ZAGREB, April 12 (Hina) - The Constitutional Court has established that it is not contrary to the Croatian Constitution that national and ethnic minorities in the country, which account for over eight percent of the entire population,
can have the proportional representation in the parliament, the government and other bodies of the state authorities, and that minorities with a smaller percent can have at least five and not more than seven representatives in the said bodies. The Croatian Pure Party of Rights (HCSP), contended that the minorities could be entitled to such a right and requested the Constitutional Court to examine whether the 'contentious' provision of the Constitutional Law on human rights and freedoms and on the rights of ethnic and national communities and minorities was in compliance with the Constitution. This right-wing party maintained that some citizens could not be entitled to
ZAGREB, April 12 (Hina) - The Constitutional Court has established
that it is not contrary to the Croatian Constitution that national
and ethnic minorities in the country, which account for over eight
percent of the entire population, can have the proportional
representation in the parliament, the government and other bodies
of the state authorities, and that minorities with a smaller
percent can have at least five and not more than seven
representatives in the said bodies.
The Croatian Pure Party of Rights (HCSP), contended that the
minorities could be entitled to such a right and requested the
Constitutional Court to examine whether the 'contentious'
provision of the Constitutional Law on human rights and freedoms
and on the rights of ethnic and national communities and minorities
was in compliance with the Constitution. This right-wing party
maintained that some citizens could not be entitled to special
rights only because they were of the specific national descent.
The HCSP cited the Constitution's first article under which the
right to elect representatives in the bodies of authority belongs
only to the community of all citizens and not to some specific group
which is a part of people.
The Constitutional Court's judges unanimously refuted the HCSP's
proposal, and cited provisions of the Council of Europe's framework
convention on the protection of national minorities, which Croatia
ratified in 1997 and which is beyond the national legal acts.
The judges maintain that the application of the principle of the
positive discrimination was not contrary to the constitution. In
addition, the principle presents a step forward in the protection
of minority rights.
According to the judges, the Constitution allows that besides
general suffrage, members of minorities can be entitled to elect
their representatives to the Sabor and this right may be regulated
by a law.
(hina) sb ms