IMPLEMENTATION OF THE FRAMEWORK
CONVENTION OF THE COUNCIL OF EUROPE FOR THE PROTECTION OF NATIONAL MINORITIES
IN THE REPUBLIC OF SLOVENIA
Okvirna konvencija
Sveta Evrope o varstvu narodnih manjšin je prvi pravno obvezujoč mednarodnopravni
dokument, ki se v celoti ukvarja z varstvom narodnih manjšin. Pomeni korak
naprej v mednarodnopravnem varstvu človekovih pravic in narodnih manjšin,
saj povzema načela o mednarodnopravni naravi varstva narodnih manjšin v
sklopu mednarodnopravnega varstva človekovih pravic, o prepovedi ukrepov
nasilne asimilacije, pomenu participacije pripadnikov narodnih manjšin in
pomenu posebnih ukrepov za ohranjanje in razvoj identitete narodnih manjšin in
pripadnikov narodnih manjšin. Republika Slovenija je podpisala Okvirno
konvencijo v februarju 1995 ter jo ratificirala v letu 1998 in s tem tudi
formalno potrdila pripravljenost spoštovati načela, ki jih konvencija
povzema. V notranji zakonodaji in ukrepih vladne politike je Slovenija že
uresničila posamezna določila Okvirne konvencije, posebej glede
zagotavljanja posebnih pravic avtohtonim narodnim manjšinam.
I. General remarks
Recently,
minority issues have again become important factors of international relations
and occupy an important position in discussions on human rights on the whole.
The most important legal documents adopted after the year 1989 are:
1. UNO
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities;
2. CSCE
Copenhagen document on the human dimension of the CSCE and other CSCE
documents;
3. European
Charter on Minority and Regional languages(1992);
4. Resolutions
of the Council of Europe ~ No. 1134 (1990), No. 1171 (1992) and particularly
No. 1201 (1993) which propose adoption of a supplementary protocol to the
European conference on Human Rights;
5. Framework
Convention for the Protection of national minorities (1994).
An essential shift in
relation to the up-to now documents, which only demanded that states tolerate
minority rights (the so called negative protection) is in the fact that new
documents introduce positive provisions for protection of minorities and their
members, as well as protection of regional and minority languages.
Protection of national
minorities attracts increasing attention in Europe also in the inciting of
various forms of co-operation, which include minority issues. These activities
arise from the conviction that cultural diversity represents the wealth of
Europe.
In 1994 the Council of Europe
adopted the "Framework Convention for Protection of National
Minorities", the first legally binding instrument, which resumes the
principles of the international community in relation to the protection of
national minorities as a part of the international legal protection of human rights.[1]
The Framework Convention of
the Council of Europe for the Protection of National Minorities is a step ahead
in the international legal protection of human rights and national minorities,
since it is based upon principles, first shaped in the study and theory sphere,
and afterwards expressed also in the normative activity of the UNO, the Council
of Europe and the CSCE. These are the general principles[2]
of the international legal character of national minority protection, freedom
of choice and of the conformity with the principles of friendly relations
between states.
The most important part [3]of
the Framework Convention for the Protection of National minorities contains programme type provisions laying
down specific principles which the States Parties undertake to pursue through
national legislation and governmental policies. This part covers different issues ,including principles of
non_discrimination ,freedoms of assembly, association, expression, religion and
thought [4]and
promotion of effective equality, underlying the
significance of the recognition of the necessity of adoption of special
measures for identity preservation (the so called positive
protection),promoting the conditions regarding the preservation and development
of the culture and preservation of religion, language and traditions.
Republic of Slovenia signed
the Framework Convention on February 1995 and ratified it in the year 1998[5].
With these acts Slovenia has also formally confirmed its respect for principles
which have already been wholly respected in its national legislation and in the
measures of governmental policy.
When Republic of Slovenia became a member of Council of Europe, the
Special rapporteur of the Committee on Legal Affairs and Human Rights Mr. Hörcsik wrote: "…Slovenia, in my opinion, fully respects the rule of
law and fundamental rights and freedoms. The way it protects the rights of
minorities is a model and an example for many European states (both East and
West)".[6]
II. National legislation and governmental policy towards national minorities in Slovenia
Policy towards national minorities in Slovenia includes different levels of protection containing individual and collective rights.
