LAWON THE PROTECTION OF RIGHTS AND FREEDOMS OF NATIONAL MINORITIES ("Off. Gazette of the FRY", No. 11/2002, "Off. Gazette of the SM", No. 1/2003 - the Constitutional Charter, and "Off. Herald of the RS", Nos. 72/2009 - oth.law, 97/2013 - CC decision and 47/2018) |
GENERAL PROVISIONS
Article 1
The present Law shall regulate the way of exercising the individual and collective rights guaranteed to members of national minorities under the Constitution of the Republic of Serbia and the ratified international treaties.
The present Law shall also regulate the protection of national minorities against any form of discrimination in the exercise of individual rights and freedoms and shall also ensure the exercise of the collective rights of the national minorities to self-government in culture, education, information and the official use of the language and alphabet.
The rights of the national minorities shall also be exercised in line with the law governing the position of the national councils of the national minorities, as well as based on other special laws governing certain areas of the social life which are of significance to the national minorities.
The provincial regulations may establish additional rights of the members of national minorities, in line with the Constitution, and based on the law.
Definition of National Minority
Article 2
For the purposes of the present Law, a national minority shall be any group of citizens of the Republic of Serbia that is representative in terms of its size, although it represents a minority in the territory of the Republic of Serbia, belongs to some of the population groups that have lasting and firm ties with the territory of the Republic of Serbia, and has the characteristics, such as language, culture, national or ethnic affiliation, descent or religion, which makes it different from the majority population, and the members of which are characterized by concern for the collective preservation of their common identity, including culture, traditions, language or religion.
For the purposes of the present Law, national minorities shall be understood to mean all groups of citizens which are referred to or designated as nations, national and ethnic communities, national and ethnic groups, nationalities and ethnicities, and meet the requirements set out in paragraph 1 of this Article.
BASIC PRINCIPLES
Article 3
Any form of discrimination on a national, ethnic, racial, linguistic, religious, and any other basis, against national minorities and persons belonging to national minorities, shall be prohibited.
Authorities of the republic, the autonomous province, a local self-government unit, may not enact regulations or apply measures in contravention of paragraph 1 of this Article.
Measures for Securing Equality
Article 4
The authorities of the Republic of Serbia, shall, in conformity with the Constitution and the law, enact regulations, individual legal acts and undertake measures for the purpose of securing full and effective equality among members of the national minorities and the citizen belonging to the majority.
The authorities shall be enacting the legal acts and apply the measures referred to in paragraph 1 of this Article for the purpose of improving the status of persons belonging to the Romani national minority.
The measures for the improvement of the full and effective equality in employment shall not been deemed as discrimination, i.e. the benefits in case of termination of employment in the public sector at all levels of the territorial organization, which have been defined by the provisions of special laws which govern the employment-legal status of the employees in the public sector, if such measures are valid until the achievement of the appropriate representation of the members of national minorities which has been defined by such laws.
The Republic of Serbia shall ensure conditions for efficient participation of the members of national minorities in the political life, the representation of the notional minorities’ representatives in the National Assembly, and proportionate representation of national minorities in the assemblies of the autonomous provinces and local self-government units, in conformity with the law.
The Republic of Serbia shall undertake appropriate measures for the purpose of improving the economic position of the underdeveloped areas where national minorities’ members traditionally live.
Freedom to Express National Affiliation
Article 5
In line with the freedom guaranteed by the Constitution of the Republic of Serbia to express national affiliation, no one shall suffer the damage due to expressing their national affiliation or due to refraining from doing so.
Any registration of members of national minorities that obligates them to declare their national affiliation against their will, shall be prohibited.
The members of the national minorities are entitled to have their data on national affiliation be entered into the official records and personal data collections, in conformity with a special law.
A piece of data on national affiliation can be used solely for the purpose for which it has been collected and in the manner set forth by the law governing personal data protection.
Any act or measure aimed at forcible assimilation of members of national minorities shall be prohibited.
Right to Co-operate with Compatriots in the Country and Abroad
Article 6
Members of national minorities shall have the right to freely establish and maintain peaceful relationships in the Republic of Serbia and beyond its borders with persons legally residing in other countries, particularly those with whom they share ethnic, cultural, language and religious identity or cultural heritage.
For the purpose of exercising the rights referred to in paragraph 1 of this Article, special benefits can be prescribed.
Duty to Observe the Constitutional Order, Principles of International Law and Public Morality
Article 7
The misuse of the rights determined by the present Law aimed at overthrowing the constitutional order forcibly, violating the territorial integrity of the Republic of Serbia, infringing on the human and minority rights and freedoms guaranteed by the Constitution and provoking and instigating racial, national and religious hatred and intolerance, shall be prohibited.
