians, followed by Serbs and Muslims, show the highest level of reservation. However, among both majority and minority communities, the distance towards the Roma increases when people are under the impression that Roma people are receiving preferential treatment, while other groups who are suffering similar, or worse, degrees of poverty are being neglected. An example is the support provided for Roma or Ashkalia refugees, with hostilities arising even among the Roma people as a result.

§ Kikinda and Sombor. Skinhead attacks on Roma were reported in Kikinda and Sombor municipalities. In Sombor a young Roma woman was physically attacked and told, “All Roma people should be used to make soap”.

§ Occasional anti-Roma graffiti has been reported in some settlements in Voivodina, such as: “Serbs are disappearing while Shiptars and Gypsies are breeding” (Sombor); “Gypsies get out of Serbia” (Sombor); “Gypsies to India” (Novi Sad).

§ Incidents of discrimination have been reported to have taken place in nightclubs, cafes, swimming pools and children’s playgrounds.

Article 4, paragraph 3

Article 5

1. The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve 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.

Article 5, paragraph 1

Normative framework

The right to association in accordance with the law, education and cultural organizations or associations, is granted by the Constitution of the FRY (article 11 and 47) determining the right of national minorities to preservation, development and expression of their ethnic, cultural and linguistic identity, as well as the right to use national symbols in accordance with international law. The same rights are granted by LPRLNM (article 12).

Implementation

Croats

Despite evident progress and improvement of conditions necessary for Croat cultural identity (for example: the approval of the initiative to introduce Croat as one of the official languages at the level of the APV; mother tongue instruction in schools; and the launching of a weekly Croat paper by the Assembly of the APV), there remains a lack of a permanent and institutional form of financing for Croat minority institutions. For example, in 2002, Croat institutions did not receive financial or media support for cultural expression (in Tavankut, Subotica, Sombor, Novi Slankamen, or for publishing journals, periodicals or books). No professional Croat scientific institution has yet been established.

Roma

Essential materials (premises, equipment and financial resources) for the preservation and development of the Roma ethnic identity and culture are almost non-existent. Roma associations have no cultural institutions for encouraging social life, such as cultural centers, kindergartens, playgrounds or sports grounds. This lack of cultural meeting spaces is particularly evident during the winter months. Specific association activities usually take place in private homes or in local community centers, which are in most cases dilapidated buildings.

§ For instance, in Roma settlement Jamura in Srbobran municipality, Roma annual cultural manifestation “Gipsy sparkles” is held although there is now Roma cultural center.

Financing for Roma organizations is scarce. None of their organizations have full-time employed personnel financed by the local government. Some local governments provide symbolic budgetary resources for Roma activities.

§ For instance, as reported by the Roma Cultural Centre in Subotica, their association receives less financial support than Serbian, Hungarian or Croat associations. Despite the fact that the Roma Cultural Centre has submitted its project proposals for education and cultural identity protection to the local authorities, it was ranked lowest in terms of financing.

Currently the programs of Roma associations in Voivodina are being financed by international donors. It is only owing to this support that they are able to survive. Most financial support for the empowerment of Roma organizations has been provided by the Foundation for an Open Society, Save the Children Fund and ADF. These organizations have invested in strategic development and supported Roma programs in education and publications in the Roma language[22].

The Secretariat for the Protection of National Minorities, Administration and Legal Regulations of the Autonomous Province of Voivodina, has publicly announced a call for proposals and, to a modest extent, financially support Roma projects that have been proven efficient in recent times (such as administrative work and the renovation of premises).

Programs of Roma cultural and art associations do not receive adequate media support, and their members are excluded from the work of the commissions in the evaluation of professional achievements in these fields, despite the fact that there are a great number of Roma choreographers and professional artists.

Among the Roma population, there has been an evident increase in awareness of the need for more involvement; activity and self-reliance, so as to improve their social status and develop their identity through the establishment of Roma associations that will help achieve the realization of their rights.

Is therw a state religion your country? If so, where is this laid down in law

In the FR Yugoslavia a state religion does not exist. According to the Constitution of the FRY and the Constitution of the RS, the State and Church are separate.

Is there an enumeration in law of recognized religious?

As determined by the Law on Elementary Education[23] traditional churches and religious communities are listed as follows: the Serbian Orthodox Church, the Islamic Community, the Catholic Church, the Slovak Evangelist Church, the Jewish Community, the Reformist Christian Church and the Evangelist Church. In this way the principle of religious equality has been violated.

Are there one or more official languages in your country? If so, where is this laid down in law?

(See article 10 of the Alternative Report on the Implementation of the Framework Convention on the Protection of National Minorities.)

Recommendations

q Public funds should provide more substantial financial support to both the institutions and to the projects of minority communities

Article 5, paragraph 2

Normative framework

As determined by article 5 point 3 of LPRLNM, the undertaking of measures designed to force the assimilation of persons belonging to national minorities is prohibited. No policy of forced assimilation is implemented in the territory of APV.

If there is legislation explicitly pertaining to a “general integration policy” please provide details. Is there a general integration policy in your country? If so, please give details.

In the FRY, there is neither a legal regulation explicitly determining “general integration policy”, nor is there any respective state body.

Recommendations

q It is necessary to identify the forms of social practices that lead to assimilation and, if supported by the state, to discontinue administrative and financial support.

Article 6

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 field 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.

Article 6, paragraph 1

Normative framework

(See article 9 of the Alternative Report on Framework Convention implementation)

Education

Over the past year, the Ministry of Education has initiated a new approach in regard to changing education programs and curricula for elementary and secondary schools, particularly in the Serbian language, literature and History. Following principle of tolerance it was agreed to remove elements violating the spirit of tolerance, and instead to introduce principles of intercultural dialogue, respect and interethnic understanding.

Media

Media outlets – be they in minority languages or the majority media – have not paid enough attention to the protection of the rights of minorities, or to issues relating to their violation.[24].

(See article 9, paragraph 1 of the Alternative Report)

Croats

Most TV and radio broadcasts are dedicated to the lifestyle and status of the Croat community in Voivodina. Due to limited time provided by TV Novi Sad, it is rare for television programs to address events concerning minority communities. Radio programs do so slightly more frequently – these tend to refer to Hungarian, German and Jewish communities, but usually involve issues of general concern or of concern to the majority.

Hungarians

The monitoring of the media in Hungarian during 2002 has indicated that while Magyar Szo (the only daily paper in a minority language published in Voivodina) has not shown any sign of animosity towards other cultures, nor has it shown a sense of openness, even at the level of basic information.

One independent production company, UrbaNS, did make an effort to break down ghettos, cherish multiculturalism and promote inter-cultural dialogue. Their bilingual (Serbian/Hungarian) TV program “Multicity” was launched in 2000 as one of the first of its kind. Financial problems meant that the program could not continue in 2001, after the original backers (the Foundation for an Open Society Yugoslavia) stopped funding it and no other backers could be found.

Every fourth Sunday since January 2002, TV Novi Sad First Channel has been broadcasting a cultural magazine in Serbian, Hungarian, Slovakian, Romanian and Ruthenian. This 60 minute program’s title is “Together” and all the reports are in minority languages with Serbian subtitles. In addition, contributions by journalists writing in Ukrainian and Croat are included. TV Novi Sad had been broadcasting the program in Hungarian for 30 years, relying on highly professional Hungarian editorial staff, but this is no longer the case. TV news and information programs in Hungarian cover the issues of concern for multiethnic municipalities, and as of recently the issues relating to German minority groups, which had been neglected for many years.

Radio 021, within the feamework of its second channel, broadcasts programs in Hungarian, Slovak, Romanian and Ruthenian. Multi-linguistic news is broadcast daily (3 times a day for 5 min), announced by respective journalists. The aim is to contribute to the acceptance of different languages by the audience. The concept of “Multi-radio” relies on cherishing multi-linguistic broadcasting of all programs.

Although achievements have been made in understanding the day-to-day facts of the coexistence of minority groups in a multi cultural society, it can be concluded that groups such as the Hungarians have not been fully informed about the recent debate on the rights of minorities.

Roma

TV broadcasts are almost completely bilingual (in Roma and Serbian) and hence represent a real progress in terms of an inter-cultural approach.

Romanians

There is an evident lack of information on other ethnic groups in the Romanian media. Apart from the coverage of cultural festivals, there is almost no mention of other activities. A few documentaries on Slovakian naïve paintings or Ruthenian poets are insufficient.

Considering that literature in minority languages has not been translated into Romanian in observed period of time, a real and single breakthrough has been made by the editor of “Cultural Watch” and magazine “Lumina” which feature occasional translations from Hungarian and Slovakian.

Ruthenians

The second Channel, Radio 021, broadcasts a program in Ruthenian.

Slovaks

Multicultural issues in both electronic and written Slovak media are covered sporadically due to a lack of human resources. For example, the most popular and influential newspaper in the Slovak language, “Hlas Ludu”, has published only seven reports on the LPRLNM and four texts on the Framework Convention over the period of one year (September 2001-September 2002), mainly in the form of information and without analytical elaboration. The main issue covered has been that of education in the mother tongue; other minority-related problems have not yet been tackled.

No multicultural research or empirical institution has been established in Voivodina. Only individuals and few non-governmental organizations are professionally and actively involved in issues related with intercultural coexistence. Institutions in Voivodina have been traditionally oriented towards the study of folklore. Translation work from minority languages has been least present; just a few individual achievements have been published in art and culture magazines over the past ten years.

The results of a public poll carried out in Voivodina indicate a high level of understanding by citizens for the need to cherish the cultural identity of each ethnic community. Over 89% of adult respondents included in a survey conducted by SCAN Agency Novi Sad, agree with the statement that “fostering the cultural identity of each ethnic community in Voivodina is not detrimental for the development of other ethnic communities.” However, the vast majority of respondents at the same time express a high level of self-criticism in relation to their own knowledge on the cultural values of other ethnic communities living in the same environment. Almost two thirds of them state that they are not acquainted with the culture of a different ethnic community.

Recommendations

q The state should undertake a wide range of measures to contribute to affirmation of ethnic tolerance in the sphere of education and media.

q The implementation of measures aimed at positive action is necessary to enable more contacts and to develop multiculturalism and inter-culturalism among citizens of different ethnic backgrounds.

q It is necessary to support co-operation between media outlets in minority and majority languages through specific donations. This should also include translation projects between minority and majority languages (particularly between minority languages).

q It is necessary to enhance bilingual and multilingual broadcasts in the electronic media in order to develop better mutual understanding and learning of the language of other national communities (positive practice had existed until 1990).

q By the provisions of the media law, multicultural and multi-linguistic approaches should be supported through frequency distribution, donations, additional budgetary resources and tax benefits.

q It is necessary to organize trainings aimed to foster editorial policy based on multicultural approach.

q A public publishing company should be established for the Roma language.

Article 6, paragraph 2

Implementation

Croats

As with the case of the Roma community, negative stereotypes toward Croats have not significantly decreased, while an evident “ethnic distance” is still present (particularly in the region of Srem). A number of Croats are of the opinion that the Croat community is the second national minority (after Albanians) toward which the majority has preserved the most negative stereotypes. This belief produces fear and uncertainty within the Croat community and impedes the possibilities of public involvement in the implementation of their rights. Evidence shows that examples of intolerance remain unpunished:

§ Novi Slankamen. After festivities held on the occasion of the 100 year anniversary of the Croat Association, local Croats received numerous phone threats.[25]

§ Tavankut. During enrolment in Croat language classes in an elementary school, parents were exposed to pressures and anonymous phone threats with the aim of coercing them to withdraw their children from these classes. Some of the parents did not enroll their children in the language classes as a result.[26]

§ After showing a TV program on the celebration of the Croat Academic Society “Matija Gubec”[27] in Tavankut, both the participants and authors of the TV emission were exposed to verbal (chauvinistic) attacks.

Hungarians

The following examples are indicative of the situation for Hungarians:

§ Sombor. Last year the Republic of Hungary adopted the Law on the Status of Hungarians living outside Hungary, according to which Hungarians living in neighboring countries (Slovakia, Ukraine, Romania, Yugoslavia, Croatia and Slovenia) are entitled to a number of benefits. In Voivodina, the so-called Hungarian identity cards were distributed by a civil society organization, CMH (Concordia Minoritates Hungariae), in several of its branch offices across Voivodina. The CMH branch office in Sombor[28] received an anonymous phone call informing them that a bomb would be thrown into the office at 14.00. The personnel informed the police, who arrived soon after, took the witnesses’ testimonies and stayed until the end of working hours. No incident took place.

§ Becej. On the same day[29] the CMH Office in Becej received an anonymous letter threatening a bomb attack if the personnel did not cease to receive applications for Hungarian identity cards. In this case, the police also reacted promptly. The culprits remain unidentified.

§ A fight broke[30] out between two Serbian and Hungarian classes in the Zdravko Glozanski elementary school in Becej. According to the statement given by the parents of one of the Hungarian pupils involved, Serbian pupils attacked them yelling: “What are you (Hungarians) doing here?”, “Go back to where you came from” and similar. The same pupil stated that teachers did not pay any attention, even when some pupils started kicking one of the boys. Parents only found out what happened following indirect complaints; the children did not complain directly, but all of them wanted to sign out from school.

§ Temerin. During a Hungarian wedding ceremony[31] an ethnic-related incident took place among the guests. Two young Serbian men drove along the wedding procession humiliating the guests. They were arrested and kept in custody for 29 days while the investigation took place.

§ Novi Sad. The wall of the publishing house “Forum” in Novi Sad has repeatedly had graffiti on it saying: “Serbia to Serbs – Hungarians out”. The building houses a number of Hungarian institutions, including the daily “Magyar Szo”, the family weekly “Csaladi Kor”, the “Forum” publishing house, and “Kepes Ifjusag”, a youth magazine. As a new initiative[32], the mayor of Novi Sad painted over the graffiti, as well as the graffiti on several other buildings in town. After just two days the graffiti was back. At the time of writing this report, the graffiti is still there.

§ Sombor. On the façades of some buildings[33] in Sombor the following graffiti appeared: “Hungarians out”, “Albanians, democracy will not save you from Serbian reprisal”, and “Death to Jews”. The graffiti was condemned by the members of local assembly.

Roma

As determined by the LPRLNM, the Roma minority was granted the status of a recognized national minority last year, but in many ways their recognition is at the level of a declaration due to their long term and persistently marginalized social status. Both the explicit mention of the Roma minority in the LPRLNM, and the introduction of positive discrimination in employment and enrolment in schools have been highly praised.

