The Second Periodical Report



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The Republic of Serbia



The European Charter for Regional or Minority Languages


The Second Periodical Report


Submitted to the Secretary General

of the Council of Europe

Pursuant to Article 15 of the Charter

Belgrade, September 2010



C O N T E N T S
1. INTRODUCTION ……………………………………………………………………6

2. Part I …………………………………………………………………………………12

2.1. Legislative and institutional changes after the first cycle of monitoring of the implementation of the Charter …………………………………………………….12

2.1.1. Legislative changes ……………………………………………………….12

2.1.2. The National Strategy for the Improvement of the Status of Roma ……..17

2.1.3. Judicial Reform …………………………………………………………...17

2.1.4. Establishment of the Ministry of Human and Minority Rights …………..23

2.2. Novelties expected during the next monitoring cycle of the implementation of the Charter …………………………………………………………………………….24

2.2.1. The Census ………………………………………………………………..24

2.2.2. Election of the national councils of the national minorities ……………...26

2.3. Implementation of the recommendations of the Committee of Ministers of the Council of Europe (RecChL(2009)2) 28) …………………………………………29

2.4. Activities for the implementation of the box-recommendation of the Committee of Experts with regard to the implementation of the Charter ………………………...33
3. PART II Implementation of Article 7 of the Charter ……………………………..38

3.1. Information on the policy, legislation and practice in the implementation of Part II -

Article 7 of the Charter ……………………………………………………………..38

3.1.1. Recognition of minority languages as cultural wealth ……………………39

3.1.2. Respect for the geographical areas of minority languages ……………….40

3.1.3. Resolute action to promote minority languages …………………………..40

3.1.4. Provision of conditions to facilitate and promote the use of minority languages ………………………………………………………………..41

3.1.5. Establishment of cultural links between the groups speaking minority languages ………………………………………………………………...41

3.1.6. Provision of the study of minority languages …………………………….41

3.1.7. Facilitation of the study of minority languages …………………………..41

3.1.8. Promotion of the studies and research of minority languages

at universities ……………………………………………………………49

3.1.9. Promotion of trans-national exchange ……………………………………49

3.1.10. Elimination of unfavourable treatment of use of minority languages and adoption of special measures in favour of minority languages …………52

3.1.11. Promotion of mutual understanding between all language groups ……..54

3.1.12. Advisory bodies …………………………………………………………54

3.2. Information on the implementation of the Charter for Minority Languages for which obligations from Part III of the Charter are not taken over ……………………..54

3.2.1. Bunjevac speech …………………………………………………………..54

3.2.2. Vlach language ……………………………………………………………57

3.2.3. Macedonian language …………………………………………………….59

3.2.4. German language …………………………………………………………61

3.2.5. Czech language …………………………………………………………..63

3.3. Activities for the implementation of box-recommendation of the Committee of Experts related to Article 7 of the Charter ………………………………………65

3.3.1. Information on the practical use of Czech language by the administrative authorities and at the Municipal Court of Bela Crkva …………………..65

3.3.2. Information on the structured policy for the protection and promotion of Vlach language …………………………………………………………..66

3.3.3. Information on the activities to provide for the teaching of PART II languages of the Charter ………………………………………………..67

3.3.4. Information on the activities to promote awareness and tolerance vis-à-vis the minority languages and the cultures they represent …………………67

3.3.5. Information on provision of a stable legal basis for the functioning of national minority councils and magistrate meetings of the Republic of Serbia Council for National Minorities ………………………………….72

4. PART III IMPLEMENTATION OF MEASURES TO PROMOTE USE OF MINORITY LANGUAGES IN ACCORDANCE WITH THE OBLIGATIONS CONTAINED IN ARTICLE 2 PARAGRAPH 2 OF THE CHARTER ……………75

4.1. Article 8 –Education ………………………………………………………………75

4.1.1. Legislative changes of relevance for the implementation of Article 8 of the Charter …………………………………………………………………..76

4.1.2. Pre-School education …………………………………………………….79

4.1.3. Primary education - Practice …………………………………………..…83

4.1.4. Secondary education – Practice ………………………………………….89

4.1.5. Technical and vocational education – Practice …………………………..92

4.1.6. University education – Practice ………………………………………….94

4.1.7. Adult education –Practice ………………………………………………100

4.1.8. Activities for the implementation of box-recommendation of the Committee of Experts concerning Article 8 of the Charter ………………………..100

