[ALBSA-Info] Yugoslav Law Minorities (Draft)

[Agron Alibali]

FEDERAL REPUBLIC OF YUGOSLAVIA			Federal Ministry for National and Ethnic CommunitiesBELGRADE(June 29, 2001)vs				DRAFT OF THE LAW	Federal Assembly of the Federal Republic of Yugoslavia, upon the Articles10, 11, 15 par.2, 16, 45-50, 77 point 1,  and 124  p.2. and 6. of theConstitution of the Federal Republic of Yugoslavia enacts:THE LAW ON THE PROTECTION OF NATIONAL MINORITIESPREAMBLE 	Claiming that multi-culturalism and traditional diversities based on thedifferences in language, material and spiritual cultures, origin, customs,religions, history and traditions of citizens, and the preservation ofnational minorities are social values that need to be protected and promoted,	 bearing in mind that the harmonic co-habitation and cooperation ofnational minorities and the majority nations is a factor of democracy,development, internal and international security and stability,	wishing in the framework of the rule of law, with due respect andprotection of the territorial integrity and sovereignty of the State, toguarantee the protection of the rights and freedoms of persons belonging tonational minorities,	in order to promote mutual respect and understanding, tolerance, dialogue,cooperation and solidarity between various national groups of the population,	with the intention to stimulate mutual understanding and friendlycooperation between nations and states,	for the purpose of the expression, preservation, promotion and protectionof the national identity of national minorities,	recognizing the duty of the FRY to guarantee the rights of nationalminorities and their protection    declares that the right to national identity and the participation of minorities inthe government and in the management of public affairs, according to theConstitution and law, are part of the basic human rights and freedoms,defined in Articles 19-69 of the Constitution of the Federal Republic ofYugoslavia and guaranteed or derived from international conventions towhich the Federal Republic of Yugoslavia is a party, or from provisions ofthe international law.	For that purpose, set out from:-	the Constitution of the Federal Republic of Yugoslavia, as the basis ofthe rights and obligations of all citizens, and specially from theprovisions of Article 16, rights of the national minorities are based onthe following international acts:-	Charter of the United Nations-	Universal Declaration of Human Rights-	International Covenant on Civil and Political Rights-	International Covenant on Economic, Social and Cultural Rights -	International Convention on the Elimination of all forms of RacialDiscrimination-	UNESCO Convention against Discrimination in Education-	ILO Convention [against] Employment and Occupation Discrimination-	Framework Convention for the Protection of National Minorities (1994)For the purpose of the implementation, promotion and protection of therights and freedoms of all citizens, and the rights of national minoritiesto their specificity, we are also guided with the following principles andprovisions-	[European] Convention for the Protection of Human Rights and Freedoms (1950)-	Final Act of the CSCE from Helsinki (1975)-	Point 11. of the Final document of the Madrid Conference of the CSCE (1983)-	Points 18-19, 31, 59. and 68. of the Final Document of the ViennaConference of the CSCE (1989)-	Points 30-45 of the Copenhagen Conference on the Human Dimension of theCSCE (1990)-	Paris Charter for New Europe of the CSCE (1990)-	Protocol of the Geneva Conference of the CSCE on National Minorities (1991)-	UN Declaration on the Rights of the Persons Belonging to the National orEthnic, Religious and Linguistic Minorities (1992)-	Obligations that rise from the Helsinki Document of the CSCE (1992),especially the principles and provisions from points 23-34.-	European Charter for Regional or Minority Languages [of the Council ofEurope, 1992]-	Framework Convention for the Protection of National Minorities [theCouncil of Europe,  1995]-	European Charter on Local Self-Government -	Decisions of the Budapest Conference of the CSCE (1994), especiallypoints 21-24, and parts on the Roma population-	Final Act of OSCE from Istambul (2000)-	PART ONEGENERAL PROVIONSThesis 1THE SUBJECT  OF THE LAWLaw on the protection of national minorities regulates the special rightsand freedoms of persons belonging to national minorities in the FederalRepublic of Yugoslavia, protection of the rights of such minorities toexistence, preservation and promotion of the cultural, linguistic and otherelements of their identity. 	This Law regulates also the protection of national minorities from allforms of discrimination in the process of the implementation of their civilrights and freedoms, creates instruments that guarantee and protect specialrights of minorities for minority self-governance, and guaranteesinstitutions for promoting participation of national minorities ingovernment and in the management of public affairs. 	