IV        Implementation of the articles of the Convention

IV.X

Article 12

1. The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

2. In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3. The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

National legislation (pursuant to the Article 12 of the FCNM):

Constitutional Law on the Rights of National Minorities

Article 11 & 15 (see under Item IV.III National legislation)

The Law on Upbringing and Education in the Language and Script of Ethnic

Comments on the implementation of the Article 12 of the FCNM:

- In accordance with the Constitutional Law, for the purpose of preservation, development, promotion and expression of their own national and cultural identity, persons belonging to national minorities may establish associations, endowments and foundations, as well as institutions for the performance of public information activities, cultural, publishing, museum, archival, library and scientific activities. the Law also stipulates that institutions of higher education may organise the conduct of the programme of education of school counsellors and teachers for the performance of tasks of education in the language and script used by national minorities in a part containing specific qualities of a national minority (mother tongue, literature, history, geography and cultural creativity of a national minority).

- In practice, some minority communities face the problem of adjustment or provision of (adequate) textbooks in minority languages when creating, adjusting to specific needs and adopting plans and programs for education of national minorities and ensuring human recourses trained to teach in minority language.[1] In the beginning of academic year 2003/2004, the moratorium on teaching history of former Yugoslavia for the period 1989 – 1995 that was introduced in 1997 for the students, ethnic Serbs in former UNTAES area expired. The Ministry of Education and representatives of Joint Council of Municipalities (Serbian organisation established in accordance with the Letter of Intent by the Republic of Croatia on completion of the process of peaceful reintegration under the UNTAES administration in 1997) agreed to produce special separate history textbooks, in order to have a more impartial and better balanced viewing of the recent history, the time prior to the 1991 – 1995 war period. Those materials are to be designed for the students of Serbian ethnicity. Joint Council of Municipalities insisted on “impartial establishment of historical facts”. The working group on separate textbooks included both Serbian and Croatian experts.[2] Separate textbooks have not yet been produced. Independent analyses of particular primary and secondary school textbooks still reflect signs of intolerance and negative prejudices against minorities.[3] For example, the analyses of one science textbook for the first grade of primary school “From Home to School” by Jadranka Žderić published in 2000 says that “...insisting, exclusively, on Roman Catholic holidays without contextual sing showing that there also others is followed by questions on how Christmas is celebrated within the family. This must be traumatic for children that are not Roman Catholics. The question: “How do you celebrate Christmas?” violates the right to privacy”. The analyses of one history textbook for the 8^th grade of primary school by the author Mrs. Vesna Đurić published in 2000 says that: “ the students are being served (historical) forgeries... any criticism is impossible” and recommends for the textbook in question to be eliminated for “ many lies and manipulations which mislead the students in terms of history and coexistence[4] Roma children and students face problems of discrimination and segregation in schools. “ An estimated 10 percent of Croatian Roma children begin primary school, and of these only approximately 10 percent go on to secondary school. International and local NGOs remained concerned about the practice of holding separate classes (allegedly of lower quality) for Roma students in northern Croatia. In May, the European Centre for Roma Rights (ECRR) lodged a pre-application letter against Croatia with the European Court of Human Rights in Strasbourg related to the case of segregated classes in Medjimurje. In 2002, the Cakovec County Court confirmed a municipal court's verdict, which rejected a complaint by 15 parents of Roma students who charged the Ministry of Education, Medjimurje County, and four primary schools for operating segregated classes. ECRR filed the pre-application to bring the matter before the European Court should the Croatian Constitutional Court rule against their appeal.

In March, more than 100 residents of the village of Drzimurec–Strelec protested against the building of a new wing of a primary school for Roma children, who constitute a majority in the first four grades. County authorities said they would not give up the project and that construction, delayed for technical reasons, was scheduled to begin in 2004. A school in Medjimurje held both mixed and integrated classes; however, it fell short of the constitutionally guaranteed right of all citizens to equal education regardless of ethnicity.”[5]

- On teaching of religion (religious classes) see under Item  IV.VI.