The rights provided by the present Law shall not be used for the purpose of fulfillment of goals that are contrary to the principles of international law or aimed against public security, morality or health of people.
The exercise of the rights prescribed by the present Law may not affect the duties and liabilities arising from citizenship.
Article 8
The present Law shall not diminish the achieved level of minority rights guaranteed by the Constitution, the generally accepted rules of the international law and by ratified international treaties.
RIGHT TO THE PRESERVATION OF DISTINCTIVNESS
Choice and Use of Personal Name
Article 9
Members of national minorities shall have the right to freely choose and use their own personal names and names of their children, as well as to have such personal names entered in all public documents, official records and collections of personal data in accordance with the language and orthography of the members of national minorities concerned.
The right referred to in paragraph 1 of this Article shall not preclude parallel entry of names in accordance with the Serbian language and alphabet.
Article 10
Members of national minorities can freely use their native language and alphabet, in private and in public alike.
Official Use of Language and Alphabet
Article 11
In the territory of a local self-government unit, which is traditionally inhabited by members of national minorities, their language and alphabet can be in official use on equal terms.
The local self-government unit shall by means of its statute, mandatorily put into official use on equal terms, the language and the alphabet of the national minority, if the percentage of the members of that national minority, in the total population in its territory reaches 15% according to the results of the latest population census. The local self-government unit shall put into official use the language and the alphabet of the national minority, within 90 days at the latest from the day of establishment of fulfilment of the legally prescribed conditions.
Where in the moment of enactment of the present Law a language of a national minority was in official use in a local self-government unit, that language shall remain in official use.
The official use of languages of national minorities as referred to in paragraph 1 of this Article shall be understood to mean the following in particular: use of the national minority language in administrative and court proceedings and conduct of administrative and court proceedings in the national minority language; use of the national minority language in the communications between the bodies holding public authority and citizens; issuance of public documents and keeping official records and collections of personal data and data in the languages of national minorities and acceptance of such documents made out in such languages as valid; use of such languages on ballot papers and in election material; and use of such languages in the operation of representative bodies.
The names of the bodies exercising public authority and names of the units of local self-government, inhabited places, squares and streets and other toponyms in the territories referred to in paragraph 2 of this Article shall also be written in the language of the national minority concerned, in accordance with its tradition and orthography.
In the populated places within local self-government units whose territory has been defined in line with the law governing the territorial organization of the Republic of Serbia, in which the percentage of the members of a specific national minority in the total population in the territory of the populated place reaches 15% according to the results of the last population census, the names of the bodies exercising public authority, the names of the local self-government units, populated places, squares and streets and other toponyms, shall also be written in the language of the national minority concerned, according to its tradition and orthography, even where the language of that national minority is not in official use in the territory of the local self-government unit, in line with paragraph 2 of this Article.
The assembly of the local self-government units shall, by means of its statute, determine the populated places referred to in paragraph 6 of this Article, bearing in mind the traditional population density of the members of the national minority and the previously obtained opinion of the national council.
The members of national minorities whose share in the total population of the republic of Serbia reaches at least 2% according to the latest population census, can address the authorities of the republic in their own language and they shall have the right to receive replies in that language.
The members of the national minorities whose share in the total population of the Republic of Serbia does not reach 2% according to the latest population census, can address the authorities of the republic in their own language and shall have the right to receive a reply in that language through the local self-government unit in which the language of that national minority is in official use, whereas the local self-government unit shall provide the translation and bear the translation costs of the submission sent to the authority of the republic and of the reply of that authority.
A member of the assembly who is a member of a national minority, shall have to right to speak at the session of the National Assembly in his/her own language, and to submit in the same language written documents in the work of the National Assembly set forth by the Rules of Procedure.
When a National Assembly member, in the course of work of the National Assembly, uses his/her own language, in terms of paragraph 10 of this Article, either constantly or in specific cases, the general secretary of the National Assembly shall provide simultaneous interpretation of his oral presentation or of the documents he/she has submitted, into Serbian.
Publication of Laws in the Languages of the National Minorities
Article 11a
The Ministry competent for the exercise of the rights of national minorities (hereinafter referred to as: the Ministry) shall ensure the translation and shall publish collections of revised texts of the most significant laws of the Republic of Serbia, whose subject matter of governance, either wholly or its majority, refers to the exercise of the rights of the national minorities.