The Constitution of the Republic of Slovenia[7]guarantees
equality before the law to each individual[8]According
to the Criminal Code of the Republic of Slovenia[9]
denying of this right is the criminal
offence of infringing equality.The Constitution ensures individual rights for free use of the language and culture to
everyone.[10]
Ministry of Culture of the Republic of Slovenia provides financial assistance
for cultural activities of national minorities, Roma community and migrants in
Slovenia. According to the Constitution of the Republic of Slovenia, the
autochthonous Italian and Hungarian national communities shall be guaranteed special rights (Article 64) in the
field of education and schooling and in the field of mass media and publishing,
the right to use their national symbols, the right of political participation
as well as the rights to establish organisations and to foster contacts with
the wider Italian and Hungarian communities living outside Slovenia.[11]
This approach has arisen from the already attained level of acquired
special rights for the autochthonous national minorities. The Constitution also
stipulates that the State of Slovenia “shall give financial support and
encouragement to the implementation of these rights”, which means that the
activities of bilingual education or education in the language of the Italian
ethnic community, bilingual functioning of authorities in nationally mixed
areas, cultural activities etc. are financed from the State budget.
The two national communities are directly represented in the
representative bodies of the local self-government and in the National
Assembly. A special Commission on national Communities is active within the
National Assembly, which is alternately presided over by the Deputies of
Italian and Hungarian national communities. Laws and other legislative
enactments which exclusively affect the implementation of some of the special
rights of the national community can not be enacted without the consent of the
national community or national communities affected.
Within the Government of the Republic of Slovenia, a special
Governmental Office for Nationalities[12]
coordinates and ensures the implementation[13]
of the constitutional obligations towards the national communities and Roma
ethnic community in Slovenia.
According to the Constitution, legal status of Roma community will be
regulated by special law. Until the special law is adopted, their status is
regulated in specific provisions in the internal legislation and statutes of
municipalities.[14]
III. Implementation of the Framework Convention for the Protection of National Minorities
In this presentation we will focus on the implementation of some parts
of the Framework Convention which recognises the right of the members of
national minorities to use their language and express, preserve and develop
their identity, and obliges states and governments to ensure effective
participation of national minorities through national legislation and
appropriate governmental policies.
In april 1996 Slovenia prepared a conference about implementation of the
Framework convention in the scope of information meetings of Council of Europe.
The
conference on the implementation of the Council of Europe's Framework
Convention for the Protection of National Minorities and other Council of
Europe's legal instruments concerning protection of national minorities (Ljubljana,
April 17, 1996) was organised by the Institute for Ethnic Studies in
co-operation with the Governmental Office for Nationalities and the Ministry
for Foreign Affairs of the Republic of Slovenia. The conference is a part of
activities within the Council of Europe in further implementation of the
Council of Europe's legal instruments for the protection of national
minorities.[15] Two
experts of Council of Europe presented the Framework
Convention for the Protection of National minorities, the European Convention
for the protection of Human Rights and the European Charter for minority and
regional languages as a basis of the "European standard for the protection
of national minorities". All the participants received translations of
international documents, together with explanatory reports, the study prepared
by Vera Klopčič, and survey of documents regarding the legal
regulation of national minorities in Slovenia, prepared by the Office for
nationalities.
The conference was attended
by about 50 experts, different government institutions (Ministry of Interior,
Ministry for Foreign Affairs, Ministry of Justice and Ministry of Culture),
judges from nationally mixed regions, students and lecturers from the Faculty
of Law and the Faculty of Social Sciences, journalists, representatives of the
Italian and Hungarian national minorities and of the Roma ethnic community. The
significance of the conference is that, in the discussion, the representatives
of the two national minorities, Roma ethnic community and governmental
institutions conveyed an outline of the actual status and open questions
concerning the protection of national and ethnic minorities in Slovenia. The
comparison of the national legislation and the regulation provided in above
mentioned international documents proved that the regulation in Slovenia
complies with the demands imposed by international standards for the protection
of national minorities.
Language undoubtedly has a very important role for the maintaining of
the national identity. National legislation in Slovenia ensures to every person
belonging to a national minority to learn and be educated in the minority
language and to use freely his or her minority language in relations to
administrative and judicial authorities. These issues proved in practice to be
vital for the life of the national minorities.