Settlements

Roma settlements in Voivodina exist as isolated ghettos, or slums at the end of streets and in suburbs. Many of these settlements are located near canals, swamps, landfills or dumps. Their houses thus tend to be on swampy and floodable terrain, often surrounded by garbage and infested with vermin. When the streets in a certain settlement are asphalted, development comes to a halt at the first Roma houses. The same applies to the electricity, water and sewage systems, with streets often being overrun with sewage (a problem for school children). This is the case is most Roma settlements in Voivodina, with nearby canals stinking unbearably during summer. Consequently, ecological standards are extremely low in these settlements. In the slums, houses are old and dilapidated, lacking essential sanitation, while in other rural or urban settlements across Voivodina, similar houses are in good condition. The so-called “integrated Roma” (or “home Roma”) do not in most cases have these housing problems; their houses look similar to the ones owned by the members of other national communities. The exception to this are the so-called “backyard Roma” living in larger urban areas but in ruined houses located in the backyard of residential blocks of houses.

Owing to aid provided by humanitarian and other organizations, housing conditions for the Roma have been improved in some of the settlements, but even these remain far from minimal communal standards. Roma people also tend to complain about frequent visits from teams making enquiries, records and surveys and then promising support which in reality is usually of a minimum level.

Incidents of Roma protests have also taken place, such as in the suburban settlement of Sangaj[34] in Novi Sad. The local population, including both Roma and non-Roma in collaboration with the city’s ecological movement, initiated a wide range of activities at the national and international level in an attempt to relocate the settlement, but unsuccessfully.

Employment

Employment is most frequently reported as the crucial problem for Roma people and their families. Roma families tend to have more members than in other groups, but usually at most one member is employed, even if members are young, healthy and educated. Despite have a desire to work, their chances of securing employment are small. Consequently, many think of leaving the country. In those areas which have a tradition of emigration, almost all Roma households have a member employed abroad. In many ways this practice contradicts the widespread stereotype that the Roma live off aid and avoid work.

The Roma do however remain largely unemployed, and certainly have more difficulties than other groups in finding work. Some of them claim that neither education nor qualifications have helped them find a job, while others believe that the state-supported employment of the pre-war period was preferable. Many Roma are losing hope while job-seeking in this country, although others are increasingly making efforts to resolve their problems through self-employment. A number of Roma community members have acquired certain qualifications for employment but lack proper equipment and initial financial resources to start businesses. Some reported that they possess tools but cannot find a job. Numerous Roma community members are ready to accept any job even after completion of secondary education. According to reports from some settlements, Roma people owning small businesses are more frequently visited by financial inspectors than other communities living there.

Discrimination

The huge majority of Roma interviewed made no mention of cases of discrimination, threats, hostilities or violence toward Roma in their settlement. The general opinion seems to be that the level of intolerance towards Roma is of an average level, or the same as it had been a year ago. Most of them consider the relations between the Roma and non-Roma populations to be the same (neither better nor worse) as they were before the conflicts in former Yugoslavia.

§ Titel. Furniture was thrown out of the office of a Roma member of local Executive Council and the following day graffiti appeared saying: “Gypsies out!”

§ Mali Idjos. Local police in Mali Idjos municipality assaulted the president of the Roma association because he refused to say who had committed a robbery as the suspect was a Roma. Court proceedings were initiated against the policeman.

§ Sonta. In Sonta municipality the public inscription, written in Roma, on the building of the Roma Cultural centre was removed[35] but replaced following the reaction of the Roma association.

§ Only every third member of the Roma community has noted any educational programs or media/political campaigns aimed at the elimination of stereotypes, prejudices and intolerance toward Roma.[36]

Recommendations

q It is necessary to initiate the adoption of the law on anti-discriminatory measures.

q To provide proper communal and ecological sanitation for Roma settlements and improve their housing conditions.

q To provide a water supply system, electricity and the construction of streets in Roma settlements.

q To continue to organize free meals and to purchase fuel for at risk Roma families.

q An adequate employment policy should be introduced in the employment of persons belonging to the Roma minority.

q To promote more humane relations towards Roma children.

q It is necessary to install traffic lights along the transit roads passing through settlements inhabited by Roma populations in order to avoid accidents involving children. (In Veliki Rit, a Roma settlement near Novi Sad, a Roma child gets hurt in a traffic accident almost every month).

Article 7

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

Normative framework

(See Article 8 of Alternative Report on implementation of Framework Convention)

Implementation

Croats

The first festivity organized by Croat community in Novi Slankamen after 11 year long break was disturbed by a large number of local population[37]. Although the organizers did not in any way provoke such a chauvinistic reaction, their guests were insulted while the police was silently watching the scene. No reports were received on whether anyone has been found responsible for this incident.

Roma

Some ten years ago there were five Roma associations in Voivodina; today there are over forty, both registered and unregistered. Major Roma associations in Voivodina are: Matica Romska in Yugoslavia, Union of Roma associations of Voivodina, Voivodina Initiative for Roma (all located in Novi Sad). Their program of activities clearly determines the status of Roma minority. Most of these organizations have been established in order to provide humanitarian aid, but only few of them give priority to education issues. Currently only two organizations have offices at their disposal.

§ In a Roma settlement in Apatin municipality, Roma community has obtained a temporary facility from a donor, while in Mol municipality a non-Roma organization involved in education programs intended for Roma obtained a facility for 99 year period of time.

§ In Subotica municipality the problem of office space is about to be resolved after eight years of negotiations with local authorities. Most other Roma organizations are still trying to obtain premises from local governments; according to their reports, in most cases they do not receive either positive or negative response.

Some Roma have suggested that if local authorities continue with such a policy, the work and objectives of these associations will be hampered (due to financial constraints only 25% of Roma associations can run their programs by themselves; most depend on the support provided by other institutions).

Field research suggests that Roma people prefer to meet and make friends with members of the community in ‘common clubs’, rather than the ones intended only for Roma community.

Although some of the Roma interviewees consider that establishment of their own associations will help to secure their rights, they think that Roma associations still lack a higher level of self-organization, activism and a professional approach to the improvement of their social status and that they tend to acquire personal, rather than common benefits.

Recommendations

q It is necessary to initiate court proceedings against those who commit offences and crimes of a racial or communal nature.

q It is necessary to consider the possibility of creation of a special public fund for the financial support of the Roma community.

Article 8

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

Normative framework

Freedom of religious beliefs is granted by Article 43 of the ‘Constitution of FRY’ and Article 41 of the ‘Constitution of RS’. The same provision separates religion and the state and provides for the freedom to practice religious ceremonies as well the possibility of a provision of state support to religious communities.

In introducing compulsory religious instruction in elementary schools the principle of separation of church from the state has been violated.

As determined by Article 18, point 2 of the ‘Constitution of FRY’, all churches are equal and free to exercise their religious services and ceremonies.

As determined by the ‘Law on Elementary school’[38] (article 22), and considering the introduction of religious instruction as an optional subject only for traditional churches and religious communities (see the treatment of article 5 in the ‘Alternative Report’) the principle of equality of churches has been violated. Unequal treatment of different religious communities is evident in the unequal distribution of material support to different religions, in difficulties some religious communities have erecting religious facilities and in the vilification of some religious sects as being satanic (which is sometimes extended to all religious sects). The criminal code of the RS does not criminalize the violation of expressions of national identity or the violation of freedom to religious beliefs and exercising religious ceremonies. Considering the guarantees provided by the ‘Constitution’ these violations of rights should be incorporated in criminal code. It is also worth noting that under military law it is still a criminal offence to refuse to hold and use weapons (with drastic fines ranging from one to ten years of imprisonment). This obviously contravenes religious conscientious objection, which forms an integral part of some religious beliefs.

The ‘Draft Law on religious freedoms’[39] indirectly favors Serbian Orthodox Church, which is granted an exceptional relevance in “preserving and developing national identity”. It also emphasizes that “harmonized relations” between church and state “can improve implementation of human rights, cultural and traditional values”. The church is represented as being a force for social cohesion in the community, and the spirit of collectivism and synodic affiliation is contrasted with the concept of religious freedom as an individual choice. This legal proposal directly and indirectly restricts religious freedom. Although the initial provisions determine the “freedom of thought, conscience and religious belief”, these freedoms are not the subject of legal regulation as one would expect given the nature and the title of the law proposal.

The legal proposal does not make reference to the freedom of religion and individual right to religious beliefs, and is mainly orientated to the church, its role in the state, state obligations toward church organization and religious communities and their legal status (particularly emphasizing the legal status of the so called traditional religious communities and in this way discriminating all the others). The content and spirit of this legal proposal gives an impression of rigidity and intolerance. Especially restrictive are the provisions regulating the places of worship and the provision regarding religious holidays is clearly discriminatory. The provision on ‘conscientious objection’ is ambiguous, while the provision on the prohibition of abuse of religious freedoms is directed against the ‘religious sects’.

Implementation

Croats

Croats and Hungarians would like to establish institutions such as schools and kindergartens, but their religious communities are denied their right to do so.

Roma

Small religious sects are widespread amongst the Roma population in Voivodina. They are mainly ‘Jehovah’s Witnesses’, but there are also ‘Adventists’, ‘Hare Krishna’, ‘Church of Jesus’ Body’ and ‘Nazarenes’. Recently, important steps have been made in developing mutual tolerance between these religious groups inside the Roma community.

§ For example, in Subotica, Veternik and Beocin municipalities displaced Muslims have been provided with separate Islamic graveyard in accordance with their religious rituals. Also a place of worship for the Muslim community has been established.

§ Another example of improvements in religious tolerance can be found in the Kovacica municipality: when a member of Roma community is buried the religious ceremony is conducted by both Evangelist and Orthodox priests.

In the larger urban areas of Voivodina (Novi Sad, Subotica and Zrenjanin) an influx of displaced Kosovans has increased the proportion of Muslims found within the Roma communities. This has led to objections within the local Roma communities, who are now in a minority, about the level of humanitarian aid directed towards the displaced Roma and Asjkalians from Kosovo. They have expressed fears that this aid is bypassing the local Roma people and is being sold in market places in which they are denied access.

§ Instances of distribution of social and humanitarian aid on the basis of religious affiliation have been reported in Mali Bedem, a settlement near Kikinda; complaints were filed because the Catholic Church favored members of the Catholic Roma community over the Orthodox community when distributing fuel.

Recommendations

q Improvements should be made in relevant legal regulations.

q More consistent measures should be taken in order to separate the State from the Church.

Article 9

1. The Parties undertake to recognize 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 media.

2. Paragraph (1) shall not prevent Parties from acquiring 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.

Article 9, paragraph 1

Normative Framework

APV has no competencies in electronic media: the area regulated by the law on broadcasting adopted by the parliament of RS[40]. On these issues public debate has lasted for more than a year and ten legal drafts have been discussed.

Four contentious issues stand out:

q The establishment of a radio broadcasting institution in Voivodina;
As determined by this law (article 94) a radio broadcasting institution in AP Voivodina should be established: “[in] exerting public interest, public radio-broadcasting service shall undertake to produce and broadcast programs intended for all segments of society, without discrimination (point 2); take into account specific social groups, such as ethnic minority groups; and respect linguistic standards (Point 3).[41]

q An appropriate number of frequencies and channels for this public service; As determined by this law, the radio broadcaster of AP Voivodina should be entitled to three UKT networks and two mid-wave channels. Currently the mid-wave channel is not in operation because the only one in existence is used by Radio Belgrade, the others having been destroyed during the NATO bombardment. Until the time of writing this Report, the transmitter used for broadcasting programs, including those in minority languages, has not been returned to radio Novi Sad. In the meantime the Assembly of APV has supported an initiative to provide a multiplexer; this device improves the audibility (of minority languages) but does not meet the needs and standards prevalent in the industry since the 1980’s. After prolonged disputes, TV Novi Sad was provided with two channels: one in Serbian and another one for minority languages programs.

q The establishment of the radio broadcasting agency of Voivodina (not only the Republic’s radio broadcasting agency); As determined by the law, only the Republic’s radio broadcasting agency was envisaged (article 6) with a council composed of nine members, of which only two shall be from Voivodina. The proposal to establish a radio broadcasting agency of Voivodina (with a council comprising of members from national minorities) was submitted by the Media Commission of the Assembly of Voivodina during public debate on the proposed law, but was rejected.

q The planned privatization of the radio broadcasting organizations (to be completed over the period of next four years;.The founders of these bodies are the local governments (municipality, city) (articles 96 & 126). The conclusions of the public debates indicated that the privatization of local media would be detrimental for minority languages; it is expected that minority languages will gradually disappear in local broadcasts, which is where they are actually most needed.

§ Examples of this happening have already been reported: after the privatization of Radio Vrsac, the Romanian language program was discontinued.

Implementation

General overview of multi-linguistic printed and electronic media in Voivodina

A total number of 150 papers/pamphlets in minority languages are printed in Voivodina. The Voivodina radio broadcasting institution broadcasts radio and TV programs in seven minority languages. An additional 22 local government run radio stations are broadcasting programs in at least two languages.

It is the Assembly of APV itself which manages the minority language printed press. This is neither beneficial for minority languages nor in line with the current trends in media development. It is being discussed whether the minority language printed press should be put in the hands of a Nation Council of Minorities.

Currently private printed media in minority languages are almost non-existent, with the exception of Csaladi Kor, a weekly in Hungarian and the best selling paper among minorities in Voivodina.

The APV does not have a developed network of private radio and TV stations in minority languages, and local transmission in minority languages are very sporadic. The only local minority language radio station on the ANEM network[42] is “Multiradio” of the Regional Radio 021.

Undergoing a particularly difficult time are the Slovak, Romanian, Ruthenian, Ukraine and Roma language programs on Radio Novi (a public service broadcaster) in. All programs have had their duration reduced: for example, the program in Slovak language previously lasted 7 ½ hours but now it lasts just 5 ½ hours. All their daily broadcast schedules have also been split into two or three blocks broadcasted at different times throughout the day. For example, the Slovak program is being broadcast in three segments and the Romanian program in four segments, consisting of 60 or 90 minute long programs. This is mainly due to loss of frequencies and broadcasting capability following the NATO bombardment and the resultant loss of transmitters.

Up until July 2002, the broadcast quality of minority language programs to regions with a large minority groups varied in quality but were on the whole extremely poor. After installing the multiplexer device the quality has remarkably improved. However, it was only in September 2002 that technical improvements enabled broadcasting in stereo mode (the capability to broadcast in stereo was lost as a result of the 1999 NATO bombardment).

Attempts to provide a solution to the narrowness of the radio bandwidth have resulted in a compromise in which all programs of Radio Novi Sad in Slovak, Romanian, Ruthenian and Roma languages are broadcast at one single frequency; this does not meet the needs or demands of any of the minority groups.

Therefore as a result of problems and inadequacies listed above the access of national minorities to public information in their mother tongue has been substantially reduced.