4.2. Article 9 - Judicial Authorities ………………………………………………….102

4.2.1. Legislation relevant for the implementation of Article 9 of the Charter ..103

4.2.2. Criminal proceedings ……………………………………………………103

4.2.3. Civil proceedings ………………………………………………………..106

4.2.4. Administrative disputes …………………………………………………110

4.2.5. Activities for the implementation of box-recommendation of the Committee of Experts concerning Article 9 of the Charter ………………………..111

4.2.5.1. Information to citizens about the possibility of using minority languages in courts ……………………………………………………111

4.2.5.2. Availability of the most important statutory texts in minority languages ………………………………………………………………112


4.3. Article 10 - Administrative Authorities and Public Services …………………113

4.3.1. Submission of applications in minority languages to the state administration bodies …………………………………………………………………..114

4.3.2. Submission of applications in minority languages to local or regional authorities ………………………………………………………………114

4.3.3. Publishing of regional documents in minority languages ……………….117

4.3.4. Publishing of local documents in minority languages ………………….118

4.3.5. Use of traditional forms of place names in minority languages ………..119

4.3.6. Submission of applications to public services in minority languages ….125

4.3.7. Engagement of speakers of minority languages in public services …….127

4.3.8. Use and adoption of family names in minority languages ……………..127

4.3.9. Activities for the implementation of box-recommendations of the Committee of Experts concerning Article 10 of the Charter ………….129

4.3.9.1. Activities to ensure submission of oral and written applications to State authorities in minority languages ………………………………..129

4.3.9.2. Activities to ensure the publication of official documents in minority languages ……………………………………………………..129


4.4. Article 11 – Media ………………………………………………………………..131

4.4.1. Novelties after the first cycle of monitoring of the implementation of the Charter …………………………………………………………………132

4.4.1.1. Broadcasting licences for radio and TV programmes …………132

4.4.1.2. Measures for resolution of media issues ………………………133

4.4.2. Public broadcasting agencies …………………………………………....134

4.4.3. Encouragement and facilitation of radio in minority languages…………137

4.4.4. Encouragement and facilitation of television programmes in minority languages ……………………………………………………………….146

4.4.5. Encouragement and facilitation of production and distribution of audio and audio-visual works in minority languages ……………………………..151

4.4.6. Encouragement or facilitation of establishment and preservation of at least one newspaper in minority languages ………………………………….154

4.4.7. Representation of the interests of users of minority languages …………166

4.4.8. Activities for the implementation of box–recommendation of the Committee of Experts concerning Article 11 of the Charter …………..167


4.5. Article 12 - Cultural Activities and Facilities …………………………………..169

4.5.1. Encouragement of expression and access to works in minority

languages ………………………………………………………………..169

4.5.1.1. Libraries ………………………………………………………171

4.5.1.2. Cultural clubs, cultural centres and cultural institutes ………..173

4.5.1.3. Protection of cultural goods (cultural monuments, museums and archives) ………………………………………………………………..174

4.5.1.4. Theatres ………………………………………………………..176

4.5.1.5. Publishing (literary works) …………………………………....182

4.5.1.6. Cultural manifestations ……………………………………..…193

4.5.2. Encouragement of access to works produced in minority languages …...201

4.5.3. Promotion of access of minority languages to works produced in other languages ………………………………………………………………203

4.5.4. Encouragement of direct participation of the users of minority languages in provision of the conditions and planning of cultural activities ………..204