The official language in the Republic of Slovenia is Slovene. In
nationally mixed areas[16]
(in areas were autochtonous Italian or Hungarian national minority reside) the
official language is also Italian or Hungarian (Constitution of the RS, Article
11).
Slovene is the official language in state and administrative bodies. In
nationally mixed areas, the state or administrative bodies work and communicate
in the Italian or Hungarian language as well, if the party uses the Italian or
Hungarian language (Law on Administration, Official Gazette of the Republic of
Slovenia 67/94).
Law on Courts ( Official Gazette of the Republic of Slovenia
19/94)stipulates that in nationally mixed areas judicial authorities conduct
proceedings also in the Italian and Hungarian language, respectively if the
party uses the Italian or the Hungarian language.
III.2. Measures in the field of education, culture and mass media, particularly those which foster knowledge of culture, history, language and religion and promote identity of national minorities in Slovenia
The aim of educational and cultural policy of Slovenia is to achieve
respect of human rights and common understanding of different national and
ethnic groups living in Slovenia.[17]
Beside this general goal reflected in the concept of cultural pluralism, there
are special measures and programmes for the implementation of the special
rights for national minorities, living on nationally mixed territories. In
accordance with national legislation[18],
the right to education in their own language at the primary and secondary
school levels is guaranteed for members of the Italian and Hungarian national
minorities in the in nationally mixed areas in Slovenia.[19]
In nationally mixed areas where the Hungarian minority resides (in the
Prekmurje region) bilingual education is compulsory at the primary school level
for all pupils regardless of their nationality. In the course of all lessons
both languages are used. Preparatory schools and preschool education in
nationally mixed areas are also bilingual. At the secondary school level,
bilingual education is provided at the bilingual secondary school in Lendava.
Outside the nationally mixed areas, learning of the Hungarian language by
pupils is optional. There is a Chair of the Hungarian Language and Literature
at the Maribor Pedagogical Faculty.
In the nationally mixed areas where the Italian national minority
resides (the Coastal area) classes and preschool education are conducted in the
Italian language in special schools and kindergartens with Italian as the
teaching language. It is compulsory for pupils in these schools and
kindergartens to learn Slovene, and for pupils in Slovene schools in the nationally
mixed areas (the Coastal area) to learn Italian.The knowledge of both languages
(as languages of surrounding ) is especially important for mutual respect and
promotion of the atmosphere of understanding and coexistence among all
inhabitants on nationally mixed areas.
In the nationally mixed areas on the Coast, there are three secondary
schools with Italian as the teaching language. There is a Department of the
Pedagogical Faculty for the Italian Language and Literature in Koper and the
Chair of the Italian Language and Literature at the University of Ljubljana.
Cultural, historical and identity features of national minorities in
Slovenia are included in the curricula in the obligatory primary school on the
entire territory of Slovenia within the framework of compulsory school
subjects: elementary science, language, geography, and history. At the
secondary school level it is including in the geography, language and
literature, history, and sociology classes.
Seminar and degree papers as well as research work on the topic of
multicultural education, language, culture and history of national minorities
are done at all primary and secondary schools, at the universities and during
postgraduate studies. At the Institute for ethnic studies[20]
in Ljubljana a specialised information-documentation centre and a library are
functioning where material from this area has been collected for more than
seventy years. This library is regularly visited by students, teachers and
lecturers from different educational institutions which proves the continuous
interest for the research and scientific
work concerning the field of interethnic relations.
Both national minorities in Slovenia have newspapers and radio and
television programme in their own languages. In the Coastal area there is a
special regional Radio and Television Centre Koper/Capodistria, which
broadcasts in the Italian language. Radio programme is broadcast in the Italian
language fourteen hours a day, and the Television Koper/Capodistria broadcasts
in the Italian language ten hours a day.
According to the agreement between Slovenia and Croatia, the publishing
house EDIT in Reka (Croatia) issues newspapers and periodicals for the needs of
the Italian minority in Slovenia and the Italian minority in Croatia (daily La
Voce del popolo, fortnight. Panorama, literary magazine La Battana and
newspaper for children Arcobaleno).
A special TV and radio programme for the Hungarian national minority is
prepared in Lendava within the framework of the Maribor regional programme.
Radio programme in the Hungarian language is broadcast seven hours a day. A TV
programme Hidak/Mostovi (Bridges) is broadcast twice a month, summarising the
most important events from the life of the national minority. This programme is
also broadcast on the National Television. The Hungarian national minority
issues a weekly Nepujsag.