Recommendations

q A unified system of distribution of radio and TV frequencies in Voivodina should be established.

q Special measures should be introduced for the protection of local media in minority languages during the process of privatization (as determined by the law concerning radio frequencies distribution). This could take the form of additional legal regulations designed to protect and incubate minority language programs from market forces[43].

q Longer broadcasts windows should be provided for minority languages to avoid the fragmentation of minority language programs already of short duration and to prevent a reduction in their popularity.

q Measures aimed at abolishing political influence on editorial policy should be introduced.

q TV programs in minority languages should be subtitled in Serbian.

Article 9, paragraph 2

Implementation

No cases have been reported in which individuals or organizations have been prevented from acquiring approval for licenses to establish media in minority languages. Public services are required to provide public information in all languages (See Article 9/1 of Alternative Report on Framework Convention). Due to their market and commercial orientation private media outlets are mainly uninterested in minority languages.

Article 9, paragraph 3

Implementation

As demonstrated in ‘article 6’ of this Alternative report (and as reported in the aforementioned minority language media institutions) there is a lack of professional journalists working with minority languages and there is insufficient coverage of issues concerned with the implementation of the ‘Framework Convention’ and the public debate on the rights of national minorities.

Printed media

Croats

Croat language printed media in is a novelty in Voivodina; there are only three Croat language print media outlets (for Catholic monthlies and cultural periodicals).

There are problems with staff shortages and there are a number of unresolved disputes within this minority community which are reflected in their print media.

Hungarians

The Hungarian national minorities have the most developed media infrastructure, but it is apparent (from reports made by members of this minority group) that this strength largely comes from the aggressive aspirations of the Hungarian minority political party the ‘Alliance of Voivodina Hungarians’, who aim to be the dominant influence in the Hungarian minority group.

Despite the presence of several Hungarian ethnic parties, the ‘Alliance of Voivodina Hungarians’ has succeeded in establishing a majority in the ‘Managing Board of Forum Holding’[44] of the Assembly of Voivodina. Journalists wary of the threat to their independence are insisting on a media free from the political influence; editorial staff in the Hungarian media are aging.

In reported period of time, in the daily paper ‘Magyar Szo’no significant reporting was made on the ‘Framework Convention’. The exception was public debate on LPRLNM.

the only daily in Hungarian (Magyar Szo) paid attention to the public debate on the Law on national minorities, while no mention of Framework Convention was made whatsoever

Roma

Regularly printed media in the Roma language does not exist in Voivodina.

Romanians

Printed media in Romanian meets the needs of this minority group. Aside from regional press (e.g. the publishing house ‘Libertatea’), a number of local self-governments publish newspapers in Romanian.

Last year “Libertatea” launched a multicultural page (the first attempt of this kind in minority media) containing articles on minority issues prepared by authors and journalists from other national minorities in Voivodina.

After almost six months of cooperation with numerous publishers and journalists from different minority communities, this page gradually disappeared due to lack of finances. Because of staff shortages some local media have ceased to publish additional pages in Romanian, although they continue reporting about the life of this minority community.

During the period observed, printed media did not provide adequate coverage of the ‘Framework Convention’ or the law on national minorities.

Ruthenians

The Ruthenian language media has not kept pace with modern media trends. A lack of professional journalists is evident. The leading publishing house ‘Ruske Slovo’ has covered issues related with the law on national minorities but has not provided thematic or detailed analysis. Analytical articles on minorities’ status are almost non-existent.

Slovaks

Seven Slovak papers are printed in Voivodina, though none is daily. The best selling one with the longest history is the weekly “Hlas Ludu”. The other papers are mainly intended for specific target groups, such as religious groups.

Financing of all printed media (with the exception of ‘Hlas Lud’, which was established by the Assembly of Voivodina and financed by local government) is unstable and uncertain. Editorial staff are constantly changing due to the lack of full-time journalists. Their influence on public opinion is insufficient and the ‘Framework Convention’ and federal law on minorities were paid scant attention.

Serbians

In addition to the local papers run by the municipalities only two regional dailies are printed in Voivodina. Local print media is complemented by the existence of local radio stations.

During the observed period of time, regional dailies in Serbian (Dnevnik, Gradjanski list) reported on events related to the public debate on the adoption of the LPRLNM. More substantial analysis was provided by the daily ‘Dnevnik’ in a series of columns titled “Living Together”[45]. Once a week a whole page of this daily is devoted to issues related with inter-ethnic communication, national minorities and the issue of tolerance and once a month on average approximately twelve articles of an educational theme are published. Only sporadically are related themes elaborated on. However, this is an initial attempt to publish texts concerned with ‘minority’ issues regularly in a daily newspaper.

As observed, the local press only sporadically reported on incidents involving racially motivated graffiti or vandalism of religious facilities (actions indicative of national or religious intolerance).

Electronic media

Croats

The Croat minority in Yugoslavia receives information in their mother tongue from TV Novi Sad and Radio Subotica. The private television station ‘Spektar’ in Sombor started broadcasting Croat language programs in August 2002. Radio Subotica started broadcasting a daily two hour long Croat language program in 1998. The television station ‘Novi Sad’, created by NGOs and produced by an independent production team, is only in Croat language broadcaster.

§ There have been violations of freedom of expression: the show ‘TV Talks’ was censured because the interviewers expressed views on the so-called ‘Bunyevats’ issue’, and a program about the renovation of a Croat cultural centre in Slankamen was withdrawn because the local Chetnik group was filmed protesting against the re-establishment of Croat culture. The documentary authors were accused of inciting racial hatred; however, the documentary was eventually aired minus the offending scenes.

Croat language programs have given special attention to the ‘Law on the Protection of Rights and Liberties of National Minorities’. The debate on the rights and liberties of minority groups has been pertinent to the Croat media since they attained national minority status.

Hungarians

Novi Sad Radio Television (RTNS) is the main electronic media broadcasting program in Hungarian language. In addition, a network of local radio stations has also been established but not TV. Staff shortages are the most acute problem for the Hungarian media. For example, the Hungarian editorial staff at Radio Novi Sad are broadcasting programs 24 hours a day with only 52 employees (of whom 31 are non-technical staff).

Minority rights issues are poorly represented in the Hungarian media. The ‘Framework Convention’ and the ‘Law for the Protection of National Minorities’ only received passing comment and no analysis. More space has been given to the ‘Law on the Protection of Rights and Liberties of National Minorities’. After this law was passed by the Federal Parliament journalist’s columns and comments were contrite despite numerous remarks and objections expressed to the contrary during the public debate.

Roma

Television broadcasts in the Roma language are virtually non-existent. There are only a few local radio stations broadcasting programs in Roma. Radio Novi Sad (public service) broadcasts a two and a half hour long daily program in Roma language and Regional Radio 021 broadcasts transmissions in Roma (prepared by a team of young Roma people) within its Multiradio program. Public information in Roma language is at satisfactory level in Voivodina. The second channel of Radio Television Serbia broadcasts a 90 minute program via satellite intended for the whole of Serbia. Finally Roma editorial staff are in extremely short supply.

Romanians

The Romanian electronic media is in a particularly difficult position since their program broadcast by Radio Novi Sad was downsized and divided into four segments. Current program coverage is fairly limited.

The Romania radio station Rasica has a poor range and the Vrsac municipality, with the highest concentration of Romanians, is unable to listen. When the local radio station ‘Vrsac’ was privatized the Romanian programs were discontinued despite being partly financed from municipal budget sources. Seven municipal and local radio stations broadcast programs in Romanian, but due to a lack of finances the local radio ‘Alibunar’ is being phased out.

Restrictive employment policies in media (affecting minorities) have not changed over the past year. The average age of journalists is 47 years because none of the Romanian editorial staff hired any young people in the past decade.

Television Novi Sad (public service) is the only broadcasting TV program in Romanian. Local or private TV stations in Romanian are non-existent.

Research indicates that the Romanian electronic media in (both radio and TV) has paid substantial attention to the election of the members of the Romanian National Council in Yugoslavia. Editorial staff in Romanian also paid special attention to issues related with the minority status of the Vlachs in eastern Serbia and the Timok region.

Ruthenians

Aside from several local radio stations the public radio station Novi Sad broadcasts one three hour long daily programs in the Ruthenian. Like other minority information programs it was reduced after the NATO bombardment. Radio and television editorials operate mainly with a lack of staff and professionals.

The television company produces one ten minute long daily news show, one thirty minute long weekly magazine program and one two hour long monthly program. There are no privately owned electronic or printed media in Ruthenian. Co-operation with other minority media is also limited. Editorial staff on radio programs in Romanian pay little attention general issues related to minority rights protection (including the ‘Framework Convention’ and the ‘Law on the Protection of Rights and Liberties of National Minorities’).

Slovaks

Slovakian electronic media suffers from problems similar to the other minority media in the province. Radio programs have been reduced and segmented because of inadequate transmitter power. The television station Novi Sad broadcasts one 180 minute long daily program in the Slovak language covering almost the whole territory inhabited by this minority apart from the southeast part of Banat and parts of Srem. Apart from this public service a private TV Station in Backi Petrovac municipality has been established. However, they lack staff and professional editorial staff[46].

Electronic media in Serbian

The major Serbian broadcaster is the radio/television station Novi Sad (RNS), which operates both regionally and locally. The RNS provided detailed analytical reporting in Serbian on the public debate concerning the LPRLNM.

In interviews, round-table discussions and occasionally through investigative reporting on the violation of minority rights the RNS focused on particular aspects of the debate: the official status of minority languages, the harmonization of elementary and secondary school curriculum’s with the new legal provisions on minority rights, and the formation of national councils.

Serbian programs also covered the Framework Convention, but only within a wider discussion on the status of national minorities in Voivodina. No regular transmissions on related issues were noted. The television station Novi Sad has treated the Framework Convention in a similar manner. Most local radio and television stations have not paid any significant attention to minority issues. Serbian media institutions in Serbian do not the same human resources problems as the other minority language groups. It could be concluded that Serbian media is a more effective force in the democratization of society compared with the other minority languages media[47].

Recommendations

q Measures should be introduced to support both alternative and official education in minority languages in order to facilitate the renewal of editorial staff in minority media institutions.

q Seminars should be organized to maintain a high level of linguistic competence of employees in minority media institutions (for example, visiting guest lecturers from kin states)

Article 9, paragraph 4

Normative Framework

The ‘Law on the Protection of Rights and Liberties of National Minorities’ as well as the law concerning radio broadcasting gives minority groups the right to media in their mother tongue (as mentioned in article 9/1 of the ‘Alternative Report on Framework Convention’). However, neither of these laws provides instructions or recommendations on the implementation of affirmative policies to fairly distribute broadcasting frequencies.

Recommendations

q Principles of affirmative action should be applied in new legal acts, above all in the ‘Law on Telecommunications’, and to provide conditions in which minority language media coverage extends to all territories inhabited by minority communities (directed frequencies and existing transmitters are inadequate).

q Modern equipment should be obtained: credit lines, tax relief and donations should be used encourage the reconstruction and modernization of minority media institutions.

Article 10

1. The Parties undertake to recognize 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. If minority groups request to use their language in dealing with the local authorities in areas traditionally populated by that minority group or where the minority group constitutes a substantial proportion of the population, and that request corresponds to a real need, the parties will endeavor to ensure, as far as possible, that the minority language is used in relations with 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 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 allow the person arrested to defend himself or herself in their language, if necessary in the presence of an interpreter paid for by the authorities.

Article 10, paragraph 1

Normative Framework

The right to official use of the language and alphabet of persons belonging to national minorities is granted by the constitution of FRY (article 15, paragraph 2).

This constitutional provision is not of general character and is not applied uniformly throughout the FRY. The right to official use of minority languages is granted “in areas of FRY inhabited by national minorities” (article 15, paragraph 2) and this right must be exercised in “accordance with the law” (article 12, paragraph 2 in fine).

The chapter on human rights in the constitution of FRY contains a general guarantee for the use of minority languages and alphabet (article 45, paragraph 1 in fine), whereas the contents of this freedom are determined in articles 45, 46 and 49.

The constitution of RS provides for the right to official use of the mother tongue and alphabet of “nationalities”[48] (article 8, paragraph 2). The constitutional guarantee is not of general character and is not applied uniformly throughout the RS. The right to official use of minority languages is granted only “in territories of the Republic of Serbia inhabited by nationalities” (article 8, paragraph 2). As determined by the constitutional provisions, languages and alphabets of nationalities are in equal use together with “Serbocroat language and Cyrillic alphabet” (article 8, paragraph 1). This right is exercised in “accordance with the law” (article 12, paragraph 2 in fine). Only the right to education in mother tongue is explicitly guaranteed “in accordance with the law” (article 32, paragraph 4 in fine). As determined by the provision 49 the citizens (of the Republic of Serbia) are entitled to the freedom of expression of their national culture, use of language and alphabet.

The ‘Law on the Protection of Rights and Liberties of National Minorities’ confirms the right to the free use of language and alphabet of national minorities in both private and public communication (articles 9, 10, 11, 13, 14, 15, 16 and 17). Particularly important is the third chapter of the law determining the right to preserve ethnic identity. Provisions related to the right to use minority language are problematic in this section, particularly the formulation of paragraph 2 of article 9 of the ‘Law on the Protection of Rights and Liberties of National Minorities’, which specifies only the Serbian language.

The right to use of the mother tongue applies not only in “private and public” communication, but also orally and in writing. This is not defined in article 10 of the ‘Law on the Protection of Rights and Liberties of National Minorities’. Provisions on official use of mother tongue and alphabet do not incorporate the respective provisions of the ‘Framework Convention’ (see article 11 of the law and article 10 of the ‘Framework Convention’).

The Statute of the APV determines the official use of languages of national minorities in the work of the bodies of the APV. Equal in official use with the Serbian language and Cyrillic alphabet are Hungarian, Croat, Slovak, Romanian and Ruthenian languages and their alphabets (article 6). The exercise of this right is more closely determined by the law on the official use of languages. Within the scope of its competencies, through bodies of the APV, specific issues of interest of the citizens of Voivodina are regulated in the following areas: the official use of languages and alphabets of nationalities (article 10, points 3 and 4); education (article 13) and information (article 15); the right of MPs to “use the language and alphabet whose official use is determined by the Statute” (article 26); and publishing the regulations adopted by Assembly of APV and Executive Council in national minorities’ languages (article 46, paragraph 3).

The ‘Law on Determining the Competencies of Autonomous Province of Voivodina’ orchestrates more closely the official use of languages and alphabets of national minorities living in Voivodina, including the monitoring of the implementation of this regulation (article 18).

The right to use of language is also guaranteed by the ‘Act of Proceedings of the Parliament of the Republic of Serbia’ (article 226), as well as by the ‘Act of Proceedings of Assembly of APV’ (articles 3, 4, 51 and 160).

The Statutes of municipalities in the territory of APV[49] also coordinate the official use of languages and alphabets in local communities as determined by law (see: table of municipal statutes).