4.5.5. Encouragement and provision of cultural activities in the territories different from those where minority languages are not

traditionally used ……………………………………………………….205


4.6. Article 14 – Trans-National Exchanges………………………………………....206

4.6.1. Application of bilateral and multilateral arrangements ………………....206

4.6.2. Facilitation and improvement of co-operation between regional and local authorities ………………………………………………………………206

5. SUPPLEMENTS ……………………………………………………………….….209

5.1. Supplement of the National Council of the Bosniak National Minority ….209

5.2. Supplement of the National Council of the Bunjevac National Minority ..216

5.3. Supplement of the National Council of the Romanian National Minority ..219



1. INTRODUCTION
1. Pursuant to the provision of Article 15 of the European Charter on Regional or Minority Languages (hereinafter referred to as the Charter), which is ratified with the Law on Ratification of European Charter on Regional or Minority Languages (the Official bulletin of Serbia and Montenegro – International Treaties, no. 18/05), the Republic of Serbia submits the Second Periodical Report within the period from 2007-2009, conducted in accordance with the Revised Draft for Periodical Reports (МIN-LANG (2009) 8), which was adopted at the 1056th meeting of the Committee of Ministers of the Council of Europe held on 6 May 2009.

2. The Second Periodical Report on the implementation of the Charter was prepared by the Ministry of Human and Minority Rights. The following state bodies took part in the development of the Report: the Ministry of Culture, the Ministry of Education, the Ministry of Justice, the Ministry of Public Administration and Local Self-Government, the Ministry of Foreign Affairs, the Department for Legislature, as well as the provincial authorities of the Autonomous Province of Vojvodina: The Provincial Secretariat for Regulations, Administration and National Minorities, the Provincial Secretariat of Information, the Provincial Secretariat of Education and the Provincial Secretariat of Culture.

3. The following institutions were consulted in the compilation of the Report: The Jablanica Administrative District, the South Bačka Administrative District, the South Banat Administrative District, the Pčinjski Administrative District, the Pirot Administrative District, the Raška Administrative District, the North Bačka Administrative District, the North Banat Administrative District, the Middle Banat Administrative District, the Srem Administrative District, the West Bačka Administrative District and the Zlatibor Administrative District. The following local self-governments took part in the compilation of this Report - Ada, Aleksinac, Alibunar, Apatin, Bačka Palanka, Belgrade, Bečej, Bujanovac, Valjevo, Vladičin Han, Vlasotince, Vrbas, Dimitrovgrad, Doljevac, Žabalj, Žitište, Zrenjanin, Kanjiža, Kikinda, Kovin, Kragujevac, Lebane, Leskovac, Medveđa, Niš, Novi Bečej, Novi Pazar, Novi Sad, Odžaci, Pančevo, Pirot, Plandište, Požarevac, Preševo, Prijepolje, Senta, Sečanj, Sjenica, Smederevo, Sremska Mitrovica, Subotica, Surdulica, Titel, Šabac and Šid and Telekom Srbija a.d., Elektroprivreda Srbije and PTT Srbija public companies. The Statistical Institute of the Republic of Serbia, the Republic Broadcasting Agency and the Serbian Business Registers Agency participated and were consulted in the compilation of this Report. The High Judicial Council and the following courts took part in compilation of this Report: the Magistrate Courts in Vršac, Zrenjanin, Leskovac, Pančevo, Pirot, Sombor and Subotica, the High Courts in Leskovac, Novi Pazar, Novi Sad, Pančevo, Pirot, Sremska Mitrovica, Subotica, Užice and the Administrative Court in Belgrade.