III.3. Legal basis for creating 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
Members of the Italian and Hungarian national minority establish
self-governing national communities in the areas where they form autochthonous
population (Law on Self-Governing National Communities, Official Gazette
65/94).
These communities are concerned with the exercise of special rights of
national minorities and ‘inter alia’ establish organisations and public
institutions in the field of education, and regularly follow and encourage the
development of education for members of national minorities. They co-operate in
planning and organising the work in the field of education and in preparing the
relevant programmes in accordance with the statute.
Financial resources for the operating of the municipal self-governing
national communities are provided from the municipal budget and the resources
for the functioning of the Italian and Hungarian self-governing communities in
the Republic of Slovenia from the budget of the Republic of Slovenia.
In the concern for the preservation and development of the language of
national minorities, self-governing national communities in Slovenia play a
significant role. In addition to the tasks performed within the framework of
educational process, the maintenance of contacts with their own national and,
within this framework, organising additional education of teachers, summer
schools, exchanges and scholarships also contribute to preserving and
developing the language. The representatives of self-governing national
communities also co-operate in the preparation of interstate agreements with
the neighbouring countries relating to the situation of ethnic communities and
the protection of their rights.
Law on Local Self-government(Off.Gaz.No.72/93, 57/94)ensures that in
nationally mixed area ,each national community shall have at least one
representative in the municipal council. If municipal bodies decide on the
issues related to the implementation of the special rights of national
communities, they must acquire the prior opinion of the self governing national
community.[21]
The introductory part of this article provides a short outline of the
most important points of the legal regulation of the protection of national
minorities in the recently adopted international documents concerning the
protection of national minorities. The most comprehensive protection is ensured
in the Framework Convention of Council of Europe for the protection of national
minorities. Due to the fact that Framework Convention does not contain the
definition of the notion “national minority”it is up to the States to define
this term[22] and
implement the ensured principles through national legislation and governmental
policy. Anyway, the implementation of the Framework Convention will be
doubtless strongly influenced by diverse factors deriving from concrete
political, geographical, historical, economic and other circumstances.[23]
The respect for the principles of “positive protection” for national
minorities and commitments to the mutual respect and understanding have already
being carried out in Slovenia as a general approach regarding protection of
minorities and regulation of the
interethnic relations. The legal regulations in Slovenia belong to the very top
of possibilities ensured by Framework Convention, particularly in the field of
education[24], use of
the language of minorities in functioning of the state and judiciary organs[25]and
participation of minorities in all fields of political and social life.[26]
.
Such approach is not a new one in Slovenia. The concept of special
rights of the autochthonous Italian and
Hungarian minorities, introduced over thirty years ago is nowadays complemented
with a whole system of individual rights and the already established
international monitoring within the framework of the European Convention of
Human Rights, the Framework convention for the Protection of National
Minorities and other international documents. It is enriched with the
recognition of an individual's right to personal dignity, privacy, freedom of
expression and freedom of choice. Further improvements of the existing level of
protection of national minorities in Slovenia could be sought only in the
balanced relation between the individual and collective aspects of minority
rights in such a form which could satisfy wishes and demands both of the minority
and the majority population.
References:
Klopčič, Vera and Stergar, Janez (eds.) (1994) Ethnic Minorities in
Slovenia, Ljubljana.
.
ECMI Recommendations on
the Implementation of the Council of Europe Framework Convention for the
Protection of National Minorities (Flensburg, 14
June 1998).
Seminar “From Paper to Practise-Implementing the Framework convention
for the Protection of National Minorities(Strasbourg,October 1998 )
Klopčič, Vera (1995) “Okvirna Konvencija Sveta Evrope za
varstvo narodnih manjšin” Razprave in gradivo, 29 - 30, Ljubljana:
Inštitut za narodnostna vprašanja.
[1] In September 1997 the Committee of Ministers adopted the Rules for a monitoring mechanism under the 24-26 article of the Framework Convention, regulating the role and procedure of the work of the Advisory Committee.