Citizens belonging to national minorities, besides rights that belong toall citizens enjoy special rights, freedoms and protection guaranteed bythe Constitution of FRY and this Law for the purpose of full equality,preservation, promotion and protection of their linguistic, cultural,traditional and religious differences, and protection of their economic andcultural rights.Thesis 2NATIONAL MINORITY AND PERSON BELONGING TO NATIONAL MINORITYNational minority under the terms of this Law is a group of citizens of theFederal Republic of Yugoslavia, numerically in minority position on theterritory of the Federal Republic of Yugoslavia or member Republic,belonging to an autochthonous group of the population residing at theterritory of the FRY or member Republic and possess a group of distinctivefeatures, such as language, national or ethnic belonging or origin,religion or similar, upon which they differ from other groups of thepopulation, and whose members take care and show consciousness concerningthose specificities, and readiness to preserve them.  Under the terms of this Law, in regard to rights, freedoms and duties,  asnational minorities will be treated all groups of citizens that consider ordefine themselves as people, national or ethnic communities, national orethnic groups, nations or nationalities, which fulfill conditions of thesection 1 of this thesis, have equal such.    All national minorities in the sense of preceding provision, are equalin their position and enjoy all rights, freedoms and protection, whichaccording to the FRY Constitution, international law and conventions towhich FRY is a party belong to national minorities.The implementation of some rights of persons belonging to nationalminorities and enjoyment of those rights with other members of the groupmight be conditioned by the size of the group or territorial concentrationof its members.   Thesis 2AAlternative 1: [open list, enumerates only those reaching 1% of the totalpopulation]National minorities in FRY are Albanians, Bosniaks, Croats, Hungarians,Roma,  and all other, less numerous national minorities fitting into thedefinition of national minorities provided by this Law.Alternative 2:  [first alternative broadened with former SFRY Nations andnational minorities institutionally recognised in the history of SFRY)National minorities in FRY are Albanians, Bosniaks, Bulgarians, Croats,Hungarians, Macedonians, Roma, Romanians, Ruthenians, Slovaks, Slovenes,Turks, and all other national minorities fitting into the definition ofnational minorities provided by this Law.Alternative 3: (wide enumeration)According to this Law, the national minorities are: Albanians, Askhalies, Bosniaks, Bulgarians, Bunjevci, Croats, Checks,Germans, Goranci, Hungarians, Jews, Macedonians, Muslims,  Roma, Romanians,Russians, Ruthenians, Slovaks, Slovenes, Turks, Ukrainians, Vlachs, andother national minorities fulfilling conditions from par.1 thesis 2.In case that upon the periodical general census of population new groupsemerge, which fulfill the conditions from par.1 thesis 2, and they arenumerically equal to a group enumerated in the Law, Federal Ministry forNational and Ethnic Communities will initiate the amendment of this Law inorder to include those groups.  Alternative 4: (Thesis 2A is to be canceled, there is no enumeration, buteventually in the explanation accompanying the Law)     PART TWO:     BASIC PRINCIPLES              Thesis 3        EQUALITY AND               NON-DISCRIMINATIONPersons belonging to national minorities have equal right to enjoy allrights and freedoms belonging to the citizens of FRY without differences ordiscrimination.	All forms of discrimination toward persons belonging to nationalminorities based on the national, ethnic, religious, linguistic or racialbasis are prohibited and punishable. 	Authorities of the federation, republic, autonomous province, town andmunicipality have no right to pass any law or other legal normative act, ormeasures which violate  the principle of non-discrimination.	Laws, decisions and measures of affirmative action (positivediscrimination), enacted for the promotion of the position of personsbelonging to national minorities which were discriminated against, ordeprived of some rights, or of the possibilities for development  -  as itis the case with Roma national minority -   will not be treated asdiscrimination in terms of this Law.	Federal government will establish the Interministerial Commission whichwill take care about the improvement of situation of Roma as nationalminority.	Laws, decisions and measures from section 4 and 5 of this thesis will beabolished when   the reasons for their enactment disappear. Thesis  4THE FREEDOM OF NATIONAL AFFILIATION AND EXPRESSION	This Law guarantees the freedom of national affiliation and the freedom ofthe expression of national affiliation and national culture.	Every person belonging to a national minority can freely decide whether tobe treated as a member of a national minority.	