The Ministry shall be under the obligation, to have the laws, referred to in paragraph 1 of this Article, available in the electronic form as well, on its website and on the eGovernment portal, as well as to deliver, by agreement, a certain number of collections of the revised texts of the laws referred to in paragraph 1 of this Law to the national councils of the national minorities.
The Ministry shall periodically and on a need to basis, inform the Council for National Minorities of the publication of the laws referred to in paragraph 1 of this Article.
Notwithstanding paragraph 1 of this Article, the national council of the national minority can submit a proposal to the ministry in charge, along with a rationale stating that it is of special importance for the exercise of rights and freedoms of the national minority, to have the ministry in charge ensure the translation and publication of the collection of revised texts of specific laws within its legal scope, which contain the provisions referring to the exercise of rights and freedoms of the national minorities, i.e. which govern the social relations which are of special importance to the national minorities.
In case the ministry in charge accepts the proposal of the national council of the national minority, the ministry shall, in such case, be under the obligation to have the laws, referred to in paragraph 4 of this Article, made available in electronic form too, on its website and the eGovernment portal, as well as to deliver, by agreement, a certain number of collections of the revised texts of the laws referred to in paragraph 4 of this Article, to the national council of the national minority.
When deciding upon the proposal referred to in paragraph 4 of this Article, particular attention shall be paid to the availability of the planned budget funds, and whether in the period of the following year, upon filing of the proposal of the national council of the national minority, amendments and modifications have been planned or the adoption of a new law in lieu of the law whose translation i.e. publication is being proposed.
The ministry in charge shall inform the Council for National Minorities of the actions referred to in paragraphs from 4 to 6 of this Article.
Article 11b
The regulations of the autonomous province shall be published in the languages of the national minorities in conformity with the statute and the general acts of the autonomous province.
The regulations of the local self-government units shall be published in the languages of the national minorities, in line with the statute and the general acts of the local self-government units, in line with the law.
Right to Nurture Culture and Tradition
Article 12
The expression, preservation, nurturing, development, passing on and public manifestation of national and ethnic, cultural, religious and language distinctiveness, as a part of the traditions of citizens, national minorities and their members, shall be their inalienable individual and collective right.
For the sake of preservation and development of national and ethnic distinctiveness, members of national minorities shall have the right to establish separate cultural, artistic and scientific establishments, societies and associations in all domains of cultural and artistic life.
The institutions, societies and associations referred to in paragraph 2 of this Article, shall be independent in their work. The Republic, the autonomous provinces and the local self-government units can participate in the financing of societies and associations for the national minorities.
Special foundations can be established towards fostering and giving support to the establishments, societies and associations referred to in paragraph 3 of this Article.
Museums, archives and institutions for the protection of cultural monuments, founded by the Republic, the autonomous province or the local self-government units, shall ensure the presentation and protection of the cultural and historical heritage which is of special significance for the national minorities in the territory for which they are competent. When deciding on the manner of presentation of the cultural and historical heritage, for which, in line with the provisions of the special law it has been determined that it is of special significance for the national minorities, the representatives of their national councils shall also be involved.
The cultural institutions founded by a local self-government unit, which in terms of the law governing the local self-government, is deemed a nationally mixed local self-government unit, by means of its work programs, it shall ensure content, measures and activities or events, which preserve and promote the cultural identity and the tradition of national minorities, traditionally inhabiting its territory.
Article 13
Members of national minorities shall have the right to upbringing and education in their own language, i.e. speech in institutions of pre-school, elementary and secondary upbringing and education.
A minimum number of pupils can be prescribed for the purpose of exercising the rights referred to in paragraph 1 of this Article, whereas that number can be smaller than that of the minimum number of pupils set by law for securing suitable forms of instruction and education.
Education in the language of a national minority shall not preclude the mandatory learning of the Serbian language.
The curriculum for the education referred to in paragraph 1 of this Article, in the part dealing with national content, shall include to a considerable extent the topics relating to the history, arts and culture of the national minority.
The national minority national councils shall take part in the production of the curricula for the courses which express the distinctiveness of the national minorities in the language, i.e. speech of the national minorities, the bilingual instruction and learning the national minority languages with elements of national culture, in line with the regulations governing the adoption of the curricula for the national minorities.
For the purpose of mutual tolerance of the national minorities and the majority population and ensuring interculturality, the programs of the curricular and extra - curricular activities in elementary and secondary education and upbringing shall be realized, on the topic of history, culture and position of the national minorities in the Republic of Serbia.
Article 14
For the needs of education in the language of the national minorities, referred to in Article 13 paragraph 1, within higher education, the development of study programs will be supported for the instructors and teachers in the languages of national minorities, in line with the law governing higher education.