[2] Section I,Articles 1-3
[3] Section II, Articles 4-19
[4] Though some of the principles are already covered by European Convention on Human Rights,the inclusion of these articles is important because of the fact that the Framework Convention for the Protection of National Minorities is open to signature also for non_member States at the invitation of the Committee of Ministers
[5] While ratifying the Framework convention. Republic of Slovenia
explained in special Declaration that according to the Constitution and
national legislation in Slovenia national minorities are Italian and Hungarian
minority .
According
to the terms used in the Constitution of the Republic of Slovenia,,the notion
“national community”applies to the autochthonous Italian and Hungarian national
minority.In this articleboth expressions are used,as well the notion “ Roma
community” or Roma ethnic group for Roma living in Slovenia.
[6] Text of the opinion see in "Ethnic Minorities in Slovenia",
Ljubljana,1994, edited by Vera Klopčič and Janez Stergar.
[7] Constitution of the
Republic of Slovenia, Časopisni zavod Uradni list Republike Slovenije,
Ljubljana 1992.
[8] Article 14:In Slovenia each individual ahall be guaranteed equal human rights and fundamental freedoms irrespective of national origin, race, sex, language, religion, political or other beliefs, financial status, birth, education, social status or whatever other personal circumstance.
[9] Criminal Code, Article 141
The criminal Code came into force on 1 January 1995
[10] Article 61 of the Constitution of the Republic of Slovenia
[11] The survey of the provisions of national legislation concerning the
legal status of national and ethnic minorities in Slovenia contains legal
provisions dealing with: basic provisions, education, political participation,
the use of the language of the minorities in the functioning of the state,
judiciary and other administrative organs and culture and mass media.(Ethnic
minorities in Slovenia, Ljubljana 1994 page 40-64 ).
[12] This Governmental Office deals with the position of the two
autochthonous national minorities and Roma ethnic community in Slovenia and is
not involved in the protection of other ethnic groups (migrants, refugees etc).
[13] Governmental office for national minorities prepared survey of relevant
legal provisions for protection of national minorities in Slovenia (Ljubljana,
May 1997) which includes more than 30 documents .
[14] See:
Romi na Slovenskem, Razprave in gradivo, 25, Ljubljana,
1992.
[15] General information about position of national
minorities in Slovenia was given by Mr. Peter Winkler, Director of the
Government Bureau for national minorities. The introductory lectures were given
by Mr, Frank Steketee from the Minority Department within the Council of
Europe's Directorate for Human Rights and Ulrich Bohner, Deputy to the Head
Europe's Secretariat of the Local and Regional Authorities.
[16] The act of ensuring special rights in the territorial sense ia-as a
rule-linked with the "nationally mixed area". The nationally mixed
area is determined by the statutes of municipalities and derives from the
traditional settlement and autochthonous origin of national minorities in these
areas (Law on the Establishment of Municipalities and Determination of their
Areas, Official Gazette 60/94).
[17] Article 6 of the Framework convention stipulates. "The parties
shall encourage a spirit of tolerance and intercultural dialogue …among all
persons living on their territory…"
[18] National legislation in this field includes:
Law on the Organisation and Financing of Education(Off.Gaz.No.12/91)
Law on Education and Protection of Pre-school Children (Off.Gaz.No.5/80)
Law on Primary Schooling (Off.Gaz.No.5/80)
Law on Implementation of Special Rights for Members of the Italian and hungarian National Minorities in the Field of Education (Off.Gaz.No.12/82 )
[19] See case study prepared within the project of Council of Europe
"Democracy, Human rights, Minorities": "Bilingual education in
Slovenia" by Cesar Birzea DECS /SE/DHRM/96/1.
[20] Institute for ethnic studies was established in 1925.
[21] Article 39 , Law on the local Self government
[22] This does not mean that States have absolute right to decide whether
some groups will be protected or not. See: The ECMI Recommendations on the
implementation of the Framework Convention, (Flensburg,june 1998)
Contribution by
Rolf Gossmann,Chairman of the Committee of Experts on Issues Relating to the
Protection of National minorities (DH-MIN), Seminar “From Paper to
Practise-Implementing the Framework convention for the Protection of National
Minorities(Strasbourg,October 1998 ).
[23] That is the reason why Committee of Ministers adopted detailed
"Outline for preparing the States reports" about concrete measures in
each country.
[24] Articles 12-14 of the Framework convention for the protection of
national minorities.
[25] Article 10 of the Framework
Convention for the protection of national minorities.
[26] Article 15 of the Framework Convention for the protection of national minorities.