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Article 15 Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, In particular those affecting them.
In accordance with the entire Legal System of the Republic of Croatia members of national minorities have equal rights with other Croatian citizens in participating in the cultural, social and economic activities and public affairs.
From the jurisdiction of the Ministry of Public Administration The question of representation of national minorities in the Parliament of the Republic of Croatia .as well as representative bodies of units of local self- government and administration was fully resolved by the electoral regulations of the Republic of Croatia, namely the Law on the Election of Representatives in the Parliament (Sabor) of the Republic of Croatia ("The National Gazette", No 1/92, 22/92, 30/93, 11/94, 68/95 and 108/96), and the Law on the Election of Representative Bodies of Local Self- Government and Administration Units. ("The National Gazette", No.90/92, 69/95 and 59/96). Members of the national minorities elect 8 representatives to the Croatian Parliament - Sabor .Members of national minorities with the share of the population exceeding 8% according to the population census from 1981, are entitled to being proportionally represented in the Croatian Parliament The basis for the computation of their proportional representation in the House of Representatives shall be the number 120 representatives in the House. Members of national minorities whose participation in the population of the Republic of Croatia is below 8% shall be entitled to elect at least of five representatives to the House of Representatives of the Parliament of the Republic of Croatia, and one of them shall have to be elected by the members of each: Hungarian, Italian, Czech, Slovakian, Russinian and Ukrainian, and German and Austrian minorities We also draw attention to Article 58a. from the Law on the Elections of Representatives in the Parliament (Sabor) of the Republic of Croatia by which it is legislated that 127 representatives shall be elected in the House of Representatives in the Croatian Parliament Sabor, until the results of the population census are published. Until the results of the population census are published members of national minorities shall elect 8 representatives, 3 from members of the Serbian minority. The other five representatives shall be elected from the members of Hungarian, Italian, Czech, and Slovakian, as well as Ruthenian and Ukrainian, German and Austrian minorities, in special electoral units which are determined by the Law on Electoral units constituency for the House of Representatives Sabor. If elections for the representatives in the House of Representatives of the Parliament of the Republic of Croatia don't achieve proportionality of national minorities which is required the number of representatives in the House of Representatives would increase by one, to provide proportional representation. It is very difficult to determine the exact number of members of national minorities in the Republic of Croatia because of the demographic changes, and gradual depopulation mostly of Croatian nationalities. After the elections for the County Assembly of the Croatian Parliament (Sabor) which took place on April 13, 1997, the President of the Republic of Croatia appointed two representatives to the County Assembly exercising his right to appoint five representatives to the County Assembly of the House of Representatives. The Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia in Article 19., legislated that members of national and ethnic communities or minorities are entitled to be represented in the bodies of local self- government in proportion to their share in the total population of a particular local self- governing unit. Since Paragraph 2. Article 19 of the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia legislates that these rights shall be guaranteed by the Law which regulates local self- government and by the Unit Statute of the Local self- government provisions on ensuring proportional representation of national minorities in representative bodies of local self-government that is units of local administration and self- government, they are incorporated in the Law on the Elections of Representative Bodies of Local Self- Government and Administration Units. The representation of national minorities in representative bodies of municipalities, cities and counties is ensured by the number of national minorities in the electoral bodies and whether the share of the national minority in the population of Croatia is above or below 8%. Both political parties and constituents can participate in the election of representative bodies. In order to be able to participate in elections, nominate their own candidates and party voting lists Political parties have to be registered in the Republic of Croatia. Voters have to have residency in the Republic of Croatia and have to be entered on voting lists in there place of residency whether they are nominating a candidate or list. If there are 8% or more than 8% of Croatian citizens .members of national minorities in the electoral bodies of the local self- government units or local administration units they shall have a right to be represented in the representative bodies of that same local self-government unit or local administration unit.
Full protection against all forms of racial discrimination is ensured through the Constitution, the Constitutional Law on Human rights and freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia, Criminal Law of the Republic of Croatia, Principle Criminal law of the Republic of Croatia and other Laws (e.g. the Law on Local Self- Government and Administration, the Law on the Elections of Representatives in the parliament (Sabor) of the Republic of Croatia, the Law on the Election of Representative Bodies of Local Self- Government and Administration Units, the law on the Government of the Republic of Croatia, the Law on Croatian Radio and Television, the Law on Elementary Schools, the Law on High Schools, the Law on Education in the Languages of Nationalities, and numerous other Regulations. It's a matter of free will of every individual whether they want to take an active part in the public life of the community as a member of a national minority or like other citizens, and contribute in solving problems with which the community is confronted. From the jurisdiction of the Ministry of Culture Some of the cultural activities of the minority communities are financed from the state budget as part of the entire state activities in this area through the Ministry of Culture. From the jurisdiction of the Office for National Minorities of the Government of the Republic of Croatia The greater part of cultural activities of the associations of national minorities are financed from the state budget, through this Office.