Implementation

Croats

Official use of the Croat language in the APV has not been resolved yet. The exemption to this is the Subotica municipality.

Roma

Unfortunately for the Roma minority 15% of the local municipality population must speak a minority language in order for it to qualify for official status. Although the Roma minority is the second largest in the FRY (after Albanians) their geographical dispersion means these conditions are not met, and therefore their rights as determined by law cannot be enjoyed.

Both the draft constitutional act and the provisions of the statute of APV regulating the official use of languages and alphabets do not include Roma language. This should be considered as an act of discrimination. In schools and other public institutions in which instruction in the Roma is given signs and inscriptions in the Roma language are non-existent.

Recommendations

q Facilities for the Croat language should be improved through the establishment of a lectureship and office for translation.

q It is necessary to promote the Roma language as one of the official languages in Voivodina.

Article 10, paragraph 2

Normative Framework

(See Article 10, paragraph 1 of Alternative Report)

Implementation

Implementation of legal and statutory provisions regulating official use of minority languages (example of public inscriptions)

In order to get an insight into the implementation of municipal statutory provisions on the official use of languages, a field research survey has been conducted in 51 settlements within 24 municipalities in Voivodina (constituting more than one half of the total number of municipalities in the province[50]).

In the process of data collection in the respective municipalities the public inscriptions displayed on local institutions were taken into consideration. The local institutions surveyed included local self-governments, executive councils and their bodies, courts, public prosecution offices, police headquarters, public utilities companies, post offices, national bank offices, and the province’s and republic’s own institutions (if existent in the respective places). Also included in this sample were inscriptions displayed by local communities in chambers of commerce, education facilities, and other institutions located in the designated area. A total number of 639 institutions were included in the sample.

From the results of the survey, it may be noted that only in few municipalities public inscriptions are displayed in accordance with the law or as determined by the municipal statutory provisions, regardless of whether the institutions were of federal, republic or local relevance. Compared with street names, which are mainly written in the Latin alphabet, public inscriptions displayed in front of institutions are mainly written in Cyrillic. But some irregularities have also been noted. As determined by the law, all state institutions should have the inscriptions displayed in Serbian Cyrillic, the Latin alphabet (where regulated by municipal statutory provisions) and in minority languages in accordance with the municipal statutes.

Table 3 shows that out of the total number of 639 institutions included in the sample, 554 (87%) have inscriptions displayed in the Serbian Cyrillic alphabet and 179 (28%) are displayed by institutions in the Latin alphabet. The Latin alphabet is also used in public inscriptions in municipalities where this alphabet is not determined by statutory provisions, for example in Backa Topola, Backa Palanka, Kikinda, Novi Knezevac and other municipalities. However, this principle is applied in other municipalities without any recognizable criterion.

Table 3: Language of public signs and inscriptions

No.	Municipality	Type of settlement			Serbian		Hungarian	Slovak	Ruthenian	Romanian	Croat	Roma	No inscription
No.	Municipality	City	Village	Total	Cyrillic	Latin	Hungarian	Slovak	Ruthenian	Romanian	Croat	Roma	No inscription
1.	S. Mitrovica	26	8	34	32	3
2.	B. Topola	31	4	35	29	9	19	8	4
3.	S. Pazova	18	10	28	26	3		9					1
4.	Ruma	18		18	18
5.	Zrenjanin	25	14	39	23	17	11	3		3		1
6.	Kikinda	24	15	39	37	3	7
7.	Ada	19	7	26	17	7	23						1
8.	Bečej	16	7	23	23	1	19
9.	Pančevo	58	6	64	55	13	2	1		2
10	Vršac	7	7	14	14		2			2
11	Kovačica	7	3	10	9	3	3	3		3
12	Sombor	16	1	17	16	6	6
13	Apatin	8	4	12	12
14	Kula	7	9	16	16		8		9
15	Vrbas	12	6	18	18	6	11		11
16	Temerin	13	2	15	15	9	11		1
17	B. Palanka	26	5	31	31	9		17
18	N. Sad	62	19	81	71	26	9	8	7	3
19	B. Petrovac	15	4	19	15	4		15					1
20	Subotica	22	18	40	28	37	30				2		1
21	Šid	12		12	12	2		2	2
22	Kanjiža	19	2	21	16	13	17	1	1	1
23	N. Kneževac	18		18	16	2	10
24	Alibunar	9		9	5	6		2		5
	Total	492	147	639	554	179	188	61	35	19	2	1	4

It is evident that legal provisions for public inscriptions in minority languages are in most cases disregarded. In many municipalities in which the official use of minority languages is required by statute, most public inscriptions are not written in minority languages. Table 3 shows that this observation is valid for all municipalities, with only a few exceptions. More precisely, in some municipalities there are fewer institutions with no public inscription in minority languages as determined by the statute (Vrbas, Temerin, Subotica, Ada, and Becej)[51].

It may be noted that the statutory provision regulating the official use of minority languages has not been consistently implemented in any of the municipalities in which the official use of minority languages is regulated by the statute. A number of institutions do not implement consistently municipal regulations. Notably, many institutions (including employment offices, post offices, national bank offices, health care centers, etc) across the province of Voivodina have no public inscriptions (apart from Serbian ) displayed in minority languages.

The results in Table 3 show disrespect in almost all municipalities for the statutory provisions regulating the official use of languages. Novi Sad, as the capital city of APV is a good example; as determined by the statute, in official use are Serbian (Cyrillic and Latin), Hungarian, Slovak and Ruthenian but out of a total number of 81 institutions, only 9 have public inscriptions displayed in Hungarian, 8 in Slovak, 7 in Ruthenian and 3 in Romanian.

[See Table 4 on the following page]

From the field research results and data collected on the official use of languages and public inscriptions in minority languages, it is evident that practice differs from the regulations.

Recommendations

q Public inscriptions should be displayed in accordance with the regulations.

Article 10, paragraph 3

Article 11

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

2. The Parties undertake to recognize 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 endeavor 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.

Article 11, paragraph 1

Implementation

Does domestic legislation provide for the possibility for the individual to maintain or to change his or her surname (patronym) and / or firsts names, or to revert to a former surname (patronym) and /or first names.? If so, under which conditions?

According to the public poll (in the research survey) most adult citizens in Voivodina (53%) believe that names and surnames of persons belonging to a national minority should be written bilingually in public documents: both in Serbian and in their minority language. 13% of the citizens included in the sample believe that respective names and surnames should be written only in the minority language. Correspondingly, 30% of respondents believe that the names and surnames of persons belonging to national minorities should be written only in the Serbian language[52].

Article 11, paragraph 2

Article 11, paragraph 3

Implementation

For the purpose of this report data information was collected on the implementation of legal regulations concerning the official use of languages in: topographical names, street names, names of state institutions. The data presented in this survey was collected using a methodological approach[53]

Topographical names

The display of topographical names is regulated by the provisions of municipal statutes. 66 settlements across Voivodina were included in this sample; the results are shown in Table 5.

Table 5: Topographical names

No.	Settlement	Cyrillic	Latin alphabet	Hungarian	Slovak	Romanian	Ruthenian	No street names displayed
1.	Irig		1
2.	Ruma		1
3.	Voganj	1
4.	Šašinci		1
5.	Sremska Mitrovica		1
6.	Veliki Radinci		1
7.	Petrovaradin	1	1
8.	Zrenjanin	1	1
9.	Mihajlovo		1	1
10.	Lazarevo	1	1
11.	Melenci		1
12.	Bašaid		1
13.	Kikinda	1	1
14.	Iðoš	1	1
15.	Bački Jarak	1
16.	Temerin		1	*
17.	Bačko Gradište	1	1	1
18.	Bečej		1
19.	Bačko Petrovo Selo	1	1	1
20.	Mol	1	1	1
21.	Ada	1	1	*
22.	Kać	1	1
23.	Budisava	1		1
24.	Šajkaš	1
25.	Vilovo		1
26.	Titel	1	1
27.	Perlez	1	1
28.	Farkaždin	1	1
29.	Kovačica		1
30.	Crepaja	1	1
31.	Jabuka	1
32.	Glogonj		1
33.	Sefkerin		1
34.	Opovo		1
35.	Banatsko Novo Selo		1
36.	Sirig	1
37.	Srbobran		1
38.	Vrbas	1	1
39.	Kula	1	1	*
40.	Ruski Krstur	1	1				1
41.	Crvenka	1	1
42.	Bačko Dobro Polje	1	1
43.	Stepanovićevo	1	1
44.	Kisač	1			1
45.	Rumenka	1	1
46.	Novi Sad	1	1
47.	Veternik	1	1
48.	Futog	1	1
49.	Begeč	1	1
50.	Gložan	1	1		1
51.	Čelarevo	1
52.	Bačka Palanka	1
53.	Bački Petrovac	1	1		1
54.	Subotica	1	1	1
55.	Mala Bosna	1	1	1
56.	Tavankut		1
57.	Palić	1	1	1
58.	Kanjiža	1	1	1
59.	Hajdukovo	1	1	1
60.	Kanjiža	1	1	1
61.	Horgoš	1	1	1
62.	Stara Pazova	1	1
63.	Nova Pazova	1	1
64	Alibunar	1	1
65	Bajša							1
66.	Bačka Topola	1	1	1
	Total	47	56	13	3	0	1	1
[54]

Table 5 shows that of the total number of topographical names included in this sample 56 are written in Latin alphabet. The second most common are names in the Cyrillic alphabet with 47 instances. However, there are inconsistencies in the usage of the Cyrillic alphabet for topographical names due to legal provisions determining the official usage of the Serbo-Croat language and Cyrillic alphabet.

Out of the total number of topographical names included in the survey, 19 settlements do not have their names written in Cyrillic alphabet. Although the Latin alphabet is not officially recognized in municipalities it is more consistently used in topographical names.

Following the field research results and data collected on official use of languages and public inscriptions in minority languages, it is evident that the practice differs from regulations.

Hungarian language

13 topographical names are written in Hungarian. However, it has to be noted that there are settlements in Voivodina with topographical names written in Hungarian which are identical with the inscription in Serbian Latin alphabet;

§ The territory of Ada municipality is an example of where there are settlements with names written in Cyrillic and Hungarian (Mol) (the Hungarian and Serbian Latin inscriptions are written in an identical manner).

§ Hungarian and Serbian Latin inscriptions in Temerin and Kula municipalities are similarly identical.

The total number of topographical names in Hungarian is 16 (out of 66). These 16 settlements are located in the territory of 9 municipalities (Ada, Backa Topola, Becej, Zrenjanin, Kanjiza, Kula, Novi Sad, Subotica, and Temerin). This is an indication that the legal provision is not respected in as many as 7 municipalities in which the use of minority languages is guaranteed.

Slovak language

Three topographical names are written in Slovak and those are in Backi Petrovac, Glozan and Kisac (the settlements located in the territory of 2 municipalities out of the 10 included in the sample in which the official use of Slovak language is statutory). In 8 municipalities included in this sample and in which the official use of Slovak language is regulated, topographical names are not written in Slovak language.

Romanian language

Out of a total number of 66 names of settlements included in the sample none are written in Romanian, despite the 5 municipalities having legal provisions for this language.

Ruthenian language

Only one topographical name is written in Ruthenian and this belongs to the Ruski Krstur settlement in the Kula municipality.

Table 6: Linguistic combinations used in topographical names

Only Cyrillic	Only Latin.	Cyrillic and Latin.	Cyrillic and Hungarian	Latin. and Hungarian	Cyrillic, Latin. and Hungarian	Cyrillic and Slovak	Cyrillic, Latin. and Slovak	Cyrillic, Latin. and Ruthenian	Total No.
8	17	24	1	1	11	1	2	1	66

Most of the topographical names included in the sample are written in Serbian Cyrillic and Latin alphabets (24), followed by 17 settlements whose names are written in Serbian Latin alphabet only. Out of the total number of the sample, 11 topographical names are written in Serbian Cyrillic, Latin alphabet and Hungarian, 8 settlement names are written in Serbian Cyrillic only, 2 in Serbian Cyrillic, Latin and Slovak, while the following linguistic combinations are applied in only one topographical name: Cyrillic and Hungarian; Latin and Hungarian; Cyrillic and Slovak; Cyrillic, Latin and Ruthenian.

Street names

This sample includes street names in 49 settlements located in the territory of 23 municipalities and consists of 841 street names, of which 575 are in urban settlements and 276 in rural areas. Official use of Serbian is regulated by statute in only two municipalities in the sample. In 23 municipalities one or more minority languages are regulated by statute (Hungarian, Slovak, Romanian, and Ruthenian). The results indicate that the statutes are observed, but a number of deviations and inconsistencies have been observed in marking street names in both in Serbian and in minority languages.

Table 7: Street names

No.	Municipality	Type of settlement			Serbo-Croatian		Hungarian	Slovak	Ruthenian	Romanian	No street names
No.	Municipality	Total	City	Rural	Cyrillic	Latin
1.	S.Mitrovica	46	32	14	42						4
2.	B.Topola	12	7	5	7		6				5
3.	S.Pazova	42	21	21	9	20
4.	Ruma	11	11		6	4					1
5.	Zrenjanin	47	32	15	3	41					3
6.	Kikinda	27	16	11	27
7.	Ada	34	19	15	29	7	31
8.	Bečej	41	32	19	41		41
9.	Pančevo	71	43	28	4	66					1
10	Vršac	17	10	7	12	3					2
11.	Kovačica	22	10	12	12	10
12.	Sombor	31	22	9	8	23
13.	Apatin	30	18	12	2	28	11
14.	Kula	29	18	11	3	26	15
15.	Vrbas	12	10	2	1	10	9		9
16.	Temerin	27	19	8	8	19	19
17.	B.Palanka	27	18	9	3	24
18.	N.Sad	170	125	45	49	117
19.	B.Petrovac	21	16	5		9		11			1
20.	Subotica	59	35	24		59	4
21.	Šid	18	18		16	1					1
22.	Kanjiža	27	23	4	17	10	17
23.	N.Kneževac	20	20		20	2	17
	Total	841	575	276	319	479	170	11	9	0	18

Most of the streets included in the sample are marked in Serbian Latin alphabet: 479 in total (more than one half of the sample). In as many as 4 out of twelve municipalities included in the survey in which the official use of Serbian Latin alphabet is granted, street names are not displayed in this alphabet.

The second largest group are street names written in Serbian Cyrillic alphabet (319 streets). In two municipalities none of the streets are marked in Serbian Cyrillic (Backi Petrovac, Subotica), while in Backi Petrovac municipality more than one half of street names are not written in Serbian. Considering the legal provisions regulating the official use of Serbian Cyrillic alphabet the analysis shows that almost two thirds of street names included in the sample are not written in accordance with the rule.