The higher education institution can organize a foreign-language course in the languages of the national minorities, where students, members of the national minorities, can master the expert terminology in the language of the national minority as well.
The Republic, province and the local self-government unit can assist in the vocational training of teachers for the needs of education referred to in paragraph 1 of this Article.
The Republic shall foster the international cooperation aiming at enabling the members of the national minorities to study abroad in their native language and have thus acquired diplomas recognized in line with the law.
Article 15
Members of national minorities shall have the right to establish and run private educational institutions, schools or a university, where education is to be received in the national minority languages or bilingually, in conformity with law.
The domestic and foreign organizations, foundations and private persons can take part in the financing of institutions referred to in paragraph 1 of this Article, as well as in the ensuring of funds for the higher quality of education and upbringing in the languages of national minorities in the institutions founded by the Republic, autonomous province or local self-government units, in line with the law.
In the case of the financial and other donations referred to in the previous paragraph, the state shall grant certain benefits or exemption from taxes.
Article 16
Members of national minorities shall be entitled to choose and use the national symbols and signs.
National symbols and signs shall not be identical to symbols and signs of another state.
National councils shall propose national symbols, signs and holidays of national minorities. Symbols, signs and holidays of national minorities shall be confirmed by the Council for National Minorities.
Symbols and signs of the national minorities shall, upon the publication of the decision of the Council for National Minorities on their confirmation, be officially displayed during public holidays of the Republic of Serbia and ratified holidays of the national minority, on buildings and in the premises of the local authorities and organizations exercising public powers, in areas in which the language of the national minority is in official use, i.e. in the manner set forth by the decision on confirmation of symbols.
Next to the signs and symbols of the national minority, at the occasion of marking a public holiday of the Republic of Serbia, the State flag of the Republic of Serbia shall be displayed as well as the Small coat of arms of the Republic of Serbia, in the manner set forth by the law governing the layout and the use of the state symbols of the Republic of Serbia.
Next to the signs and symbols of the national minority, at the occasion of marking a ratified holiday of the national minority, the State flag of the Republic of Serbia shall be displayed as well as the Small coat of arms of the Republic of Serbia, in the manner set forth by the law governing the layout and the use of the state symbols of the Republic of Serbia.
At the entry into the official premises of the national council, in an appropriate manner, throughout the entire year, symbols of the national minority can be displayed along with the display of the state symbols of the Republic of Serbia.
Public Information in the Languages of National Minorities
Article 17**
Members of national minorities shall have the right to full and unbiased information in their respective languages, including the right to express, receive, send, and exchange information and ideas through the press and other means of public information.
The state shall, in the programs of the public service radio and television, provide informative, cultural and educational contents in the language of a national minority.
Members of national minorities shall have the right to establish media and run them in their own language.
EFFECTIVE PARTICIPATION IN DECISION-MAKING ON MATTERS RELATING TO DISTINCTIVENESS, IN GOVERNMENT AND ADMINISTRATION
The Council for National Minorities
Article 18
For the purpose of preservation, improvement and protection of national, ethnic, religious, linguistic and cultural distinctiveness of the members of national minorities and with the aim of exercising their rights, the Government shall form a Council for National Minorities (hereinafter referred to as: the Council), as the permanent working body of the Government.
The tasks of the Council shall be: to monitor and analyze the level of fulfillment of the rights of national minorities and the state of the inter-nationality relations in the Republic of Serbia; to propose measures for the improvement of full and effective equality of the members of national minorities; to monitor the realization of cooperation of the national minorities with state authorities, as well as with the bodies of the autonomous province and the local self-government units; to analyze the conditions for the work of the national councils of national minorities and propose measures in this area; to monitor the fulfilment of international obligations of the Republic of Serbia in the area of exercise of rights of the members of national minorities; to analyze the international treaties which relate to the position of national minorities and the protection of their rights in the process of their conclusion; to analyze the draft laws and other regulations significant for the exercise of the rights of national minorities and to give opinion thereof to the Government; and to confirm symbols, signs and holidays of the national minorities, at the proposal of the national minority national councils.
The members of the Council shall be the managers of the state administration authorities and Government services, whose jurisdiction includes the issues relevant for the position of the national minorities, as well as the presidents of national councils of national minorities.
By means of a decision, the Government shall appoint members of the Council and designate a state administration authority, i.e. Governmental service in charge of provision of professional and administrative and technical support to the work of the Council.
National Councils of National Minorities
Article 19
For the purpose of exercising a Constitution guaranteed right to self-government in culture, education, information and the official use of the language and alphabet, the members of national minorities can elect national councils.