From the Constitution of the Republic of Croatia Article 15. "Members of all nations and minorities shall have equal rights in the Republic of Croatia.
From the Constitutional Law on Human Rights and Freedoms and the Rights of National and Ethnic Communities or Minorities in the Republic of Croatia. Article 1. The Republic of Croatia "� pledges to respect and protect national and other fundamental human rights and freedoms, the rule of law, and other supreme values of its constitutional and international legal system for all its citizens " Article 2. The Republic of Croatia fully recognizes and protects human rights and freedoms, and especially .... lj) "all other rights provided by the international instruments, from Article 1 of this Law, depending only on the exceptions and restrictions enumerated in those instruments, without any discriminations based on sex, race, colour, language, religion, political and other beliefs, national and social background, cultivating links with a national minority, property, status achieved by birth or otherwise (Articles 14 and 17, paragraph 3 of the Constitution)" Article 3. "The Republic of Croatia protects the equality of national and ethnic groups or minorities and thus encourages their universal development." Article 11. "Members of national and ethnic communities or minorities are free to found cultural and other societies aimed at preserving their national and cultural identity. These societies are autonomous and the Republic of Croatia and local self- governing bodies provide financial support in accordance with their financial resources." Article 18. "Members of national and ethnic communities or minorities whose share in the population of the Republic of Croatia is below 8% are entitled to electing a total of five representatives to the House of Representatives of the Croatian parliament." Representatives from paragraph 2 of this Article are representatives of all ethnic and national communities and minorities which elected them, and are therefore obliged to protect their interest. "The procedure of electing and recalling the representatives from 1 and 2 of this Article will be regulated by electoral laws and other provisions regulating elections in the Republic of Croatia." Article 19. "Members of national and ethnic communities or minorities are entitled to be represented in the bodies of local self-government in proportion to their share in the total population of a particular local self- governing unit. The right stated in Paragraph 1 of this Article is guaranteed by the Law which regulates local self- government and by the Unit Statute of the Local Self- government." Article 20. "In order to apply the provisions of this Law of the rights of ethnic and national communities or minorities on culture, education, access to media and to realize their proportional representation in public agencies and other institutions in these areas, the Government of the Republic of Croatia has its Inter- ethnic Relations Office. For the territory of one or more municipalities where the number of the members of national minorities and their interests require so, the Government of the Republic of Croatia will establish local Inter ethnic Relations Offices." Article 59. "The Republic of Croatia shall cooperate and seek counsel, directly or through the mixed committees with governments and other institutions of interested states for full realization of human rights and the rights of the national and ethnic communities or minorities." The Law on the Elections of Representatives in the Parliament (Sabor) of the Republic of Croatia Article 10. "Members of ethnic and national communities or minorities, with the share of the population of the Republic of Croatia exceeding 8% as per the population census from 1981, shall be entitled to be represented in the Parliament proportionally to their respective participation in the overall population in the manner as provided by the Law. The basis for the computation of their proportional representation in the House of Representatives shall be the number of 120 representatives in the House. Members of ethnic and national communities or minorities whose participation in the population of the Republic of Croatia is below 8% shall be entitled to elect at least 5 representatives in the House of Representatives of the Parliament of the Republic of Croatia, and one of them shall have to be elected by the members of each Hungarian, Italian, Czech and Slovakian, as well as Russinian and Ukrainian, German and Austrian minorities." Article 19. In the period of the electoral campaign, the Croatian Radio- Television shall be obliged, within the framework of its radio and television programs, to enable all political parties, minority communities from Article 10, Paragraph 2 hereof, participating in the elections for representatives, to present their electoral programs in equal portions of time. All mass media shall be obliged to enable all political parties and minority communities from Article 10 paragraph 2 hereof, participating in the elections for representatives, and candidates for representatives, to present their programs and conduct their electoral campaign under equal conditions." Article 22. "124 representatives shall be elected into the House of Representatives of the Parliament of the Republic of Croatia (hereinafter referred to as the House of Representatives). The number of the representatives of the House of Representatives may be increased in conformity with the conditions from Article 26 hereof." Article 23. "32 representatives shall be elected in the House of Representatives in electoral units, and one representative shall be elected in each of them. Twenty-eight representatives shall be elected in electoral units, and one shall be elected in each of them on the approximately equal number of electors. One representative in the House of Representatives shall be elected by the members of each, Hungarian, Italian, Czech and Slovakian, Ruthenian and Ukrainian, as well as German and Austrian minorities in special electoral units which are defined by the Law on Electoral Units for the House of Representatives of the parliament of the Republic of Croatia. Regardless whether one or more candidates take part in the elections, the candidates obtaining the largest number of votes of the voters who have cast their ballots shall be elected representative. If two or more candidates obtain equal number of votes, the elections shall be repeated." Article 26. If the representation of ethnic and national communities and minorities, as required under Article 10 hereof, is not reached for the elections for the representatives in the House of representatives, the number of the representatives of the House of Representatives shall increase up to the number which is needed for the