In conclusion it may be noted that the practice of marking the street names differs from the legal code regulating the official use of Serbian Cyrillic alphabet. The Serbian Latin alphabet is much more commonly used than the Serbian Cyrillic alphabet in Voivodina.

Hungarian language

164 street names (in 9 municipalities[55]) included in this survey are written in Hungarian. In one of these municipalities (Apatin) in which the official use of Hungarian is not regulated by the statute, the street names are nevertheless written in this language. Conversely there are municipalities included in this sample in which the legal provision on the official use of Hungarian exists, but no street names in settlements in the territory of 8 municipalities are written in Hungarian. These municipalities are: Sombor, Kikinda Kovacica, Vrsac, Novi Sad and Zrenjanin. One particular example is the Backa Topola municipality where there are two settlements inhabited by Hungarian minority (Backa Topola and Bajsa); in Backa Topola most of the streets are written in both Serbian and Hungarian, but in Bajsa no street names are written in Hungarian. (In fact in this municipality most streets are totally unmarked (no street names displayed), and in the Bajsa settlement no inscription with the name of the settlement was found).

Slovak language

Although there are 5 municipalities in which the Slovak language is in official use, only one was found in which the street names were written in Slovak (Backi Petrovac). However, in this municipality the street names are written in either Slovak or the Serbian Latin alphabet. In the Kulpin settlement near Backi Petrovac there are no street names displayed (names are written on house number plates only). In Backi Petrovac there are a significant number of streets with no names displayed. In Backa Palanka, Backa Topola, Kovacica, Zrenjanin, Stara Pazova, Sid and Novi Sad (municipalities in which the official use of Slovak is granted by the statute) no street names written in this language were found.

Ruthenian language

Street names written in Ruthenian exist only in Vrbas municipality. According to the results of this survey it may be noted that street names of this municipality are consistently written in accordance with the statute, with the exception of the use of Serbian Cyrillic alphabet. Three languages are in official use in this municipality (Serbian, Hungarian and Ruthenian) and most of the street names are written in all three languages. Ruthenian is in official use in an additional 4 municipalities included in this survey (Kula, Novi Sad, Backa Topola and Sid), but no street name written in Ruthenian was found.

Romanian

In the five municipalities included in the sample in which the official use of Romanian language is regulated by the statute no street names are written in Romanian.

Table 8: Methods of displaying street names in municipalities in which the official use of minority languages is regulated

	Municipality	Cyrillic Latin alph.	Cyrillic	Latin alph.	Latin alph. Hungarian	Cyrillic Hungarian	Hungarian	Latin alph Ruthenian Hungarian	Slovak
1	B.Topola	3			4	6
2	Ada				4	26	1
3	Bečej					41
4	Apatin		2	16	12
5	Kula		3	12	14	1
6	Vrbas		1	2				9
7	Temerin		8		19
8	B.Petrovac			9					11
9	Subotica			55	4
10	Kanjiža			5	5	17
11	N.Kneževac	2	1		17
	Total	5	15	99	79	91	1	9	11

The results of this survey indicate a remarkable inconsistency in the marking of street names. Regulations in effect determine the obligation of respective inscriptions to be written in Serbian Cyrillic alphabet, and also in Serbian Latin alphabet in municipalities in which the official use of Latin alphabet is regulated by the statute..

However, according to the findings of this survey it is evident that numerous irregularities are prevalent. Deviations are evident in the implementation of the legal provisions concerning the official use of minority languages. Out of 16 municipalities in which the use of Hungarian language is regulated by the statute, 8 municipalities do not have appropriate signs and inconsistent in their method of displaying street names. The rule is more consistently applied in settlements where Hungarian minority constitutes the majority population.

However, other national minorities do not receive similar consideration. Slovak is applied in a somewhat more consistent manner in street names in Backi Petrovac (although inconsistency is noted in application of both Serbian and Slovak languages). Ruthenian language is only consistently applied in street names in Vrbas and Kula municipalities (known for their higher concentration of Ruhenians). There are no street names in municipalities with a Romanian minority in the Romanian language.

Croats

In the early 1990s Croats in Voivodina frequently witnessed changes of streets’ names and elementary schools’ names. In the Slankamen settlement (inhabited by Croats for several centuries) no street bears the name of any historically significant Croat person (formerly, streets had been named after famous Croats: Strosmajer, Gajeva, Matije Gupca, Petra Zrnjiskog). Inscriptions are mostly written in the Serbian Cyrillic alphabet and are named after historically important Serbs (Vojvoda Misic, Solunska, Vuka Karadic, and Dositej Obradovic).

Roma

No public street signs and topographical names in settlements with a Roma majority are displayed in the Roma language.

On the contrary, sporadic incidents involving the removal of the inscriptions in the Roma language displayed by the Roma NGOs have been reported.

Recommendations

q Establish a policy of naming the streets in accordance with local cultural heritage.

Article 12

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 the majority.

2. In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts and 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.

Article 12, paragraph 1

Article 12, paragraph 2

Normative Framework

As determined by ‘The Law on the Protection of Rights and Liberties of National Minorities’ (article 14, paragraph 3), the state is responsible for providing professional assistance in teacher training for instruction in the mother tongue of national minorities, whereas paragraph 4 of the same article determines the responsibility of the state to foster international co-operation with the aim of enabling members belonging to national minorities to study at the universities in their kin states and to recognize their certificates acquired there.

Implementation

The curriculum used in elementary, grammar and vocational school for children aged up to 7 is only available in Serbian. In this way, educators and teachers belonging to national minorities are on an unequal footing with Serbian teacher, as they have to make an additional effort to translating the teaching materials.

Teachers

There is a lack of professionally educated teachers in elementary schools where instruction is solely made in minority languages[56]. The data collected indicates that the communities’ worst off in this respect are the Slovak, Romanian and Ruthenian minorities.

The most evident shortage of professional teachers is in the subjects of English language, technical subjects, music, biology, chemistry, physics and mathematics. It is also important to note that in a number of village schools the same problem exists for instruction in the Serbian language.

In most cases however, teachers teach subjects in which they hold no qualifications; this is particularly true for the Romanian, Slovaks and Hungarian minorities. There are significantly less undergraduate teachers using the Slovak and Hungarian languages, and of teachers teaching in the Hungarian language many are due to retire. Similarly a number of teachers in the Solvak language will retire shortly.

Instruction in the mother tongue of national minorities is almost completely made by professional teachers.

However, there is a shortage of special needs teachers in schools in which instruction is held in Hungarian and Slovak, and none in schools with using the Romanian and Ruthenian languages.

The highest number of unqualified teachers has been reported in secondary schools using the Hungarian language. This is partly due to the fact that they are the most numerous ones. The highest deficit is in teaching of Mathematics and English.

Compared to elementary schools, in which most teachers teach subjects other than those they are qualified for, in secondary schools mainly undergraduate students hold instruction (this is particularly the case in the Hungarian language). In some cases, classes are held by physicians, engineers and college certificate holders.

In most of schools there is an evident lack of pedagogues and psychologists. In 14 schools included in the survey, where both pedagogues and psychologist are employed, there is only a pedagogue in 10 schools, and only one school has one psychologist.

There are much more pedagogues employed than psychologists (24:15). Only one half of pedagogues know the language of national minority, whereas only one third of psychologists know the language of national minority. The fact that pedagogues are more numerous and are more likely to know the language of national minorities than the psychologists is closely related to the better training they received in languages of national minorities at teacher training colleges, as well as the fact that more attractive possibilities of employment exist for psychologists out of education system.

Croats

As the Croat community has just recently been recognized as a national minority, they do not have qualified teachers.

Roma

Over the past 5 years approximately ten Roma teachers completed their training, but the majority completed only elementary education with have a poor knowledge of the Roma language. As of this year they are obliged to have at least completed secondary education and have a good command of the Roma language. The teacher-training program intended for the Roma has been conducted by Center for Interactive Pedagogy (CIP), and the successful students receive teacher training certificates.

Textbooks

As determined by the LDCAPV[57], the APV is required to adopt education programs in national minorities’ languages for elementary and secondary education; to approve the textbooks; and, in agreement with the Ministry of Education (of RS) to adopt educational programs in particular subjects and approve textbooks.

These are the responsibilities of the APV ‘Secretary for Education and Culture’, who over the past year has agreed contracts for the design of education programs for national minorities with their respective pedagogical associations.

A curriculum for instruction in Croat has been adopted and publicized, but the accompanying textbooks have not been prepared.

The approval of textbooks published in the kin states of national minorities is still a responsibility of the Minister of Education, whilst the existing ones in usage are translated from Serbian textbooks.

Official textbooks published by the ‘Institute for Publishing Textbooks’ are being used for minority language instruction in Voivodina. However, textbooks for learning minority languages and national culture (for higher grades) are still non-existent (thus requiring the additional efforts of teachers to combine and adjust curriculum, use other books and dictate texts).

The minority language textbooks of the ‘Institute for Publishing Textbooks’ are used in grammar schools. A specific problem is the lack of the textbooks in secondary vocational schools (particularly in the Hungarian language). One of the reasons for this is the small number of textbooks in circulation. In the absence of textbooks, teachers give out notes, dictate the texts, and use photocopies of textbooks printed in Hungary.

A research survey has been conducted to get an insight into how the curriculum treats the issue of minorities in textbooks provided on History, Literature, Art and Music culture which are intended for Hungarian, Romanian, Slovak and Ruthenian minorities in Voivodina. Analysis of the textbooks in use has shown that the literature of each national minority is published in their mother tongue and written by the authors belonging to the national minorities. Textbooks in History, Music culture and Art are translated from Serbian books. The national history of minority groups, including national minority related achievements in Music and Art, are inadequately represented or totally omitted.

Mother tongue and literature

Textbooks in mother tongues and national minority literature are prepared and printed separately for each national minority. Consequently courses concerned with the language and literature of the minority group predominate in the curriculum. This is most prevalent in the instruction of Hungarian language and literature which makes up between 62.8% and 97.0% of the content of elementary school; in secondary school textbooks the proportion is 75.0% to 88.5%.

The amount devoted to Slovak language and culture in textbooks is somewhat lower in elementary schools (ranging from 58.7% - 79.2%), and in secondary schools (65.3% - 74.0%).

Least represented in secondary school textbook are Romanian and Ruthenian language and literature. In elementary schools the amount devoted to the Ruthenian language is 63.3% to 70.6%, but in secondary school this figure drops to 14.3% to 50.0%. The proportion of textbooks devoted to Romanian language and literature in elementary school textbooks is approximately at the same level (61.1% - 80.0%). Romanian language and literature textbooks for the third grade of secondary school contain less national related content (46.7%). Textbooks for other grades are not in use since they are outdated and hence not included in the survey.

History

All History textbooks for elementary and secondary schools are a translation of textbooks in Serbian. National related history contents are either completely non-existent or represented in extremely limited number of instruction units – in the Romanian, Ruthenian and Slovak languages only one or two instruction units are mentioned, but only for some of the grades (e.g. in Slovak: three units for the 6th grade textbook). One exception is the history textbook in Hungarian for the 5th to 8th grade of elementary school, where their national history contents makes up between 4.4% and 13.5% of the textbook.

Art

Art textbooks for elementary and secondary schools in Hungarian, Slovak, Romanian and Ruthenian languages are translated from Serbian books. National minority achievements in art are either omitted or present in only few symbolic instruction units.

Ruthenian and Romanian textbooks on their national art are completely omitted; in the Slovak language there exists just one instruction unit for all grades of elementary school and only Hungarian language textbooks for elementary and secondary schools contain references to Hungarian authors and artists.

Music

Music textbooks are translated from Serbian, but include a substantial number of references to national minorities.

Secondary school textbooks in Romanian are non-existent and only a Serbian language book is in use. In the textbooks for the 7th and 8th grade of elementary school no relevant instruction unit on Romanian music exists, while in the 6th and 5th grade textbook the amount devoted to Romanian music is 18.2% and 20.3% respectively.

Music textbooks for Slovak minorities in grammar and secondary vocational schools are translated from Serbian books with no reference whatsoever to Slovak music and art. The proportion of respective instruction units in elementary school textbooks ranges from 16.7% (8th grade), to 66.7% (3rd grade).

In elementary schools textbooks in Hungarian language dealing with their national music make up approximately 60% of the total number of instruction units. Music textbook for secondary schools in Hungarian are a translation of Serbian books. In grammar school music is taught in the 1st and 2nd grade, but only one text book is used in both grades.

Croats

Textbooks in the Croat language do not exist. However, initial steps have been made to remedy this. As an exception compared with other minority groups, current textbooks for the 1st grade of elementary school are imported from Croatia.

Roma

In 2000 the first elementary textbook was published and a related workbook in 2001. Two additional books have been published during 2002: a selection of literature works for the 2nd and 3rd grades of elementary school.

Co-operation between teachers and pupils of different ethnic communities

Only one in six schools cooperation between teachers and pupils of different national communities has been reported. These are most often in forms of joint school cultural programs, sport and other contests during which the program is held in more than one language.

Examples:

§ In the Senta municipality secondary medical school, pupils of Hungarian and Serb ethnic background organized a prom together as well as excursions and voluntary work.

§ In the Aradac settlement a competition was organized in the Serbian language, the non-mother tongue for Slovak pupils and other national communities.

§ An elementary school in Lug settlement has had a 15 year long tradition of co-operation with a school in Donji Katun in central Serbia, including yearly exchange programs of visits. The same settlement is the host of a spring race for the children living in 13 surrounding villages, including Slovak pupils. In this and some other places as well it has been reported that co-operation with other minority groups does not exist because there are no minorities in the surrounding area.

§ An elementary school in Kovacica municipality is sometimes visited by children from Slovakia and Romania. As reported, two years ago the cultural program “Brotherly dance” disappeared; the program used to bring together different children in folk dance clubs, art and sport groups, including participation of different minority groups from the surrounding area (Uzdin – Romanians, Debeljaca – Hungarians, Ruthenians). The program had been financially supported by the Republic, Autonomous Province and local donors, but it was brought to an end due to the lack of financial resources.

§ With similar intentions, the School center in Ruski Krstur wanted to re-establish the tradition of organizing the “Brotherly Dance” cultural program that used to gather more than 15 schools across former Yugoslavia.

§ A technical secondary school “Lazar Nesic” in Subotica has established international co-operation with Slovenia, Ukraine, Slovakia, Hungary and Romania within a wider program of interethnic cooperation: “Communication between cultures and schools of Karpat region”

Contacts and co-operation between teachers and pupils of different ethnic backgrounds (including relations between minorities with the majority community, and with kin states) do exist. However they are not particularly extensive.

§ One interesting example is the case of teacher of mathematics in Susek settlement, who is of Serbian ethnic identity and uses a (self-made) Slovak-Serb dictionary to help pupils understand better basic mathematical notions in both languages.