No one is obliged to declare on his/her national affiliation.Mandatory registration of national minorities is prohibited. No disadvantage can result for person from declaring or not declaringbelonging to a national minority.Acts and measures of forceful assimilation of persons belonging to nationalminorities are unlawful and prohibited.Thesis 5  THE FREEDOM OF ASSOCIATION 	Persons belonging to national minorities have the right to form, inaccordance with law, political, educational, cultural and professionalorganizations, associations or institutions. 	The State will subsidize  the activities of organizations from par.1 ofthis thesis.Thesis  6RIGHT OF CO-OPERATION WITH CO-NATIONALS IN THE COUNTRY AND ABROAD	Persons belonging to national minorities have the right to establish andmaintain free and peaceful contacts within the FRY and abroad with personslawfully residing in other states, especially with persons to whom theyshare common ethnic, cultural, linguistic and religious identity or commoncultural heritage.	Persons belonging to national minorities have the right to participate inthe activities of non-governmental organisations in FRY, as well as abroad.	State may establish preferential conditions in order to implement therights from par. 1 and 2 of this thesis.Thesis 7RESPECT FOR THE PRINCIPLES OF INTERNATIONAL LAW, PUBLIC MORALS ANDCONSTITUTIONAL ORDER	Rights and freedoms guaranteed by this Law must not be used for purposeswhich are contrary to aims of the United Nations Organization andprinciples of international law;  against public security, public morals,public health and public order;  for violations of basic human rights andfreedoms guaranteed by the FRY Constitution and international law; forpropagating national, ethnic, religious or racial hatred and intolerance;for committing criminal acts.Guaranteed rights must not be used for violent change of constitutionalorder or violations of territorial integrity or sovereignty of the FederalRepublic of Yugoslavia or member republics.The realization of rights and freedoms envisaged in this Law can not limitthe obligations and responsibilities linked with the citizenship of the state.Thesis 7a	In undeveloped areas in which national minorities live, for the purpose ofpromoting economic, cultural, social and political life State will takeactions like: constructing infrastructure, communication facilities, taxreductions and other preferences by which it will foster the economicdevelopment, especially investments of foreign capital and capital fromdeveloped parts of the country to those areas.Thesis 7bPROTECTION OF THE ACQUIRED RIGHTSThis Law does not change or derogate the rights of persons belonging tonational minorities acquired upon legal norms that were in force till theadaptation of this Law, or rights acquired by international conventions towhich FRY is a party.PART THREE:RIGHTS AND FREEDOMS OF NATIONAL MINORITIES FOR THE PRESERVATION OF IDENTITYThesis 8THE CHOICE AND USE OF PERSONAL NAMEPersons belonging to national minorities have the right to free choice anduse of their personal names and names of their children, and to enter thesepersonal names to all public documents, official registers and registers ofpersonal data in accordance with the rules of the language and orthographyof the national minority.The right from section 1 of this thesis does not exclude the parallel entryof names also in Serbian orthography and script.Thesis 9THE FREEDOM OF MOTHER LANGUAGE USE	Persons belonging to national minorities can freely use their language andscript in private and public.Thesis 9A		      [………]	Persons belonging to national minorities have the right to be informedpromptly, in the language they understand, of the reasons for their arrestand/or detention and of the nature and cause of any accusation againstthem, and to defend themselves in this language, if necessary with freeassistance of an interpreter, before trial, during trial and on appeal.Thesis 10OFFICIAL LANGUAGE USE OF NATIONAL MINORITIESOn the territory of the unit of local self-government, where the members ofnational minorities live traditionally, their language and script can be inequal official use.The unit of local self-government is obliged to enter the language andscript of national minority in official use always if the percentage ofthat national minority in the total population on their territory reaches 20%.Alternative for par. 2:The unit of local self-government is obliged to enter the language andscript of national minority in official use always if the percentage ofthat national minority in the total population on their territory reaches20%, or if the number of  persons belonging to respective minority reaches5000 persons according to the last census.In the unit of local self-government, where the language of a nationalminority is in official use in the moment of the enactment of this Law itshall remain in the official use always if the percentage of that nationalminority in the total population on their territory is above 5%.  