A National Council shall act on behalf of a national minority in culture, education, information and official use of the language and alphabet, take part in the process of decision-making and decide on certain issues in these fields and establish institutions in these fields.
A National Council shall be a legal person.
National Councils shall be formed on principles of volunteerism, electability, proportionality and democracy.
The authorizations, the election procedure, financing and other issues significant for the work of national councils shall be governed by a separate law.
Budget Fund for National Minorities
Article 20
Financing of the programs and projects in the field of culture, education, information and official use of language and alphabet of the national minorities, using the funds from the Budget fund for national minorities, shall be governed by a separate law.
Article 21
(Deleted)
PROTECTION OF MINORITIES’ RIGHTS AND FREEDOMS
Prohibition to Infringe Minority Rights
Article 22
Measures that change the population ratio in the areas inhabited by national minorities and impede the enjoyment and exercise of rights by national minorities, shall be prohibited.
PENAL PROVISIONS
Article 22a
A fine from RSD 50.000 to RSD 100.000 shall be imposed for a misdemeanor of a responsible person within a body, i.e. organization exercising public authority, in case the name of the body, i.e. organization is written contrary to the provisions of Article 11, paras. 5 and 6 of this Law.
A fine from RSD 200.000 to RSD 1.500.000 shall be imposed for an economic offense against an organization authorized for installing traffic and town signs, which acts contrary to Article 11, paras 5 and 6 of this Law.
A responsible person within the organization referred to in paragraph 2 of this Law shall also be imposed with a fine from RSD 50.000 to RSD 100.000 for the economic offense referred to in paragraph 2 of this Article.
Article 22b
A fine from RSD 500.000 to RSD 2.000.000 shall be imposed on a legal person which:
1) As a symbol and sign of a national minority, officially, i.e. publicly presents, displays or uses symbols and signs of another country;
2) For a holiday of a national minority, officially, i.e. publicly uses the name of the holiday which has not been ratified by the Council for National Minorities and published in the "Official Herald of the Republic of Serbia".
For the misdemeanor referred to in paragraph 1 of this Article, a responsible person of the legal person shall also be imposed with a fine from RSD 50.000 to RSD 150.000.
Article 22c
A fine from RSD 50.000 to RSD 150.000 shall be imposed on a responsible person within the body of a local self-government unit, the organization exercising public authority whose founder is the local self-government unit, i.e. on a legal person for a misdemeanor if:
1) The symbols and signs of a national minority have been displayed contrary to the provisions of Article 16, paragraph 4 of this Law;
2) Along with the signs and symbols of the national minority, when officially used as referred to in Article 16 paragraph 4 of this Law, no signs and symbols of the Republic of Serbia have been displayed, in line with Article 16, paras. 5 and 6 of this Law.
Article 23
(Deleted)
TRANSITIONAL AND FINAL PROVISIONS
Article 24*
(Repealed)
Article 25
The present Law shall come into force on the eighth day upon the day of its publication in "Official Gazette of the FRY".
Independent Articles of the Law on Amendments and Additions to the Law on the Protection of Rights and Freedoms of National Minorities
("Off. Herald of the RS", No. 47/2018)
Article 23
The names of the bodies exercising public authority, the names of the local self-government units, populated places, squares and streets, and other toponyms, shall be written out in line with Article 10 of this Law and by 1 January 2019 at the latest.
Article 24
The Assembly of a local self-government unit shall determine the populated places referred to in Article 10 of this Law, within six months from the day of entry into force of this Law.
Article 25
This Law shall enter into force on the eighth day from the date of its publication in the "Official Herald of the Republic of Serbia".
PUBLISHER’S NOTE
* Article 24 of the Law on the Protection of the Rights and Freedoms of National Minorities ("Off. Gazette of the FRY", No. 11/2002) ceased to be valid on 11 September 2009, on the day of entry into force of the Law on National Councils of National Minorities ("Off. Herald of the RS", No. 72/2009).
** The provisions of Article 17, paragraph 2 of the Law on the Protection of the Rights and Freedoms of National Minorities ("Off. Gazette of the FRY", No. 11/2002, "Off. Gazette of the SM", No. 1/2003 - Constitutional Charter and "Off. Herald of the RS", No. 72/2009 - other law), in the part that reads: "and may also establish special radio and television stations that would broadcast programs in the languages of national minorities", ceased to be valid based on the Decision of the CC, IUZ number 27/2011 of October 3, 2013, published in the "Off. Herald of the RS", No. 97/2013 of November 6, 2013.