§ As compared with schools which are faced with expensive transportation bills for their students, there are examples of local governments covering these costs (for example, Bingula and Ljuba villages to Erdevik). At the same time the school in Erdevik provides financial support for teachers commuting from nearby municipalities, Sremska Mitrovica and Sid, and provides a scholarship for a Slovak language teacher working in three schools to enable him to complete his university education.

Recommendations

q To invest efforts aimed at the establishment and strengthening of education institutions.

q To provide scholarships for teaching personnel and to facilitate additional training in kin states.

q To provide conditions for visiting lecturers from kin states of national minorities to hold lectures.

q To create education programs that would enable a comprehensive understanding of all the historic specificities of national communities and consisting of education materials enabling communication between majority and minorities and among the minorities themselves.

q To create conditions for the education of Roma teachers.

q To organize special seminars intended for non-Roma teachers to hold instruction on Roma culture, history and language.

q To include Roma teachers in commissions for categorization of children for enrolment in schools.

q To revise the testing system of children with special needs, because of frequent enrollment of Roma children in the so called schools for children with special needs.

q To organize courses for special needs teachers.

q To enable the import of textbooks, workbooks, language games from kin states of national minorities.

q To adapt textbooks in History, Music and Art to the new curricula and education programs containing more units of national content.

q To provide textbooks free of charge, transportation and meals for the children of Roma families in need.

q To organize classes in some subjects so as to enable pupils of different ethnic identity to attend them in order to decrease distance between them.

Article 12, paragraph 3

Article 13

1. Within the framework of their education systems, the Parties shall recognize that persons belonging to national minority have the right to set up and manage their own private educational and training establishments.

2. The exercise of this right shall not entail any financial obligation for the Parties.

Article 13, paragraph 1

Normative Framework

The right to the establishment and maintenance of private educational institutions, schools and universities in which instruction is in either minority languages or is bilingual, is determined by ‘The Law on the Protection of Rights and Liberties of National Minorities’ (article 15).

As determined by the Law on secondary education, and the Law on college and university education respectively, the right to establish educational institutions is granted to municipalities, provinces and republic and individuals.

However, as determined by the law on elementary education, this legal possibility does not exist: individuals may not establish an elementary school, while the exclusive right to establish elementary schools is granted only to the government of RS. The law on self-government regulates this right of municipalities.

Article 13, paragraph 2

Article 14

1. The Parties undertake to recognize 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 endeavor to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities 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 or teaching in this language.

Article 14, paragraph 1

Normative Framework

As determined by article 46, paragraph 1 of the ‘Constitution of FRY’, persons belonging to national minorities have the right to education in their mother tongue in accordance with the law.

Persons belonging to national minorities receiving instruction in Serbian language, as determined by article 5, paragraph 5 of the ‘Law on Elementary Education’ and article 5, paragraph 5 of the ‘Law on Secondary Education’ are entitled to be taught in their mother tongue (including elements of national culture). Over the past year both the number of pupils and schools has increased in which instruction in mother tongue is provided by law.

Implementation

Interviews with parents at the beginning of school year

According the statements given by school principals, secretaries, pedagogues, psychologists, teachers, in all the schools visited, the legal obligation to interview the parents at the beginning of each school year in order to enroll their children for the instruction in mother tongue or to learn their mother tongue (with elements of national culture) is fulfilled. Exceptions were grammar schools in which the instruction is held in Slovak (Kovacica, Backi Petrovac) and the Ruthenian language (Ruski Krstur). In these schools the interviews were not organized because the pupils themselves decide on the language of instruction and because instruction in all subjects is traditionally held in mother tongue.

Instruction of mother tongue with elements of national culture

Analysis of education system organization in elementary schools in which the instruction is held in one or two languages, with or without teaching in the mother tongue, show that the Hungarian and Romanian minorities rarely take up instruction in their mother tongues with elements of national culture, while the Slovak minority frequently does so. This may be explained by the fact that Hungarian and Romanian minorities live in concentrated areas, while Slovaks communities are dispersed.

In all the schools visited, the instruction for all national minorities is mainly held in two languages without learning the mother tongue with elements of national culture (the exception to this is the secondary civil engineering school “18 novembar” Subotica, in which additional teaching of mother tongue is organized).

In secondary education Hungarian minority pupils mainly attend these classes in secondary vocational schools, while Slovak, Romanian and Ruthenian pupils attend classes in their mother tongue mainly in grammar schools. This is understandable considering the fact that Hungarian community is the most sizeable and has the most professional teachers.

Due to a limited number of classes weekly, teachers of minority languages with elements of national culture usually have to work in several schools and in different settlements (Slovaks).

Roma

Optional instruction in the Roma language with elements of national culture was introduced in two elementary schools in one municipality in 1997/98. In the course of the school year 2001/02 instruction in the Roma language was attended by 240 pupils in 5 municipalities, while during the school year 2002/03, it was organized in 14 municipalities for 46 classes, engaging 16 teachers and 570 pupils.

Recommendations

q Respective state bodies should motivate the pupils to learn their mother tongue with the following methods: textbooks free of charge, excursions and summer camps in kin states, grades to be calculated on the average performance of the pupils.

q To create conditions for establishment of comprehensive education in Croat language at all levels of education process.

Article 14, paragraph 2

Normative Framework

Persons belonging to national minorities are granted the right to education in their mother tongue as determined by article 46, paragraph 1 of the ‘Constitution of FRY’ in accordance with the law and ‘Constitution of RS’, provided by article 32 paragraph 4 and article 12.

As determined by Statute of APV (article 13), autonomous provinces shall undertake the responsibility for the education of persons belonging to national minorities in their mother tongue in accordance with the law.

Despite clear provisions of both constitutional acts to legally arrange conditions for education in mother tongue, the Republic of Serbia having passed the ‘Law on the Social Care Of Children’, ‘Law on Higher Education’ and the ‘Law on Universities’ (second ranking legal acts after the constitution) did not respect the constitutional provisions; the ‘Law on the Social Care Of Children’ delegated the responsibility of prescribing the conditions for implementation of education programs in national minority languages to the Minister of Education.

As determined by the ‘Law on Higher Education’ and the ‘Law on Universities’ conditions for realization of constitutional rights have not been created. As provided in article 4 of the ‘Law on Higher Education’ and article 23 of the ‘Law on Universities’, education in national minorities’ languages is treated as equal with education in any foreign languages. Instruction in minority languages in higher education institutions depend on an estimation provided by the Government of RS, while at university level this depends on an assessment provided by the faculty and agreement by the Government of RS.

As determined by the ‘Law on Elementary Education’[58] (article 5, point 1) instruction may be held in minority language or bilingually, if at least 15 pupils enroll in the first grade. As provided in paragraph 2 of the same article, instruction in minority language may be organized for a lesser number of pupils only upon agreement issued by Minister of Education.

Although the ‘Law on Elementary Education’ provides a possibility to form combined classes composed of 1st to 4th grade pupils, this provision refers only to classes with instruction in Serbian. Formation of combined classes with instruction in minority languages is subject to the prior consent of Minister of Education. This normative arrangement is in violation of article 20 of the ‘Constitution of FRY’ which guarantees equality of all citizens and equality before the law regardless of their national identity, and it is also in violation of article 13 of the ‘Constitution of RS’ which provides the same guarantees.

In areas in which national minorities do not constitute a majority population, instruction from 1st to 4th grade is provided in either separate or combined classes. It is the responsibility of schools to ensure that lower grade classes which have had instruction in their mother tongue continue to learn their mother tongue as a basic subject (4 and 5 classes weekly) from 5th to 8th grade, and not to introduce Serbian as a basic subject. Elementary schools may introduce Serbian as a basic subject if they are unable to provide conditions for teaching the mother tongue in the 5th to 8th grades, but only upon written request of the students’ parents.

As determined by the ‘Law on Secondary Education’[59] in article 5 paragraph 2, a necessary precondition for exercising the right to education in other tongues involves the enrollment in the 1st grade of elementary school of at least 15 pupils who declare themselves as persons belonging to a national minority. According to the law, there exists a possibility to form a class in minority language for a lesser number of pupils based upon a prior consent of the Minister of education. Such a legal solution is a restrictive element and limits the right of persons belonging to national minorities to education in mother tongue because the right to choose the language of instruction at secondary level should precede the procedures involved in the formation of classes.

Over the past year a coherent set of affirmative measures have been implemented in order to improve the status of national minorities in the sphere of education:

As determined by the ‘Law on the Protection of Rights and Liberties of National Minorities’, the APV may regulate issues related to the rights of national minorities that had existed before 1992 (article 13 of ‘Statute of APV’), and in this way bodies of APV are authorized to provide conditions for the education of national minorities in their mother tongue in accordance with the law. As determined by the ‘Law on the Protection of Rights and Liberties of National Minorities’ (article 13, paragraph 7), in areas where the minority language is in official use, there exists a possibility of introducing the teaching of minority languages in education facilities where the instruction is in Serbian. In practice, a possibility is provided for pupils who are not of minority identity to attend classes of minority language. The provisions of article 13 of the ‘Law on the Protection of Rights and Liberties of National Minorities’ regulating education in mother tongue do not include the provisions of the article 12, paragraph 2 and 3 of the ‘Framework Convention’. In this case, only Serbian is mentioned as obligatory in the education process (article 13, paragraph 4). Numerous provisions concerning the responsibilities of republics are regulated by this law, which indicates either an insufficient knowledge of the problem or a lack of insincerity of the legislator. Article 13, paragraph 3 of the ‘Law on the Protection of Rights and Liberties of National Minorities’ envisages minimum requirements for education in minority languages; this may be lower than the legally prescribed limit.

LDCAPV envisages a possibility of lowering the limit of 15 pupils as being a responsibility of the autonomous province’s bodies. The APV Secretariat for education and culture enjoys this right.

As determined by the ‘Law on Secondary Education’[60] (article 42, paragraph 3) a possibility is provided for persons belonging to national minorities to sit for entry exams in the language in which they completed their elementary education; and as determined by the decision of Assembly of APV, on passing the qualification exams for higher and university education in minority languages[61] the right to sit for entry exams at faculties in a language of secondary school instruction.

Implementation

Language of instruction for minority classes in elementary schools

Results of the analysis on the language of instruction in minority classes in the schools included in the survey and in which all subjects are taught in the mother tongue show that conditions for instruction in Romanian and Slovak are more favorable than in Hungarian (in their case there are more schools with the instruction of one or more subjects in the Serbian language).

However, this particular finding needs to be examined more closely. Instruction in Hungarian is not held in physical education, art, technical education, English, German (as foreign languages), while the instruction of subjects of crucial importance for the continuation of vocational education (mathematics, physics, biology and history) in the schools included in survey is mainly held in Hungarian. The instruction in Slovak in these subjects lacks one or two professional teachers (with the exception of instruction in German).

There are examples of teaching in the mother tongue only in a couple of subjects: three subjects in the Slovak minority school in Aradac and four subjects in the Ruthenian school in Kucura settlement and the Hungarian school in Kikinda.

§ Positive examples of education designed to cherish national culture are the elementary school in Vrbas, which organizes the classes of Ruthenian language and whose pupils are actively involved in drama, literature, folk dance and cultural programs of Ruthenian/Ukrainian Association (“Karpats”), and the School Center in Ruski Krstur the tradition host of the festival “Red Rose”. This school is also trying to re-establish the museum.

§ After their official recognition as a national minority the Croat minority has established three classes in three elementary schools (Tavankut, Djurdjin, and Subotica) with the instruction in Croat.

Continuation of education

To a great extent the continuation of education in minority languages depends on whether the minority community lives in a concentrated area or is dispersed. Depending on this condition, the network of education facilities is established for continuation of education in minority languages.

§ Following reports from schools visited in the Vrsac municipality and Alibunar, higher grades of elementary school and grammar school are attended by Romanian pupils who had completed a previous level of education in mother tongue in the surrounding settlements. A similar situation is found in the Kovacica and Backi Petrovac municipalities in case of Slovak pupils, and in Kucura and Ruski Krstur settlements in the case of Ruthenian pupils. However, the aforementioned minority communities express lower levels of interest in the continuation of education in their mother tongues even when adequate conditions exist (school centers and dormitories). A particular problem for school children and parents, as well for the schools organizing instruction in minority languages, is the cost and availability of transportation.

§ In Novi Sad and Zrenjanin municipalities there are no school buses. The implementation of an act regulating transportation between different municipalities has increased the price of tickets elsewhere. Complaints about the high cost of transport have been made by parents of Slovak children from the Kisac settlement (monthly ticket from Kisac to Novi Sad amounts to 500 Din. and to a closer Backi Petrovac it is 1500 Din).

§ The Hungarian minority has a more dispersed network of school facilities, which being differentiated at secondary level, enables students to continue education in their language in grammar schools and secondary vocational schools (Ada, Senta, Subotica, Kanjiza, Zrenjanin, Novi Sad). As reported, in Kanjiza, Senta, Subotica municipalities there is an increasing tendency of continuing secondary education in neighboring Hungary, particularly in the Seged municipality.

Interest in learning mother tongue

In most of the schools included in this survey the interviewees did not answer the question related to their interest in learning their mother tongue. Only in two schools did respondents state that interest in education in minority languages high (the elementary schools with Slovak instruction in the Kovacica and Padina settlements). No respondents in the schools surveyed stated that their interest in learning their mother tongue had increased compared with previous years; the same level of interest was shown in five schools, and a decreased level of interest expressed in 16 schools. In areas in which minority communities constitute the majority population, interest in learning mother tongue has been mainly preserved (with only a small decrease). Where minority communities do not constitute majority population the number of pupils attending instruction in minority language has decreased, resulting even in abolishment of classes respectively (Banatska Topola settlement). In these areas, pupils have opted out of education in their mother tongue with elements of national culture.

Most frequently mentioned reasons for decrease in interest are:

§ emigration (among Hungarians), and temporary working abroad (Romanians)

§ fewer number of pupils mainly because of decreased birth rate

§ ethnically mixed marriages and children attending classes only in Serbian

§ decision made by parents and pupils to attend instruction in Serbian to enable the continuation of their education and therefore better chances of employment. Until last year entry exams for enrolment in secondary schools and faculties had not been organized in national minorities’ languages.

In addition to the above reasons there are reasons directly related to the setup of the education system and instruction in minority languages;

§ There is a lack of professional teachers, outdated textbooks, and a lack of school equipment

§ In areas where national minorities do not constitute the majority of local population, instruction in mother tongue in all subjects is held only at lower grades of elementary school from 4th to 8th grade, while from 5th to 8th grade it is reduced to instruction in the mother tongue combined with elements of national culture. In addition, instead of the usual obligatory five to four classes only two classes are held weekly. A further reduction in the number of lessons is evident in the combined 1st to 4th grade classes. Unfortunately this is the only remaining method of instruction for the drastically reduced number of pupils attending these classes.