4. Contribution to the compilation of the Report were given by the following cultural institutions: the Institute of the Culture of the Hungarians of Vojvodina, the Institute of the Culture of the Slovaks of Vojvodina and by the following libraries: the Savraš Gabor Library in Ada, the Public Library in Apatin, the Public Library in Babušnica, the Vuk Karadžić Public Library in Bač, the Veljko Petrović Public Library in Bačka Palanka, the Public Library in Bačka Topola, the Štefan Homola Library in Bečej, the Public Library in Bor, the Hristov Botev Public Library in Bosilegrad, the 14th November Public Library in Bujanovac, the Danilo Kiš Public Library in Vrbas, the Town Library in Vršac, the Detko Petrov Public Library in Dimitrovgrad, the Public Library in Žagubica, the Branko Radičević in Žitište, the Žarko Zrenjanin Town Library in Zrenjanin, the Dr.Đorđe Natošević Public Library in Inđija, the Jožef Atila Library in Kanjiža, the Jovan Popović Public Library in Kikinda, the Municipal Library in Kovačica, the Vuk Karadžić Library in Kovin, the Public Library in Kula, the Petar Petrović Njegoš Municipal Library in Medveđe, the Stevan Sremac Public Library in Niš, the Dositej Obradović Public Library in Novi Pazar, the Town Library in Novi Sad, the Library of Matica Srpska in Novi Sad, the Town Library in Pančevo, the Public Library in Pirot, the Public Library in Plandište, the Town Library in Priboj, the Vuk Karadžić Library in Prijepolje, the Town Library in Senta, the Karlo Bijelicki Town Library in Sombor, the Gligorije Vozarević, Sremska Mitrovica, the Dositej Obradović Public Library, Stara Pazova, the Sirmai Karolj Library in Temerin, the Dr Ejup Mušović Public Library in Tutin and the Simeon Piščević Public Library in Šid; the publishing houses – the Magyar Szó in Novi Sad, the Zenta in Senta, the Ruske slovo in Novi Sad, the Hlas L´udu in Novi Sad, the Slovak Publiching Centre in Backi Petrovac and the Hrvatska Riječ in Subotica; Media - the Republic and Provincial Public Service, RTV Bujanovac, RTV Valjevo, RTV Vrbas, RTV Viktorija, Vršac, RTV Caribrod, Dimitrovgrad, RTV Inđija, RTV Kruševac, RTV Kovačica, RTV Krajina, Negotin, RTV Nišava, Niš, RTV Pančevo, RTV Aldi,Preševo, RTV Panon, Subotica, RTV YU ECO, Subotica, RTV Trstenik, Radio Ada,Radio Far, Alibunar, Radio Bačka, Bač, Radio Trend, Bačka Topola, Radio Regije, Bačka Topola, Radio Bački Petrovac, Radio Bela Crkva, Radio Bosilegrad, Radio Ema, Bujanovac, Radio Zrenjanin, Panda Radio, Kanjiža, Radio Kikinda, Radio Bus, Kovin, RaDio Zenit, Kula, Radio Novi Bečej, Radio Kisač, Novi Sad, Radio Blue, Odžaci, Radio BluePlus, Odžaci, RAdio Odžaci, Radio Sečanj, Radio Sombor, Radio Srbobran, Radio Subotica, Radio Stara Pazova, Radio Temerin, Bosniak Radio, Tutin, Radio Šid, TV Petrovac, Bački Petrovac, Regional TV Novi Pazar, TV Mozaik, Novi Sad, TV Odžaci, TV ForUM, Prijepolje, TV Tutin and Sremska TV, Šid.

5. Although all national councils of the national minorities were invited to participate in the compilation of this Report, the National Council of the Bosniak National Minority, the National Council of the Bunjevac National Minority and the National Council of the Romanian National Minority only responded and their reports are presented in the supplements making an integral part of this Report. Around thirty relevant minority NGO's were invited but only four of them responded: the Paulj Matejić Vlach Community, the Vardar Civic Association of the Macedonian National Minority of the South Banat District, the Association for the Ruthenian Language, Literature and Culture and the Matica Češka.
6. The following national regulations were used in this Report:
Constitutional law, criminal law, the judiciary, state and public administration


  • The Constitution of the Republic of Serbia (the Official Gazette of RS, no. 98/06)

  • The Statute of the Autonomous Province of Vojvodina (the Official Gazette of APV, no. 17/91)

  • The Statute of the Autonomous Province of Vojvodina (the Official Gazette of APV, no. 17/09)

  • The Law on the Establishment of Specific Competences of AP Vojvodina (the

Official Gazette of RS, nos. 6/02, 101/07 – other law, 51/09 – other law)
  • The Law on the Establishment of Specific Competences of AP Vojvodina (the Official Gazette of RS, no. 99/09 - in force since 1 January 2010


  • The Law on Prohibition of Discrimination (the Official Gazette of the RS, no. 22/09)

  • The Law on Protection of Rights and Freedoms of National Minorities (the Official Gazette of FRY, no.11/02 and the Official Gazette of RS, no. 72/09 – other law)