required representation to be attained, and the members of a certain community or a minority, who have been put up on state list, but have not been elected; shall be considered as elected representatives in the order corresponding to the proportional success of each individual list in the elections. If it is impossible to attain the required representation of communities or minorities in the manner as provided by the preceding Paragraph, the President of the Republic of Croatia shall call By-elections in that number of special electoral units as required for the attainment of the proportion. By- elections shall have to take place within 60 days from the date of the first session of the newly elected houses of parliament." The Law on the Changes and Amendments to the Law on the Elections of Representatives in the Parliament of the Republic of Croatia Article 27. Following Article 58., under the subtitle "Transitional and Final Provisions" a new Article 58a is added. It reads as follows: Article 58a. Until the results of the elections of the Republic of Croatia are announced Article 10, Article 22., Article 23. Paragraph. 1 and 3. And Article 26. of this Law are not applied. In the House of Representatives, in the period from Paragraph 1 of this Article 127 representatives are elected. In elections for the House of Representatives in the period from Paragraph 1 of this Article members of ethic and national communities or minorities are entitled to elect 8 representatives to the House of Representatives. Members of the Serbian ethnic community or minority elect 3 representatives in such a manner that the territory of the entire Republic of Croatia makes one electoral unit. Between all candidates in the electoral unit the 3 that received the largest number of votes of the voters, and in that order, shall be elected representative. If it is impossible to determine which 3 candidates got elected because of an equal number of votes, the elections shall be repeated. One representative in the House of Representatives shall be elected by members of each, Hungarian, Italian, Czech and Slovakian, Ruthenian and Ukrainian, as well as German and Austrian minorities in special electoral units for the House of Representatives of the parliament of the Republic of Croatia in conformity with the conditions specified in Article 23. Paragraph 4 of this Law. If the representation of ethnic and national communities and minorities as required under Paragraph 3. of this Article is not reached in the election for the representatives in the House of Representatives, the number shall increase for one in order to obtain the required representation. The member from the state list that received the most votes but was not elected shall be considered the representative in the House of representatives. Tine Law on Electoral Units for the Election of Representatives to the House of Representatives of the republic of Croatia (Sabor) Article 3. Seven Representatives to the House of Representatives of the Republic of Croatia are elected by the members- of national minorities, determined by this Law, in separate electoral units. Article 7. 1. Electoral unit Buje- Italian national minority
From the jurisdiction of the Ministry of Public Administration The Constitution guarantees human rights and freedoms of each individual. The Constitution designated a significant role to the Constitutional Court of the republic of Croatia in the area of protection of human rights and rights of the national minorities. According to rights and freedoms of its citizens. The Constitutional Court has a significant role in supervising the legality of the implementation of parliamentary, local and presidential referendums and elections. Individuals that consider their rights to have been violated, especially the rights of members of national minorities, (e.g. the right to vote for their representative), can submit a constitutional complaint to the Constitutional Court in order to establish the violation and realize their rights.
The Republic of Croatia is the signatory of International Agreements and Conventions which guarantee human right and freedoms. In addition, with the acceptance of rights and liabilities which are derived from the membership in the European Council, Croatia has accepted other mechanisms for the protection of human rights and freedoms, which include the protection of the rights guaranteed to national minorities From the jurisdiction of the Office for National Minorities see answer to Articles 5. And 10. From the jurisdiction of the Ministry of Culture During 1998 the Ministry of Culture financed part of the Programs of national minorities. Their participation was follows:
According to the Decision of the Government of Croatia from September 24,1998, an additional sum of 1,323.000,00 was allocated for investment programs and for the financial rehabilitation and re- establishment of cultural institutions of national minorities.
In the Croatian Parliament one representative of the national minorities was elected as Chairman of the Committee for Human Rights and National Minorities in the House of Representatives of the Croatian Parliament (representative of Ruthenians and Ukrainians, Germans and Austrians), while the representative of the Serbian minority performs the duty of Chairman of the Subcommittee for National Minorities in the Committee for Human Rights and National Minorities in the House of Representatives of the Croatian parliament. From the Jurisdiction of the Office for national Minorities Of the Government of Croatia In 1997 members of national minorities elected their representatives to the Council of National Minorities, coordinated their Decision on founding the Council, and began functioning as such. That permitted an open dialogue between national minorities and the Government. The Council of the minorities as an non-governmental organizations NGO) cooperates with representatives of national minorities in the Croatian Parliament. It is a complementary and not an alternative institution to the elected representatives of national minorities in the Croatian Parliament. The Council watches over the implementation of the policy regarding the preservation and promotion of the protection of national minorities and presents its point of view on all legislative proposals and regulations for the protection of national minorities. It sends its opinions, demands and suggestions to the Croatian Parliament and Government and to the bodies of these institutions for consideration and resolution, it also cooperates with other state and international institutions. The Council elected the representative of the Jewish minority for its president, and the representative of the Czech minority for its vice president.
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