The official use of the language of national minorities from section 1 ofthis thesis covers particularly: the use of the minority language in theadministrative and court procedure; conducting administrative and courtprocedure on the language of national minorities; the use of the languageof national minority in the communication of the authorities withcitizens; issuance of public documents, and keeping official registers andregisters of personal data also in the language of national minorities, andthe acceptance of those public documents as legally valid; the use of thelanguage of national minorities on ballot papers and electoral materials;the use of language of national minority in the work of representativebodies.  On the territories from section 2, names of public authorities, names ofunits of local self-government, of settlements,  squares and streets shallbe displayed also in the language of the respective national minorityaccording to respective orthography and grammar rules and tradition. Federal laws and other legal rules are published also in the languages ofnational minorities in accordance with special legal rules.  Persons belonging to national minorities whose percentage in the totalpopulation of FRY reaches 2% may address federal authorities in mothertongue, and they have a right to receive answer at that language.  Deputy in the Federal Assembly who belongs to a national minority whosepercentage in the total population of FRY reaches 2% has the right toaddress the Assembly in his/her own language. In territories from paragraph 1 of this thesis in the units of the YugoslavArmy the use of the respective minority language shall be regulated byspecial regulation.Thesis 10a THE RIGHT TO PRESERVE CULTURE AND TRADITIONS	The expression, preservation, cultivation, promotion and inheritance ofthe national, ethnic, cultural, religious and linguistic specificity as thepart of the tradition of citizens, national minorities and personsbelonging to national minorities is their inalienable individual andcollective right.	Persons belonging to national minorities have the right to publiclyexpress their traditions in accordance to national culture and customs.	National minorities and persons belonging to national minorities have theright to preserve, express and promote their cultural specificities in allforms and substance.	With special law in accordance with international obligations stateprotects the cultural heritage and cultural monuments of the nationalminority.	For the purpose of protection and promotion of cultural specificitypersons belonging to national minorities have the right to establishspecific cultural, artistic and scientific institutions, societies andassociations in all areas of cultural and artistic life.	Institutions, societies and associations from the preceding paragraph areindependent in their activities. State will participate in financialsupport of the society and association founded or co-founded by the state.  	For the purpose of supporting institutions, societies and associationsfrom par. 5 of this thesis separate foundations can be established Thesis 11MOTHER TONGUE INSTRUCTION IN THE PRESCHOOL, ELEMENTARY AND SECONDARY SCHOOLEDUCATION	 Persons belonging to national minorities, whose language is not Serbian- within the unified system of public education  - have the right toinstruction in their own language in pre-school, elementary school andsecondary school education.	If in the moment of enactment of this Law, there is no instruction in thelanguage of national minority in the unified system of public education forthe members of a respective national minority from section 1 of thisthesis, state is obliged to create conditions for the organisation ofinstruction in mother tongue, and until then to guarantee the bilingualinstruction or the instruction of the minority language with the elementsof national culture for the persons belonging to the respective nationalminority. In the implementation of the rights from the section 1 and 2 of thisthesis, law may prescribe a specific minimal number of pupils necessary forthe realisation of these rights. This number for persons belonging tonational minorities must not be larger than the determined general minimumthat is required for the number of pupils who attend classes in Serbian insettlements where individuals belonging to Serbian or Montenegrin peopleare in minority.	Instruction in the language of national minorities does not exclude theobligatory learning of the Serbian language.	Depending from the claim of the respective national minority theinstruction in the language of national minorities could be conducted inseparate educational facilities and schools or in mixed languageeducational facilities and schools with separate organisational units orclasses. The formation of separate educational facilities and schools mightbe conditioned with sufficient minimal number of students, but this minimalnumber can not be larger than the minimal required number of students inschools with instruction in Serbian language.Thesis 12HIGH AND UNIVERSITY EDUCATION	To satisfy the requirements of the instruction in the language of nationalminorities in accordance with the thesis 11, within the high and universityeducation the State shall provide departments and faculties where thekinder-garden nurses, elementary and secondary school teachers will beeducated in the language of national minorities or bilingual.	