§ The final grade in given in the minority language (national culture) classes is not included in the students overall final mark and there is therefore a lack of incentive to learn. Some parents do not wish to additionally burden their children with the optional learning of minority languages; a number of pupils often opt out of minority languages to concentrate on learning more useful subjects, like computer science or foreign language.

§ Parents do not wish their children to learn in small groups identified as minority groups and therefore choose classes in Serbian language (this is the case in the elementary school “Sonja Marinkovic” in Novi Sad).

Extreme examples of the aforementioned tendency are:

§ The elementary schools “Sonja Marinkovic” (Subotica municipality) and “Miroslav Antic” (Palic settlement) previously had twice the number of pupils attending instruction in Hungarian compared with the present situation.

§ The elementary school “Bratstvo i Jedinstvo” in Banatska Topola will abolish instruction in Hungarian in the next school year due to an insufficient number of pupils.

§ The elementary school “Veljko Petrovic” in Begec settlement has a decreasing number of pupils attending instruction in Slovak, although formerly this instruction had been organized from 1st to 8th grade; similar situation has been reported in elementary schools in settlements in Futog, Veternik and Sremska Kamenica.

Roma

Unlike the other minority language groups the number of Roma pupils attending classes in their mother tongue with elements of national culture has dramatically increased. However, it is necessary to note that this is the only form of education in Roma language.

The ‘Foundation for an Open Society’ has provided scholarships for Roma students and this resulted in a total number of 70 Roma students in Voivodina. In total, 39 Roma students enrolled at Novi Sad University in the 2002/2003 academic year.

Language of instruction at the level of secondary education

Secondary education in Hungarian compared with instruction in Slovak, Romanian and Ruthenian languages covers a wider range of subjects.

Slovak grammar schools in the Kovacica and Backi Petrovac municipalities, in Hungarian instruction in the Zrenjanin municipality and Ruthenian instruction in Ruski Krstur are faced with numerous problems organizing classes in their minority languages. In a number of schools in Hungarian, it is not only due to a lack of human resources but also due to low teacher’s salaries. Low salaries are a common problem in Voivodina, but the consequences are even more evident when minority communities are concerned.

Designing education programs and curricula

Teams of experts appointed at the initiative of the Secretariat for education and culture of the APV have been engaged in designing respective curricula. They were free to create curricula to meet the needs and interests of pupils aimed at cherishing their national identity. The outcome of their work was a design of a history textbook in the Ruthenian language for 8th graders at elementary school which will be used as in the following school year.

Teams of experts for textbooks in Slovak introduced remarkable changes in programs concerning the Slovak language and literature, history and music. In progress are activities related with the contents of fine arts. So far, only the textbook in history for the 8th grade of elementary school has been published; additional brochures will be issued for music.

So far, new education programs in Romanian language have been created for the Romanian language and culture for elementary schools, grammar schools and secondary vocational schools.

Teams of experts designing education programs in Hungarian have almost succeeded in creating an appropriate history textbook. The history textbook for 8th graders is a translation of a textbook in Serbian, which includes supplementary chapters on the history of national minority. It will be published in the course of next school year. In progress are preparations of curricula for the Hungarian language and literature. The expert teams enjoy full independence in designing the programs, curricula and textbooks in minority languages for this subject.

A team of experts at federal level has been established for designing education programs for the Roma minority, but it has encountered difficulties in functioning due to internal conflicts within this community.

Difficulties in realization of quality instruction in minority languages

According to the statements made by interviewees included in this survey, the following difficulties related with the realization of quality instruction in minority languages were indicated:

§ Textbooks and other teaching aids have not yet been adjusted to the needs of quality instruction in minority languages (outdated education program contents, inadequate translation, insufficient proportion (or total lack) of national minority related lessons and a lack of textbooks for special schools in Hungarian).

§ A lack of professional teaching personnel with sufficient qualifications

§ According the responses of Hungarian teachers from a number of schools (Ada, Senta, Palic), it has been noted that pupils of Hungarian background have a poorer command of Serbian than in the previous years; this is particularly the case in settlements where the Hungarian minority constitutes a majority in the local population. Outdated textbooks for learning Serbian as a foreign language and insufficient professional training and a decreasing motivation among pupils to learn Serbian (increasing number TV channels in Hungarian via cable and satellite, possibilities of employment in Hungary) have been indicated as the main reasons.

§ According to reports from a number of schools with instruction in Serbian and Hungarian an ethnic distance between pupils of Serbian and Hungarian ethnic background is present; fortunately this has not resulted in significant tensions or physical violence, but solely in verbal ethnic conflicts.

§ Instruction in the Slovak language is characterized by a decrease in quality of teaching, poor equipment (as a drastic example of this are schools in Lug and Kisac settlements with no drinking water supply), and transportation problems for p both students and teachers.

§ Similarly Romanian and Ruthenian minority communities emphasize the problem of poor equipment in schools lacking teaching aids and a decreased motivation of pupils to continue education in their mother tongue

§ Specific problem exists for the displaced Roma people of Kosovo who cannot speak Serbian and therefore are not able to attend school regularly. In addition, a majority of these children have never attended school hope to return to Kosovo so that they enroll to the first grade of elementary school at the age of 7 to 10 (Elementary School “Jozef Atila” in Novi Sad). Novi Sad Humanitarian Center and a Dutch foundation have provided free textbooks, food, transportation and excursions for a group of 32 Ashkalia Roma children attending this elementary school in Novi Sad. As reported, increasing ethnic exclusion of Roma children has been noted.

Recommendations

q Wherever a wide dispersion of pupils belonging to national minorities is evident, it is necessary to introduce local or intercity school buses.

q It is necessary to re-establish the lectureships of national minorities at some faculties.

q To change radically the curricula at all levels of education

q To implement consistently the legal provisions on compulsory education before the age of 15.

q To educate Roma parents, mothers in particular, to help increase the number of Roma children attending school and completing education.

q To ensure scholarships for Roma secondary school pupils and students.

q To construct kindergartens, cultural centers, sport and children’s playgrounds in Roma settlements.

Article 14, paragraph 3

Article 15

The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them.

Normative Framework

The constitutions of FRY and RS do not contain explicit provisions determining obligations of the state to create conditions for effective participation of persons belong to national minorities in pubic affairs, particularly those public realms directly affecting them. Generally, persons belonging to national minorities enjoy the right as citizens to participate in exerting public affairs and have access to positions in the public administration.

Election legislation in RS[62] does not recognize measures of affirmative action for persons belonging to national minorities, but the election system (proportional election system, one constituency) enables the representation of national minorities in representative bodies. Election census of 5 % votes is a barrier influencing the representation of persons belonging to national minorities in elected bodies which in this way is not proportional to their actual number.

Also, election regulations in APV determining the election of MPs do not contain provisions for affirmative actions for persons belonging to national minorities. Election of MPs for the ‘Assembly of APV’ is based on a majority election system that is more favorable for national minorities concentrated in certain territories (Hungarians for instance), rather than for those who are dispersed (Slovaks for instance).

The ‘Law on the Protection of Rights and Liberties of National Minorities’ (Chapter IV, articles 18 –22) contains several explicit guarantees of the right of national minorities to effective participation in decision making on issues affecting them and related with the government and administration.

In order to realize the effective participation in decision making on issues affecting national minorities in government and administration, the ‘Law on the Protection of Rights and Liberties of National Minorities’ contains only provisions regulating the formation of councils of national minorities. The very concept of councils has been criticized due to their potentially restrictive role in exercising the rights of national minorities and the consequent establishment of dominant role of ethnic based political parties. Several provisions determining the work of national councils are problematic in their establishment, composure and competencies and actual ability to represent national minorities effectively: national councils are consultative bodies by nature.

There is also a problem with the overemphasized role of the state, which “may entrust” national councils with certain powers, and “whose requests shall be taken into account”. Article 20 of the ‘Law on the Protection of Rights and Liberties of National Minorities’ envisages a formation of a federal fund for national minorities but the source of these funds is still unclear.

The ‘Law on Local Self-government’[63] (2002) determines a wide range of issues relevant for implementation of the right of national minorities to effective participation in public decision making bodies (article 63).

Implementation

The analysis of recently adopted statutes of local municipalities in APV shows the following:

§ Most municipalities envisage a formation of councils for inter-ethnic relations (38 out of total number of 45 municipalities) or provides for an option to form such a body (Sremska Mitrovica) [64]

§ Among those municipalities whose statutes do not contain such provisions on the formation of respective councils (total number of 6 municipalities) two give minority languages official status[65], while in remaining four municipalities’ minority languages are not in official use and councils have not been established[66].

§ The formation of a council for inter-ethnic relations is envisaged by statutes adopted by several municipalities in which minority languages are not in official use[67].

§ In most of the municipal statutes provisions regulating the formation of councils for inter-ethnic relations are taken over from the law without specifying concrete legal solutions.

A research survey on minority representation in administrative bodies[68] shows that Serbs, Montenegrins, Jews, Ruthenians, Ukrainians, non-ethnically self-declared or self-identified and those with regional identity are more represented in administration in APV as compared with their respective proportion in the ethnic social structure detailed in the 1991 census. In relation with this census, the proportion of the following ethnic groups has decreased: Yugoslavs, Croats, Bunjevci, Hungarians, Macedonians, Muslims, Germans, Roma, Romanians, Slovaks, Slovenians, Czechs and Sokci. Zero proportional representation as registered in 1991 census refers to the following groups: Bulgarians, Greeks, Albanians, Poles and Russians.

Table 9: Representation in administrative bodies

Ethnic identity	Number	Proportion ( %)	Proportion according to the 1991 census (%)
Serbs	2929	63,9	56,8
Montenegrins	113	2,5	2,2
Yugoslavs	155	3,4	8,6
Šokci	1	0,0	0,1
Czechs	2	0,0	0,1
Albanians	3	0,1	0,1
Bulgarians	3	0,1	0,1
Bunyevtsi	27	0,6	1,1
Greeks	1	0,0	0,0
Croats	141	3,1	3,7
Jews	4	0,1	0,0
Hungarians	703	15,3	16,9
Macedonians	29	0,6	0,9
Muslims	4	0,1	0,3
Germans	3	0,1	0,2
Polish	1	0,0	0,0
Roma	3	0,1	1,2
Romanians	72	1,6	1,9
Russians	1	0,0	0,0
Ruthenians	51	1,1	0,9
Slovaks	137	3,0	3,2
Slovenians	1	0,0	0,1
Ukrainians	13	0,3	0,2
Others	3	0,1	-
Regional identity	61	1,3	0,1
Non declared	25	0,5	0,1
Non identified	95	2,1	0,3

Recommendations

q To create legal guarantees for the equal representation of minority communities it is necessary to take into consideration comparative practices and experiences.

q To develop respective local administration capacities so as to enable them to recognize less visible forms of discrimination influencing everyday life of the persons belonging to minorities.

q To enable Roma participation in drafting the constitutional act of AP Voivodina.

q To enable adequate participation of Roma in the work of bodies at the level of AP Voivodina.

q To ensure loans for the participation of Roma minority in the process of privatization.

q To reduce the election census on abolishment of certification fee.

q To provide conditions for participation in economic life of minorities, particularly of the Roma community.

Article 16

The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present Framework Convention.

Normative Framework

Article 22 of the ‘Law on the Protection of Rights and Liberties of National Minorities’ prohibits changing of the structure of the population in areas inhabited by national minorities as well as of undertaking measures aimed at impeding the implementation of the rights of persons belonging to national minorities.

Implementation

The scope of the influx of refugees in Voivodina between 1990[69] and 1996 can be compared with the well known colonization between 1945 and 1948. However, contrary to the previous colonization, the recent influx was chaotic in nature and was driven by war and territorial changes. The arrival of refugees in Voivodina is historically the largest mass migration of Serbs into the area. Migration of almost quarter of a million of Serbs into the province has substantially changed the former ethnic structure of this region. Intensity of this process was to a large extent amplified by the emigration of national minorities[70].

According to the data collected, municipalities mainly inhabited by Slovaks and Hungarians received the least number of refugees: Senta (1.0 % out of 100 inhabitants), Ada, Kanjiza (1.6%), Kovacica (2.2). The average percentage for Voivodina is 12.8% out of the total population. The arrival of refugees resulted in a change in the ethnic composition of Srem; in settlements previously inhabited by Croats who used to be the majority local population: for example per 100 inhabitants in Hrtkovci there are 123.3 refugees, in Kukujevci 117.6, in Stari Slankamen 109.2, in Gibarac 108.2, in Sremska Raca 89.2, in Jarkovac 87.4, in Novi Slankamen 80.2 etc.

Article 17

1. The parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other states, in particular those with whom they share an ethnic, cultural, linguistic or religious identity or a common cultural heritage.

2. The Parties undertake not to interfere with the right of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.

Article 17, paragraph 1

Normative Framework

The right of persons belonging to national minorities to establish and maintain freely mutual relations in FRY and outside its borders with persons belonging to their national communities, and to participate in the work of international NGOs not to the detriment of FRY or its member state, is granted by the provision of article 48 of the ‘Constitution of FRY’ and the provision of article 6 of the ‘Law on the Protection of Rights and Liberties of National Minorities’.

Implementation

The existence of a visa regime in most European countries is a restrictive factor in qualitative implementation of this right, especially for the Roma minority.

Croats

There are instances of trans-frontier contacts and cooperation between Croats being impeded. For example, local authorities in Novi Slankamen invited representatives of the Croat Cultural Association to discuss local fears of possible disturbances caused by the visit of a large number of guests from Croatia who were taking part in the 100 year anniversary festivities hosted by a local organization. As a result of this conversation, the delegation from Croatia did not arrive.

According to the research survey[71] a high level of understanding has been noted regarding the need of persons belonging to national minorities to have contacts with their kin states respectively and to take part in trans-frontier co-operation. Most citizens recognize the right of national minorities to have links with their kin states (91%). Responses to the question “what sort of contacts should the national minorities maintain with their kin states?” were as follows: “All sorts of contacts” (37%); “Cultural contacts” (30%); “with the prior consent of the state” (24%); “None” (3%).

Article 17, paragraph 2

Recommendations

q To develop a sensible policies to trans-frontier contacts and encourage representatives of local self-governments to improve trans-frontier co-operation.

Article 18

1. The parties shall endeavour to conclude, where necessary, bilateral and multilateral agreements with other states, in particular neighbouring states, in order to ensure the protection of persons belonging to national minorities to the national minorities concerned.