  • The Law on the National Councils of the National Minorities (the Official Gazette of the Republic of Serbia, no. 72/09)

  • The Decree on Establishment of the Council of National Minorities (the Official Gazette of RS, no. 50/09)

  • The Law on Official Use of Languages and Scripts (the Official Gazette of RS, nos. 45/91, 53/93 – other law, 67/93 – other law, 48/94 – other law, 101/05, – other law and 30/10)

  • The Decision on More Specific Regulation of Certain Issues concerning Official Use of Languages and Scripts of National Minorities in the Territory of the Autonomous Province of Vojvodina (the Official Gazette of APV, nos. 8/03 and 9/03)

  • The Criminal Procedure Code (the Official Gazette of FRY, nos. 70/01 and 68/02, the Official Gazette of RS, nos. 58/04, 85/05,115/05, 49/07, 122/08 – other law, 20/09 – other law and 72/09)

  • The Law on Litigation (the Official Gazette of RS, nos. 125/04 and 111/09)

  • The Law on General Administrative Procedure (the Official Gazette of FRY, nos. 33/97, 31/01 and the Official Gazette of RS, no. 30/10)

  • The Law on Administrative Disputes (the Official Gazette of RS, no. 111/09)
  • The Law on High Judicial Council, (the Official Gazette of the RS, no.116/08)


  • The Law on Organization of Courts (the Official Gazette of RS, nos. 116/08 and 104/09)

  • The Law on High Judicial Council (the Official Gazette of RS, no.116/08)

  • The Law on Judges (the Official Gazette of RS, nos. 116/08, 58/09 – US and 104/09)

  • The Law on Public Prosecutor (the Official Gazette of the RS, nos.116/08 and 104/09)

  • The Law on Seats and Territorial Jurisdiction of Courts and Public Prosecutor (the Official Gazette of RS, no. 116/08

  • The Law on Territorial Organization of the Republic of Serbia (the Official Gazette of RS, no. 129/07)

  • The Law on Local Self-Government (the Official Gazette of RS, no.129/07)

  • The Law on Registers of Births, Marriages and Deaths (the Official Gazette of RS, no. 20/09)

  • Instruction on Administration and Forms of Registers of Births, Marriages and Deaths (the Official Gazette of RS, nos. 109/09, 4/10 – correction and 10/10)

  • The Law on Political Parties (the Official Gazette of RS, no. 36/09)

  • The Law on Associations (the Official Gazette of RS, no. 51/09)

  • The Law on Ministries (the Official Gazette of the RS, nos. 65/08 and 36/09 –other law)

  • The Law on Maximum Number of Employees in Local Administration (the Official Gazette of the RS, no. 104/09)
  • The Law on Population Census, Households and Flats in 2011 (the Official Gazette of the RS, no. 104/09)


  • The Decision on More Specific Regulation of Certain Issues concerning Official Use of Languages and Scripts of National Minorities in the Territory of the Autonomous Province of Vojvodina (the Official Gazette of APV, nos. 8/03, 9/03 and 18/09 - Documents Title Changes)

  • The Provincial Decision on the Provincial Administration of Vojvodina (the Official Gazette of APV, no. 4/10)

  • The Provincial Decision on the Government of the Autonomous Province of Vojvodina (the Official Gazette of APV, no. 4/10)


Education

  • The Law on Basic Principles of the Educational System (the Official Gazette of RS, nos. 62/03, 64/03, 58/04, 62/04) - which was revoked on 11 September 2009

  • The Law on Basic Principles of the Educational System (the Official Gazette of RS, no. 72/09)

  • The Law on Primary Education (the Official Gazette of RS, nos. 50/92 and 22/02)

  • The Law on Secondary Schools (the Official Gazette of RS, nos. 50/92, 24/96, 23/02 and 25/02)

  • The Law on Higher Education (the Official Gazette of RS, nos. 76/05 and 97/08)

  • The Law on Textbooks and Other Teaching Materials (the Official Gazette of RS, no.72/09)

  • The Law on Pre-school Education (the Official Gazette of RS, no.18/10)

  • The Strategy of Professional Training Development in the Republic of Serbia (the Official Gazette of RS, no.1/07)