Besides the high and university education from section 1 of this thesis,faculty shall organise language departments on the languages of nationalminorities, where the students belonging to national minorities can learnthe technical terms also in the language of national minorities. 	Beside the obligations from par. 1 and 2 of this thesis the State shallsupport professional education  and terminological specialization ofteachers for the purpose of education from the thesis 11 of this Law.The State shall favor the international cooperation with the purpose tofacilitate to persons belonging to national minorities studying abroad atthe language of respective minority, and recognition of so acquireddiplomas.  Thesis 13CURRICULA	Curricula for the instruction in the language of national minorities fromthesis 11, from social science subjects, in the part dealing with nationaltopics, shall contain not less than half the history, art and culture ofthe respective national minority.	In the preparation of the curricula for education on the language ofnational minorities, bilingual and teaching of national minoritieslanguages with elements of national minorities cultures  from the thesis 11of this Law,  the national councils of national minorities shallparticipate, and without their consent the program cannot be adopted.	If the public bodies of national minorities from section 2 of this thesisdeny the consent on the curricula, their opposition has the character ofsuspense veto, while the competent court shall resolve the dispute.	If there is no national council of national minority, professionalorganizations of the respective national minority will be consulted.    	The curricula in educational institutions and schools in Serbian language,in order to foster tolerance in regard to national minorities, have tocontain a subject containing knowledge of history, culture and position ofnational minorities, and  other contents fostering mutual tolerance andco-habitation.  On territory where the language of national minority isalso official, the curricula in educational institutions and schools inSerbian language should also contain the learning of the language ofnational minorities. Thesis 14PRIVATE EDUCATIONAL INSTITUTIONS	Persons belonging to national minorities have the right to establishprivate educational institutions, schools and universities, with theinstruction in the language of national minorities or bilingual.	Law prescribes the conditions for the establishment and work of theinstitutions from the section 1 of this thesis. 	If the educational institutions and schools from the section 1 of thisthesis provide instruction in or of the language of national minoritiesfrom thesis in units of local self-government where there is no suchinstruction for national minorities within the unified system of publiceducation, state is obliged to financially support the activity of sucheducational institutions.Thesis 15THE FINANCING OF THE MOTHER TONGUE INSTRUCTION OF NATIONAL MINORITIES	For the financing of the instruction in the language of nationalminorities counted per student, state shall regularly set aside largerfinancial resources compared with the instruction in Serbian languagebecause of the objectively higher costs of this instruction.	In the financing of the instruction in the languages of nationalminorities domestic and foreign organizations, foundations and privatepersons can also take part.	In the case of financial and other donations from the section 2, statewill ensure some concessions or discharge from duties. 	In cases of less numerous national minorities, national minorities to whomthe par 4. of thesis 3 refers, and in the case of units of localself-government which have several national minorities, the state shall, inaccordance with financial possibilities, provide more substantial support.	To units of local self-government from preceding paragraph state mayreduce their contribution to the state budget under the condition that theyare obliged to use those resources for purposes of the education ofnational minorities. Thesis 16THE USE OF NATIONAL SYMBOLS	The freedom of using national symbols is guaranteed to persons belongingto national minorities, and that includes the freedom to decide upon theirnational symbols.	In areas where the language of a national minority is in official use orthe percentage of the minority population reaches 20% according to the lastcensus, upon the decision of the local self-government the national symbolsof the respective national minority can,  on buildings and premises oflocal self-government and public services and institutions established bythe local self-government, be used during the state holidays and theholidays of the respective national minority.	