MINELRES: Newsletter no. 9: Minority Rights Information System (MIRIS)

minelres@lists.microlink.lv minelres@lists.microlink.lv
Thu Jun 9 16:45:22 2005


Original sender: Sergiu Constantin <Sergiu.Constantin@eurac.edu>


Dear colleagues and friends,

This is the ninth MIRIS newsletter which contains some of the most
relevant documents that have been stored recently in the Minority Rights
Information System (MIRIS). Please, click on the blue titles of the
documents in order to see the full text.

At the moment, around 4000 documents on national minorities, from 35
European countries, are stored in MIRIS and can be easily accessed on
the website: http://www.eurac.edu/miris

The use of the database is free of charge. 

Any comments and suggestions from your side are very welcome! 

The MIRIS Team
______________________________________________________
 
 
Selection of recently added documents in MIRIS (Newsletter 9 - May/June
2005) - www.eurac.edu/miris 


DOMESTIC LEGISLATION/REGULATION

POLAND

Act on National and Ethnic Minorities and on Regional Language - May 1,
2005 - in Polish 

The law defines the terms "national minorities" and "ethnic minorities".
Following these definitions it recognises 9 national minorities
(Belarussians, Czechs, Lithuanians, Germans, Armenians, Russians,
Slovaks, Ukrainians, Jews) and 4 ethnic minorities (Karaites [Karaimi],
Lemkos [Lemkowie], Romas, Tatars) in Poland. The Act also introduces a
separate category, i.e. a regional language, that in the meaning of this
Act is the Kashubian [Kaszubski] language. According to the law,
individual members of a minority have the right to spell their names and
surnames according to the orthographies of their own language, to learn
the minority language and to use it freely in public and private life.
In communes (the lowest local administrative territorial unit) where the
minority comprises more than 20 percent of the population, its language
may be used as a supplementary language in public offices and used in
the names of localities, sites, and streets (with the exception of those
names which were given by the Third Reich or the USSR between 1933-45).
Public authorities are obliged by the law to support cultural,
publishing, and educational activities of minorities, including through
subsidies. 

ROMANIA

Law on the use of the Romanian language in public places, relations and
institutions - November 17, 2004 - in English 

The law provides that any written or spoken Romanian text intended for
the public must comply with current grammar and spelling rules. It
defines the term "text of public interest" as any text used for an
official purpose. The provisions of the law do not apply to registered
trademarks, texts of a scientific, artistic/literary, cultural or
religious nature, or to publications produced entirely or partly in
foreign languages, including publications in the languages of ethnic
minorities. Local and regional broadcasters can transmit radio
programmes, live broadcasts, sections of programmes with religious or
ethnographic content and entertainment programmes in the languages of
Romania's national minorities. 

SLOVENIA

Act on Public Usage of Slovenian Language - August 20, 2004 - in English 

The law stipulates that Slovenian shall be the language to be used in
oral and written form in public life situations except when Italian and
Hungarian are official languages in accordance with the Constitution of
Slovenia, and when the provisions of international treaties that are
binding for the Republic of Slovenia specifically allow also the usage
of other languages. 

GERMANY (Land of Schleswig-Holstein)

Act promoting Frisian in the public domain - November 11, 2004 - in
English, German, Frisian 

The law stipulates that, in certain areas, citizens may address the
public authorities in the Frisian language, written and orally, and may
receive the answer in the Frisian language if this does not prejudice
the rights of third parties or the legal capacity of other public
administration authorities. The public notices of the administration may
be bilingual German and Frisian, as well as the names on the public
buildings and the toponyms. 

TURKEY

Regulation concerning radio and television broadcasts in languages and
dialects used traditionally by Turkish citizens in their daily lives -
January 25, 2004 - in English and Turkish 

The law extends the possibility of broadcasting programmes in languages
other than Turkish to radio and television channels which broadcast
nationally. However, such broadcasts are limited to news, music, and
cultural programmes for adults. No broadcasts can be made towards the
teaching of these languages and dialects. Furthermore, broadcasting time
is limited. 

CASE-LAWS

BULGARIA

Supreme Holy Council of the Muslim Community v. Bulgaria - December 16,
2004 - in English 

The applicant complained, under Article 9 (freedom of religion), that
the Bulgarian authorities intervened in the affairs of the Muslim
community by organising and manipulating the October 1997 Muslim
Conference in support of a rival faction. The applicant also relied on
Articles 13 (right to an effective remedy), 6 (right to a fair hearing)
and 14 (prohibition of discrimination) The Court held unanimously that
there had been a violation of Article 9 (freedom of religion) of the
European Convention on Human Rights and no violation of Article 13
(right to an effective remedy) of the Convention. 

TURKEY

Adali v. Turkey - March 31, 2005 - in English 

The applicant alleged, in particular, that her husband was killed by the
Turkish and/or "Turkish Republic of Northern Cyprus (TRNC)" agents and
that the authorities had failed to carry out an adequate investigation
into his death. She further contended that, following the death of her
husband, she had been subjected to harassment, intimidation and
discrimination by the "TRNC" authorities. She relied on Articles 2, 3,
6, 8, 10, 11, 13, 14 and 34 of the Convention. The Court held:
unanimously, that there had been no violation of Article 2 (right to
life) of the European Convention on Human Rights concerning the killing
of the applicants husband; by six votes to one, that there had been a
violation of Article 2 concerning the lack of an effective investigation
into the killing; unanimously, that there had been no violation of
Articles 3 (prohibition of degrading treatment), no violation of Article
8 (right to respect for family life) and no violation of Article 14
(prohibition of discrimination); by six votes to one, that there has
been a violation of Article 13 (right to an effective remedy) concerning
the complaints raised under Article 2; unanimously, that there had been
no violation of Article 13 concerning the complaints raised under
Articles 3, 8 and 14; unanimously, that there had been no violation of
Article 34 (right of individual petition); unanimously, that it was not
necessary to examine whether there had been a violation of Article 10
(freedom of expression); unanimously, that there had been a violation of
Article 11 (freedom of assembly). 

REPORTS

ROMANIA

Final Report of the International Commission on the Holocaust in
Romania, November 11, 2004 - in English 

The Commission's aim was to research the facts and to determine the
truth about the Holocaust in Romania during World War II, and the events
preceding this tragedy. The results of the research by the Commission
are presented in this Report, based exclusively on scientific standards. 

INTERNATIONAL ORGANIZATIONS DOCUMENTS

COUNCIL OF EUROPE

Advisory Committee on the Framework Convention for the Protection of
National Minorities: Second opinion on Croatia - made public on April
13, 2005 - English 

Advisory Committee on the Framework Convention for the Protection of
National Minorities: Second opinion on Moldova - made public on May 24,
2005 - English 

Advisory Committee on the Framework Convention for the Protection of
National Minorities: Second opinion on Denmark - made public on May 11,
2005 - English 

EUROPEAN UNION

European Parliament Resolution on the situation of the Roma in the
European Union - April 28, 2005 - in English 

European Parliament resolution on Mari El (Mari Republic, Russian
Federation) - May 12, 2005 - in English 

MINORITY INFO

Roma/Gypsies
In Search of Happy Gypsies: Persecution of Pariah Minorities in Russia -
May 11, 2005 - in English 

Muslims
Report on Intolerance and Discrimination against Muslims in the EU -
March 7, 2005 - in English 

 
Sergiu Constantin
researcher
_______________________
EURAC research
Viale Druso/Drususallee 1
39100 Bolzano/Bozen
Italy

Tel. +39 0471 055223
Fax  +39 0471 055299 
Email: sergiu.constantin@eurac.edu
Website:
www.eurac.edu

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