Retour International Conference “First 20 years of the Constitutional law act on the rights of national minorities”

As delivered by Marija Pejčinović Burić, Secretary General of the Council of Europe

 

Postovani predsjednice Vlade,

Predsjednice Odbora Hrvatskog sabora za ljudska prava i prava nacionalnih manjina,

Predsjednice Savjeta za nacionalne manjine,

Postovani dekani pravnih fakulteta sveučilišta u Zagrebu, Rijeci, Splitu i Osijeku,

Uvaženi gosti,

Dame i gospodo,

 

Iznimno mi je zadovoljstvo pridružiti vam se na obiljezavanju 20. obljetnice Ustavnog zakona o pravima nacionalnih manjina.

Njegovo usvajanje bila je prekretnica na hrvatskom putu zastite prava nacionalnih manjina a u cilju osiguranja prava i sloboda svih gradjana.

Odluka da obilježite ovu obljetnicu odrzavanjem ove konferencije svjedoci o znacaju Ustavnog zakona ne samo za hrvatski pravni sustav vec i za drustvo u cjelini.

I ujedno pokazuje predanost i odlučnost koji su potrebni da bi se jasno naznacio napredak koji je postignut – ali i potrebne daljnje korake da puno ostvarivanje prava postane stvarnost na dobrobit svakog pojedinca pripadnika nacionalne manjine.

Ovo je jedna od kljucnih misija Vijeća Europe, koje je, kroz savjetodavnu ulogu Europske komisije za demokraciju putem prava, poznatije kao Venecijanske komisije, u znacajnoj mjeri konkretno doprinijela u elaboraciji Ustavnog zakona.

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We can never forget that our Organisation was founded in the wake of the Second World War –

A conflict that included systemised discrimination against a range of minorities –

And, ultimately, the Holocaust, in which millions of Jews, Roma and Sinti were among those murdered by the Nazis and their allies.

So, the protection of national minorities has a special place at the centre of what we do.

And the reminders of its importance keep coming –

Not least the scapegoating of minority communities in different parts of our continent during the COVID-19 lockdowns.

Respecting the rights of national minorities must remain our collective task.

Those rights are protected by the European Convention on Human Rights –

The European Court of Human Rights that interprets it –

And the European Social Charter.

But they are also protected by specific instruments that draw from the Convention.

First among these is the Framework Convention for the Protection of National Minorities.

Which outlines the rights of people from national minorities with regard to education, participation and use of their language –

And those language rights are explored more fully in our European Charter for Regional or Minority Languages which last month celebrated an anniversary of its own –

Its 30th.

To Croatia’s credit, the Framework Convention and the Language Charter are among the 100 Council of Europe instruments that it has ratified since becoming a member state 26 years ago.

Indeed, when it acceded to the Council of Europe, Croatia expressed its commitment to European values –

To a Europe where fundamental rights and freedoms are protected for all, including national minorities –

And where disagreements and conflicts are solved by negotiations and compromise based on common legal principles and standards.

Since then, the country has made a strong and active contribution to developing Europe’s common legal space –

Working with others to protect and promote human rights, democracy and the rule of law.

That contribution has ranged across many specific issues.

But, informed by its experience, Croatia has come back again and again to the matter of national minority rights.

Participating in the Council of Europe’s work on Roma issues and implementing its Strategic Action Plan for Roma Inclusion –

Prioritising national minorities and minority languages as part of the country’s 2018 Chairmanship of the Council of Europe’s Committee of Ministers –

And, in that capacity, organising a conference on the final phase of reform of the monitoring bodies set up by the Framework Convention and Language Charter –

Reforms that have ensured that these mechanisms are more effective and efficient –

That their procedures complement and reinforce one another –

And that progress on minorities’ rights is therefore better understood and supported than ever before.

So, Croatia’s contribution to our multilateral approach has been strong and positive.

But the country has also implemented it at home.

Croatia applies the Framework Convention to all 22 national minorities officially recognised under the Constitution.

And it applies the Language Charter to 11 languages.

It has also adopted general and specific Operational Programmes for National Minorities –

And provides financial support for their cultural autonomy in consultation with minority representatives.

There has also been a willingness to address specific problems.

Take the issue of teaching in minority languages.

This has lacked continuity between different school levels –

So students’ access to education in their minority language has sometimes varied as they have progressed through education.

Both the Advisory Committee on the Framework Convention for the Protection of National Minorities and the Committee of Experts of the Language Charter have made several recommendations to Croatia on how to fix this and ensure continuity in the various levels of education.

And the government has partly addressed them –

As highlighted by minority representatives at a follow-up meeting organised by Croatia and the Advisory Committee in May earlier this year.

Because of all of this – and other measures – there has been important progress for national and linguistic minorities over the past 20 years.

Progress that covers culture, consultation and participation in public life.

But given the range of minorities, the diversity of issues and the complex nature of Croatia’s relatively recent past –

It is no surprise that this country – like so many others in Europe – still has areas in which more might be achieved.

There should be further action to raise awareness and teach all students about the historical presence, culture and diversity of national minorities and indeed minority languages –

To further promote inclusive and quality education for Roma children –

And combat school segregation, absenteeism and pupils dropping out of the system –

And to address and punish public incitement to violence –

Hatred and hate crimes –

And historical revisionism and anti-minority rhetoric in public discourse.

Thought should also be given to revising the system of census-determined thresholds for minority rights –

So as to ensure the effectiveness and sustainability of Croatia’s national minorities policy.

This issue was again raised by the Advisory Committee in its last Opinion –

As the relatively high level of these thresholds disadvantages smaller minorities – and perhaps minorities whose numbers are falling.

On linguistic issues, there are also opportunities to go further.

Introducing equal and official use of minority languages in more municipalities where there is sufficient demand for them.

And doing more for Romani speakers.

There are already positive measures here –

The introduction of specific school textbooks for Romani and Boyash Romanian language speakers, for example.

But the Croatian authorities have said since 2013 that they are minded to withdraw the reservation that the country made when it ratified the Language Charter back in 1997 –

A reservation that excluded the Romani language from protection.

Now is the moment to act.

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Kada je riječ o radu Vijeća Europe na ocjeni napretka koji je Hrvatska postigla, kao i onoga što jos predstoji dozvolite mi da istaknem dvije osobe koje zaslužuju poseban spomen –

Profesorica Antonija Petričušić, bivša članica našeg Savjetodavnog odbora za Okvirnu konvenciju –

I prof. dr. Vesna Crnić-Grotić iz našeg Odbora stručnjaka Jezične povelje.

Obje su pokazale dosljednost, vještinu i stručnost – na dobrobit ove zemlje.

Ali isto tako zelim istaknuti i istraživače, stručnjake i predstavnike civilnog društva koji svi podržavaju ciljeve ravnopravnosti nacionalnih manjina.

Njihov doprinos, zajedno s akademskim doprinosom  skupova poput ovog– i vidljiva politička volja i opredijeljenost hrvatskih vlasti za daljnji napredak jamac su daljnjeg napretka u osnazivanju zastite prava nacionalnih manjina i postivanja razlicitosti i jednakosti svih hrvatskih drzavljana

Hvala vam.

Zagreb 1 December 2022
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