In areas defined in par 2 of this thesis, on the buildings and premises offederal authorities national symbols of national minorities can be usedupon the decision of the authorised official during the state holidays andholidays of the respective national minority.	If the national symbols of national minorities are used in places definedin paragraph 2 and 3 of this thesis, the symbols of the FRY and memberrepublic shall be used simultaneously.			Thesis 17MEDIA IN NATIONAL MINORITY LANGUAGE AND CULTURAL INSTITUTIONSPersons belonging to national minorities have the right for complete andunbiased information in their own language, including the right toexpress, receive, send and exchange information and ideas through printedmedia and other media of public information. 	The state founded media areobliged to ensure informative programs in the language of nationalminorities, and it can also establish separate radio and TV stationsbroadcasting programs in language of national minorities.	The quantity and quality of time reserved for broadcasting in the languageof respective national minority in state, regional and local levelcommensurate to its numerical strength and concentration.Persons belonging to national minorities have the right to establish andmaintain media in their own language. Law on electronic media shall bebased on objective and non-discriminatory criteria.	The independence of the programming of public and private media in thelanguages of national minorities is guaranteed. Public media editorialboards should include persons belonging to national minorities.	If multinational unit of local self-government finances public informationof residents, such public information should be provided also in thelanguage of national minority in proportion that commensurate to the theirproportion in the population of that unit.   PART  FOUR:EFFECTIVE PARTICIPATION IN DECISION-MAKING ON ISSUES RELATED TO MINORITIESSPECIFICITIES, IN REPRESENTATIVE BODIES      AND ADMINISTRATIONThesis 18FEDERAL COUNCIL FOR NATIONAL MINORITIESFor the sake of preserving, promoting and protecting national, ethnic,religious, linguistic and cultural specificity and features of personsbelonging to national minorities, and for the sake of implementing theirrights provided by the Constitution and by this Law, the Federal Councilfor the Protection of persons belonging to national minorities isestablished (Further on " Council").Members of the Council are elected by the Federal Assembly.Candidates for the members of the Council are nominated by the nationalcouncils of national minorities. Each national minority has onerepresentative in the Council.  If a national minority has no established national council or the nationalcouncil has not nominated candidates for the council, the Federal Assemblyshall elect the member of the Council from the candidates proposed bypolitical parties, organisations or associations of the respective nationalminority.Permanent members of the Council, ex officio are the president of theRepublic, Ombudsman for national minorities, minister of justice, ministerof foreign affairs, minister of internal affairs, and federal secretary forinformation.Depending upon the decision of the Council other government representativesand  experts will also take part in the work of the Council.The Council shall meet at least once a year. The Council will meet alwaysif 1/3 of its members call for.  The president of the FR of Yugoslavia presides in the Council.The competencies of the Council include:-	Consideration of proposals of normative acts which influence the positionand rights of national minorities-	Consideration of reports on the implementation of the rights of nationalminorities -	Consideration and discussion of  actual issues related to the situationof the  national minorities  -	Consideration of the implementation and enforcement of legal regulationson the rights of national minorities-	Proposing measures and actions aimed to promote the position of nationalminorities-	Proposing measures and actions aimed to ease eventual inter-ethnictensions.   Thesis 19 NATIONAL COUNCILS OF NATIONAL MINORITIES		Persons belonging to national minorities can elect national councils aspublic bodies of minority self-governance.	The national council is the legal person. The national council enacts  its statute in accordance with theConstitution and law. The Register of elected national councils is managed by the competentfederal authority.	Public bodies from paragraph 1 of this thesis, in fields of the officialuse of the language, education and information in the minority language andthe culture represent the interests of the respective national minority,participate in decision-taking or take decisions  in mentioned issues, andthey also can be founders and co-founders of institutions in the mentionedfields.  	Authorities of the state, territorial autonomy or unit of localself-government are obliged to consult the public bodies from par.1 of thisthesis when deciding issues mentioned in par.6 of this thesis.	Public bodies form par.1 of this thesis may address the authorities frompar. 