Culture
  • The Law on Activities of the Public Interest in the Field of Culture (the Official Gazette of RS, no. 49/92) - was revoked on 11 March 2010


  • The Law on Culture (the Official Gazette of the Republic of Serbia, no. 72/09) - applied since 11 March 2010)

  • The Law on Librarianship (the Official Gazette of RS, no. 34/94)

  • The Decision on the Foundation of the Institute for the Culture of Vojvodina (the Official Gazette of APV, nos. 10/03 and 8/06)

  • The Decision on the Foundation of the Institute for the Culture of Vojvodina Hungarians (the Official Gazette of APV, no. 7/08)

  • The Decision on the Foundation of the Institute for the Culture of Vojvodina Romanians (the Official Gazette of APV, nos. 7/08 and 3/10)

  • The Decision on the Foundation of the Institute for the Culture of Vojvodina Ruthenians (the Official Gazette of APV, no. 7/08)

  • The Decision on the Foundation the Institute for the Culture of Vojvodina Slovaks (the Official Gazette of APV, nos. 7/08 and 6/09)

  • The Decision on the Foundation the Institute for the Culture of Vojvodina Croats (the Official Gazette of APV, nos. 7/08 and 6/09)


Media

  • The Public Information Law (the Official Gazette of RS, nos. 43/03, 61/05 and 71/09)

  • The Broadcasting Law (the Official Gazette of RS, nos. 42/02, 97/04, 76/05, 62/06, 85/06, 86/06 and 41/09)


Economic and Social Life

  • The Family Law (the Official Gazette of RS, no. 18/2005)

The Republic of Serbia is the successor to bilateral agreements on the protection of national minorities, which also regulate the use of minority languages in part.


  • Agreement between Serbia and Montenegro and the Republic of Hungary on the Protection of Rights of the Hungarian National Minority Living in Serbia and Montenegro and of the Serbian National Minority Living in the Republic of Hungary (the Official Bulletin of Serbia and Montenegro - International Treaties, no. 14/04)

  • The Agreement between Serbia and Montenegro and the Republic of Macedonia on the Protection of the Serbian and Montenegrin National Minorities in the Republic of Macedonia and of the Macedonian National Minority in Serbia and Montenegro (the Official Bulletin of Serbia and Montenegro - International Treaties, no. 6/05)

  • The Agreement between the Federal Government of the Federal Republic of Yugoslavia and the Government of Romania on Cooperation in the Field of the Protection of National Minorities (the Official Gazette of FRY - International Treaties , no. 14/04)

  • The Agreement between Serbia and Montenegro and the Republic of Croatia on the Protection of Rights of the Serbian and Montenegrin Minorities in the Republic of Croatia and the Croatian Minority in Serbia and Montenegro (the Official Bulletin of Serbia and Montenegro - International Treaties, no. 3/05)


The Republic of Serbia is the successor to bilateral agreements on co-operation in the fields of culture and education, which are of relevance to minority languages:

  • Agreement between Serbia and Montenegro and the Republic of Hungary on Co-operation in the Fields of Education, Culture, Youth and Sports (the Official Gazette of RS - International Treaties, no. 38/09)
  • The Agreement on Co-operation in the Fields of Education, Culture and Sports between the Federal Government of FR Yugoslavia and the Government of the Slovak Republic( the Official Gazette of FRY - International Treaties, no. 4/96)


  • The Agreement on Co-operation in the Fields of Education, Culture and Sports between the Federal Government of FR Yugoslavia and the Government of the Ukrainian (the Official Gazette of FRY - International Treaties, no. 4/96)

  • The Agreement between the Federal Government of FR Yugoslavia and the Government of the Republic of Croatia (the Official Gazette of FRY - International Treaties, no. 12/02)

7. In order to avoid unnecessary repetitions, the data on the financial support by the state contained in the Tables of the Report relate to the period of three years (2007-2009), unless indicated otherwise and these data are expressed in dinars. For the purpose of harmonization of the terms used with the Charter, the following expressions are used in the Report: minority language is the synonym for national minority language and user or minority language speaker as the synonym of a national minority member.


8. All expressions used in this Report in male gender also include the same expressions in female gender.



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