2. Where relevant, the Parties shall take measures to encourage trans-frontier co-operation.

Article 18, paragraph 1

Implementation

The bilateral agreement between FRY and Croatia on the protection of national minorities has not been signed yet.

Article 18, paragraph 2

Implementation

Roma

There have been no reports of the rights of Roma associations to cooperate with neighboring regions or states being violated, but neither are there cases of cooperation being encouraged.

This is an additional reason for confirming the necessity of establishing the Roma Council at the Council of Europe; this body should be a legitimate and democratically elected representative body of all Roma people living in Europe. Evident lack of mechanisms for articulation of their interests endangers the representation of these people.

Recommendations

q To sign inter-state agreements on minority rights protection.

Article 19

The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in the ‘Protection of Human Rights and Fundamental Freedoms’, in so far as they are relevant to the rights and freedoms flowing from the said principles.

Recommendations

q To abolish restrictions and limitations in the rights of new minorities as compared with the acquired rights of traditional minorities.

APPENDIX

An in-depth analysis of statutes adopted by municipal assemblies of municipalities in the territory of AP Voivodina shows the following[72]:

q Out of the total number of 45 municipalities, 43 statutes contain provisions regulating the official use of languages. The statutes of Plandiste and Secanj municipalities do not contain a specific provision determining official use of languages. However, an implicit conclusion can be drawn based on provisions regulating the inscription of the official municipal seal[73] (article 4, point 3) of the Statute of Plandiste municipality and article 4, point 4 of the statute of Secanja municipality.

q Official use of Serbian and Cyrillic alphabet is regulated by all municipal statutes.

q Serbian Latin alphabet is in official use in approximately half of municipalities (22 out of 45)

q Official use of national minorities’ languages is regulated by the statutes in the majority of municipalities. Respective guarantees are explicit and the minority languages are specified in provisions determining the use of national minorities’ languages. Exceptionally, the right to official use of national minorities’ languages is determined by a general provision (regulating the right to official use of national minorities’ languages in accordance with the law) by article 6 of the Statute of Pancevo municipality.

q The majority of municipal statutes of municipalities in Voivodina (37 out of 45) contains provisions on the official use of national minorities’ languages. In only 8[74] municipalities the national minorities’ languages are not in official use. Most of these municipalities are in Srem (7 out of 8), and only one in Backa region[75].

q One third of municipal statutes (15 out of 45) contain provisions on official use not only one but more minority languages. In most of respective municipalities (11 in total) two minority languages are in official use, whereas in four[76] of them as many as three national minorities’ languages are in official use.

q Official use of Hungarian language is regulated by more than one half of municipal statutes (29 out of 45).

q Official use of Slovak language is granted by the statutes of 12 municipalities. Exceptionally, in Beocin municipality, the official use of Slovak is granted for one of the settlements in its territory inhabited by this national minority (Lug) and not for the whole municipal territory[77].

q Official use of Romanian is granted by the statutes of 9 municipalities.

q Official use of Ruthenian is granted by the statutes of 6 municipalities.

q Official use of Croatian is granted only by the statute of Subotica municipality.

q Official use of Czech is granted only by the statute of Bela Crkva municipality.

q Official use of Romany is not granted by any of the statutes of municipalities in AP Voivodina.

Legend:

○ official language and alphabet

X council for ethnic relations

^------ non-existent official language or alphabet, non existent council for ethnic relations

*1 article 10 of the statuteof beocin municipality contains provision on serbian language and cyrillic alphabet as in official use, while only in lug settlement it is slovak language

*2 article 6 of the statute of pancevo municipality contains provision on serbian language and cyrillic alphabet as in official use, while persons belonging to a national minority are entitled to official use of minority language in accordance with the law, although the languages are not specified

*3 statute of plandiste municipality does not contain a specific article determining official use of languages, only article 4 (paragraph 3) emphasizes that the text of the municipality seal is written in serbian, cyrillic alphabet, hungarian, romanian and slovak language and alphabet

*4 statute of secanj municipality does not contain a specific provision determining official language in use, only article 4 (paragraph 4) indicates that the text of municipal seal is written in serbian cyrillic and latin alphabet, and hungarian and romanian languages

*5 statute of sremska mitrovica municipality (article 80) envisages a possibility of formation of the council for ethnic relation, in case necessary legal preconditions are fulfilled.

ANNEXE

Articles 9 and 17 (point 6) of the Constitutional Charter of Serbia and Montenegro contain provisions regulating minority issues.

Article 9 stipulates the adoption of a special Charter on Human and Minority Rights and civil liberties, determines the member states as legal subjects in terms of regulating minority rights, and also determines their responsibilities in implementation of minority rights. Particular attention is given to the member states’ responsibilities in monitoring of the implementation of rights.

International agreements are directly applied whereby the institute of acquired rights is specifically emphasized. Article 17 provides the institute of the Minister for Human and Minority rights as responsible for monitoring the implementation of human and minority rights and for coordinating the work of other ministries in order to facilitate effective implementation of international standards. This article is in accordance with other elements of the Charter, indicating a compatibility with international standards to be respected by the member states.

Generally, the Constitutional Charter reiterates the government’s views and it is important to include all the relevant conditions for exercising minority rights that will serve as grounds for implementation of minority policy.

[2] Federation at the time of writing of this Report (August 2002).

[4] APV is the abbreviation for the Autonomous Province of Voivodina

[8] See: Bulletin of the Federal Ministry for National and Ethnic Minorities, No. 6., March 2002, pp 2-3., containing positive evaluations of this legal solution by Mr. S. Sanino, Head of the OSCE Mission to Belgrade, R. Echeus, OSCE High Commissioner for National Minorities, A. Kassof and A. Georgiev, President and Coordinator of the Project on Ethnic Relations of the Princeton University, as well as the Statement by Hungarian Ministry of Foreign Affairs.

[10] Critical remarks expressed at the Conference of ethnic minority NGOs held in Subotica, 6 December, 2002.

[11] Official Bulletin of the Republic of Serbia, No.6., 7 February 2002.

[12] Official Bulletin of the Republic of Serbia, No. 9., 26 February 2002.

[13] Since the adoption of the Law on Local Self-government, numerous representatives of minority communities have expressed their dissatisfaction because of restrictions of this law related to possibilities of using national symbols of the kin state.

[14] There is no new census data for the religious structures of the population of Voivodina at the time of writing (January 2003).

[15] Data collected refers to both the absolute and relative majority.

[16] Data refers to the absolute and relative majority.

[17] Data refers to absolute and relative majority. They do not constitute an ethnic majority in any of the municipalities.

[18] Data refers to absolute and relative majority. They do not constitute an ethnic majority in any of the municipalities.

[19] Data refers to absolute and relative majority.

[20] Article 2, Definition of a national minority – A national minority as determined by this Law is any group of citizens of the FRY sufficiently sizeable to be representative although in minority status in the territory of the FRY, affiliated to a community in firm and long-term links with the teritory of FRY and with distinctive features like language, culture, national or ethnic background, origin or religion, different from the majority population, and whose members have a common feature to realize their collective identity, including culture, language and religion.

As determined by this Law, all groups of citizens identifying themselves as peoples, national and ethnic communities, or nationalities, that fulfill the requirements in the above mentioned paragraph of article 1 shall be considered as national minorities.

[22] Due to limited financial resources, research analysis of cultural institutions of Hungarian, Romanian, Ruthenian and Slovak minorites has not been conducted.

[23] Official Bulletin of the RS, No.50/92, 53/93, 67/93.48/94, 66/94 and 22/2002.

[24] For the purpose of writing this report, a team of research assistants has made an analysis of the contents of electronic media broadcasts and the press published in Voivodina in Hungarian, Slovak, Romanian, Ruthenian, Roma and Croat, for the period September 2001-August 2002. The methodology used included a quantitative-qualitative content analysis, and case study techniques (guided interviews). The aim was to get an insight into the level of the media’s assumed obligation to inform the public on legal documents regulating national minorities’ rights protection. An additional aim was to explore to what extent they promote the spirit of tolerance and intercultural dialogue through covering issues related with other minorities in the same territory.

[33] At the end of January and beginning of February 2002.

[34] Near Sangaj settlement inhabited by a large number of Roma, a huge oil-refinery and heating plant had been built. These were the frequent targets of NATO bombardment in 1999. This resulted in widespread diseases among the local population.

[36] More details on problems related with the Roma community, see: Newsletter on Voivodinian minority communities, and in ABC of Multiculturality, Center for Multiculturality, Novi Sad.

[38] Official Bulletin of R. Serbia No. 50/92, 67/93, 48/94, 66/99, 22/2002.

[40] At its extraordinary session held on 18 the July 2002 (Official Bulletin of R Serbia 19th July 2002.)

[41] See article 10 of the Alternative Report.

[42] Association of Independent Electronic Media

[43] It has become evident that media in minority languages cannot survive or develop without stable financial support from the budget of either province or republic administration, particularly given the need for a public service aimed at maintenance or improvement of cultural identity and minority languages in particular.

[44] Publishing company of media in Hungarian language.

[45] A one year long project financed by the French government starting in August 2002.

[46] Lack of professional human resources is a common problem affecting all the ethnic communities. Nevertheless, statements by some ministries indicate a need for respective rationalisation in minority media. It is quite an inadequate approach and will decrease the quality information.

[47] Methodology applied include case study analisis, interviews with sectoral editors in chief in RNS,and dailies Dnevnik and Gradjanski list.

[48] Constitution of the Republic of Serbia does not use the term “national minority” but the term “nationality”. The latter was used in the constitutional system of former SFRY, in 1974 Constitution. In the time of adoption of the Constitution of the Republic of Serbia (1990), the Constitution of SFRY was in force in Yugoslavia. It has already been mentioned that the Constitution of R. Serbia has not been harmonized with the federal Constitution adopted in 1992, so that the difference in terminology is the consequence of not harmonized constitutional acts.

[49] Statutes of local self-governments were adopted in the first half of 2002, after passing of the Law on local self-government, according to which the municipalities were obliged to pass their statutes determining the organization of local authorities and exercising the competencies of municipalities.

[50] Research work was conducted in November, 2002 by Scan Agency, Novi Sad.

[51]Compare Table 3 with the table on municipal statutes showing the official languages in use in each municipality.

[52] Data taken from the public poll research survey based on a sample of 1500 adult citizens, conducted by Scan Agency, Novi Sad, published in November 2002.

[53] Field research survey conducted by Scan Agency, November 2002.

[54] Topographical names written identically in Hungarian and Serbian Latin alphabet.

[55] In the analysis of these data, it is necessary to take into consideration that in settlements where there is a practice of displaying the street names in Hungarian, the street names consisting of personal names are written in accordance with Serbian Latin alphabet orthography.

[56] Apart from the official statistical data on number of schools, pupils and their ethnic background, almost no other evidence has been kept. Therefore, for the purpose of making this Report, a research survey was conducted in 42 elementay and 15 secondary schools in which the instruction is held in Hungarian, Slovak, Romanian, Ruthenian, Croat and Roma language. The data were collected from october 2001 to October 2002.

This sample was stratified according to the criterion of whether a respective minority community constitutes minority or majority population in the settlement. It was evident that this criterion was of crucial importance for the scope, quality and problems in this form of education and for its future perspectives in particular.

The research survey included elementary and secondary schools in which the instruction is held in either one, two or three languages, with or without learning of mother tongue with elements of national culture. It is important to note that it is only Roma community that receives the instruction of mother tongue with elements of national culture

[57] Official Bulletin of RS No. 6/2002, article 12, paragraph 1, points 4 – 7, and article 13, paragraph 1, points 9 – 12.

[59] Official Bulletin of RS, No. 50/92 and 29/96.

[60] Official Bulletin of RS, No.50/92, 53/93, 67/93, 48/94, 66/94, 24/96, and 23/2002.

[62] This analysis does not contain survey of election system at federal level due to its changes after adoption of the Constitutional Charter.

[63] Official Bulletin of R Serbia, No. 9/2002

[64] Article 80 of the Statute of S. Mitrovica municipality

[65] These are Alibunar municipality in which two minority languages are in official use (Slovak and Romanian), and Mali Idjos municipality

[66] These municipalities are: Indjija, Opovo, Pecinci and Ruma

[67] These municipalities are: Apatin, Irig and Sremski Karlovci

[68] The research survey was conducted by the University of Novi Sad, Department of Geography, tourism and hotel menagement, at the end of November and in the beginning of December 2002, containing information collected in 17 (out of the total number of 18) secretariats at the level of APV and in 42 municipalities (out of the total number of 45 in the territory of Voivodina). No information has been collected for municipalities Alibunar (Serb-Romanian local population), Mali Idjos (mainly Hungarian local population) and Novi Sad (mainly Serbian population). The lack of relevant information referring to Novi Sad municipality is a serious shortcoming of the survey, due to the total number of 1200 employees in local administration making up one fifth of the total number of employees in APV administration. The sample consists of 4581 employees, and their ethnic structure is presented in the Table 9.

[69] After the UNHCR census an additional wave of refugees arrived. Namely, at the end of 1997 and beginning od 1998, in the period of establishing Croat rule in Sremsko-Barnjska area, around 50.000 refugees left this territory among which the majority moved to Voivodina (UNHCR estimated figure)

[70] According to some estimations in the period between 1991 – 1995, between 40.000 – 50.000 persons belonging to national minorities left Voivodina.

[71]. Results of the research survey conducted by SCAN Agency in November 2002, based on the sample of 1500 respondents from 23 municipalities in Voivodina.

[73] Article 4, para. 3 of the Statute of Plandište municipality and Article 4, para. 4 of the Statute of Sečanj municipality.

[74] These municipalities are: Inđija, Irig, Opovo, Pećinci, Ruma, Sremska Mitrovica, Sremski Karlovci.

[76] These municipalities are: Novi Sad, Zrenjanin, Kovačica i Bačka Topola.

[77] Article 10 of the Statute of Beočin municipality.

Information on the status of international law in the domestic legal order

The religious structure of the population of Voivodina

Information on the existence of so-called minority-in minority situations in certain area

Are there any linguistic or ethnic groups (whether they consist of citizens or of non-citizens living in the country), which are not considered as a national minority? If so, please provide information on the different points of view in this respect.

Is the notion of national minority defined under domestic law or is there an enumeration in law of groups which are recognized as national minorities? If so, where?

Is there a government agency responsible for collection of demographic data? If so, please give full details.

Is therw a state religion your country? If so, where is this laid down in law

Is there an enumeration in law of recognized religious?

Are there one or more official languages in your country? If so, where is this laid down in law?

If there is legislation explicitly pertaining to a “general integration policy” please provide details. Is there a general integration policy in your country? If so, please give details.

Does domestic legislation provide for the possibility for the individual to maintain or to change his or her surname (patronym) and / or firsts names, or to revert to a former surname (patronym) and /or first names.? If so, under which conditions?