7  of this thesis in all issues that directly affect  the rights andposition of the respective national minority, and those authorities areobliged to put the issue to their agenda and reply in 3 months term.	Some competencies from fields mentioned in paragraph 6 of this thesisshall be directly delegated to these public bodies, and State should setaside finances for the realization of those competencies.	The scope and nature of competencies from paragraph 9 of this thesis willdepend among others from the claim of the respective national council. THE RULES CONCERNING ELECTIONS OF NATIONAL COUNCILSThesis  19 ANational councils of national minorities will be elected for the 4 yearsterm, primarily on the basis of special voters registration lists ofpersons belonging to national minorities.Special voters registration lists for the elections of national minoritiescouncils will be prepared if that would be requested from competent federalauthority by organizations and associations of national minorities, andsuch a request has to  be  supported in writing by adult citizens who makeat least 10% of persons belonging to respective national minorities  on thebasis of last census, and this has to be done in the course of 3 monthsafter this Law comes into force. Elections for members of national councils on the ground of special votersregistration lists will be organized on the ground of proportionalelectoral system.Elections for national councils should be held at the latest  in the courseof one year  after the valid request for special voters registration isplaced, and  if at least one third of all persons with voting rightsbelonging to respective national minority  is enlisted.At the special voters registration list of the national minority everyadult citizen of the FRY who belongs to respective national minority can beenlisted if he requires in writing and declares as belonging to respectivenational minority.If in the course of one year at the special voters registration list atleast one third of all persons belonging to respective national minoritiesand with electoral rights would not enlist themselves, then nationalcouncil will be elected by electors in terms of this Law.More detailed rules and provisions related to conduct of voters registers,rules and the organization of elections on the basis of special votersregistration lists will be regulated by the Federal Governnment decree inthe course of 3 months after this Law comes into force.Thesis 19 BIf under the term stated in the thesis 19A Federal Ministry would notreceive a valid  request for preparation of special voters register listsof a  national minority, or in a case covered by par. 5 of the thesis 19A,national council will be elected by the assembly  of electors  of thenational minority.The right to be elector has every deputy in the Assembly of the FRY, memberrepublic, autonomous province and alderman (deputy in local assemblies)elected as a candidate of a political party of respective national minority.Besides the persons from the par. 3 of this thesis, the elector can beevery deputy in the assembly of the unit of local self-government electedas  a candidate of a group of citizens, but he or she declares as a personbelonging to national minority and belongs to any political party,organization or association  of national minority at least from the momentof his election as the deputy.National council can be elected only if at the meeting of electors at least10 electors are present.Thesis 19CIf a national council can not be formed because of insufficient number ofelectors, electors for the election of the national council will be electedin the following way:The right to be elector has every citizen who declares as person belongingto respective national minority, and his candidacy is supported by at least200 persons with electoral  right, belonging to respective nationalminority, or is candidated by a national organization or an association  ofrespective national minorityThesis 19DElectors assemblies work on the basis of statute that will enacted bycompetent ministry, which also organizes the electoral meeting. Assemblies of electors take decisions by majority votes of electors present.Thesis 19EEvery elector has the right to propose 2 candidates for members of thenational council, and all candidates are on one electoral list.Candidate for the member of the national council can be a citizen of theFRY who has electoral right.Election of members of national council is carried out by secret ballot, bycircling three names on the list of candidates.Candidates are put on rank order on the ground of number of received votes,and elected is that who gets more votes, and it goes until required numberof members of respective national council is elected.Thesis 20THE FEDERAL FOND FOR NATIONAL MINORITIES The Federal Fond for the promotion of the social, economic, cultural andoverall development of national minorities is established (further on the"Fond").The Fond shall take part in the financing from budgetary resources ofactivities and projects related to the promotion of the position andpromotion of cultural creativity of national minorities.The Federal Government shall enact closer legal regulations by which itwill regulate the composition and activities of the Fond. Thesis 21   REPRESENTATION AND PARTICIPATION IN PUBLIC LIFEPersons belonging to national minorities have the right to take part inpublic life, and access to all public authorities and services without anydiscrimination and limitation 	Persons belonging to national minorities have the right to form politicalorganizations and parties.No electoral law or decision of state organs will contain provisionsdiscriminating national minorities in determining criteria for entering ofminority representatives in government representative body.Alternative par. 4:Electoral laws will ensure the representation of national minorities in theAssembly of FRY, member republic and autonomous province.In order to achieve full equality of persons belonging to nationalminorities they have the right for corresponding representation in publicservices, state and local authorities including police forces.	In the course of employment in state and local authorities, publicservices and local self-government, it is obligatory to take care about thenational composition of the population,  and also about the needs for theknowledge of the languages spoken in the territory of the authority orservice. PART  FIVE:PROTECTION OF MINORITY RIGHTS AND FREEDOMSThesis 22THE VIOLATION OF THE RIGHTS AND FREEDOMS OF MINORITIES IS UNLAWFUL ANDPUNISHABLE	All acts are punishable which violate the rights and freedoms of nationalminorities guaranteed by the Constitution of FRY, provisions of theinternational law, this Law and other laws that regulate issues importantfor the life of minorities.	The types of crimes, offences and penalties for the violation areestablished by law.Thesis 23OMBUDSMAN FOR NATIONAL MINORITIESWith an aim to observe the implementation of laws and policy concerning therights and freedoms of national minorities, and to protect their rights,the Ombudsman for national minorities is established (further on Ombudsman). Ombudsman is appointed by the Federal Assembly on the proposal of theFederal Government for the term of four years from most outstanding lawyers.Ombudsman is ex officio member of the Federal Council for nationalminotrities.Ombudsman can not conduct other public function nor professional vocation.Ombudsman has the same material and procedural immunity as the deputy inFederal Assembly. The Federal Constitutional Court decides on the immunityof the Ombudsman.Ombudsman is authorized to receive complaints concerning the rights ofpersons belonging to national minorities, and to collect data concerningthe complaints and issues related to the rights of national minorities.All state authorities and public institutions are obliged to co-operatewith the Ombudsman and to provide information and data required by theOmbudsman.In the case of the violation of minority rights Ombudsman is authorized toinitiate a court procedure for the protection of the rights of nationalminorities before the (Federal) court.Ombudsman can initiate actions and measures of state authorities to protectof the rights of national minorities. Ombudsman shall submit to the Federal Assembly annual reports on theposition of minorities, on his/her activities and on the implementation andviolations of minority rights. On issues not regulated by this Law concerning the status, immunities,salary and privileges of the Ombudsman legal regulations on the position ofjudges of the Federal Court will be applied.    	Thesis 24PROHIBITION OF THE ARTIFICIAL CHANGES OF THE NATIONAL COMPOSITION	In areas where persons belonging to national minorities live all acts andmeasures, which can result artificial change of the national composition ofthe population, are prohibited. 	It is forbiden to determin administrative borders of territorial units ina way which makes it impossible or more difficult to enjoy and realize therights of persons belonging to national minorities.Thesis 25 THE PROTECTION OF RIGHTS BY COURTSFor the purpose of the protection of their rights guaranteed by this Law,persons belonging to national minorities and bodies from thesis 19 and 23can launch a lawsuit to the competent court determined by the law of therepublic.Depending on the nature of the violation of rights, in the procedure forthe protection of rights the rules of procedural law will apply (criminal,civil, administrative or other.) The violation of the rights of national minorities constitutes legalground for claiming non-material damages in the procedure before competentcivil court.PART SIX:TRANSITIONAL AND CONCLUDING PROVISIONSThesis 26Paragraph 1 of thesis 22 shall be implemented gradually in the period offive years. Thesis 27The Federal Ministry of national and ethnic communities shall be in chargeof supervising the implementation of this Law.Belgrade, 29th of June, 2001 vs



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