IV        Implementation of the articles of the Convention

IV.I

Article 1

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation. 

Article 2

The provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation between States.

National legislation (pursuant to the articles 1 & 2 of the FCNM):

The Constitution of the Republic of Croatia

Article 140

International agreements concluded and ratified in accordance with the Constitution and made public, and which are in force, shall be part of the internal legal order of the Republic of Croatia and shall be above law in terms of legal effects. Their provisions may be changed or repealed only under conditions and in the way specified in them or in accordance with the general rules of international law.

Constitutional Law on the Rights of National Minorities

Article 1.

The Republic of Croatia, in accordance with:

- the Constitution of the Republic of Croatia,

- the principles of the Charter of the United Nations,

- the General Declaration on the Rights of a Man, International Pact on Civil and Political Rights, International Pact on Economic, Social and Cultural Rights,

- the Final Act of the Organisation for Security and Co-operation in Europe, the Paris Charter for New Europe and other OSCE documents related to the rights of a man, especially the Document of the OSCE Copenhagen Meeting on Human Dimension and the Document of the OSCE Moscow Meeting on Human Dimension,

- the Convention of the Council of Europe for Protection of the Rights of a Man and Fundamental Freedoms, as well as the Protocols with this Convention,

- the International Convention on the Repeal of all Forms of Racial Discrimination, the Convention on the Prevention and Penalising of the Crime of Genocide, the Convention on the Rights of a Child,

- the Declaration on the Repeal of all Forms of Intolerance and Discrimination on the Grounds of Religion and Conviction,

- the Convention on Fighting against Discrimination in the Area of Education,

- the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities,

- the Framework Convention of the Council of Europe for the Protection of National Minorities,

- the European Charter on Regional and Minority Languages,

- the European Charter on Local /Settlement/ Self-government,

- the SEI instruments for the protection of minority rights,

- the Lund Recommendation on the Efficient Participation of National Minorities in Public Life

shall take an obligation to respect and protect the rights of national minorities and other fundamental rights and freedoms of a man and citizen, the rule of law and all other highest values of its constitutional and international legal system, with respect to all its citizens.

Article 2.

Apart from human rights and freedoms which are recognised by constitutional provisions, the Republic of Croatia also recognises and protects all other rights foreseen in the international documents as per Article 1 of this Constitutional Law, depending on the exceptions and limitations foreseen in these documents, without discrimination on the basis of sex, race, the colour of skin, language, professing of religion, political and other conviction, national and social origin, connection with a national minority, ownership, the status inherited by birth or pursuant to some other basis, in compliance with Articles 14 and 17, Paragraph 3 of the Constitution of the Republic of Croatia.

Article 40.

Nothing contained in this Constitutional Law shall be interpreted as if it includes any right to perform any kind of activity or conduct acts contrary to the fundamental principles of the international law, and in particular the sovereignty, unity, territorial integrity and independence of the Republic of Croatia.

Article 41

This Constitutional Law shall neither change nor abolish the rights of national minorities acquired on the basis of international agreements which are, pursuant to the Constitution of the Republic of Croatia, a part of the internal legal system of the Republic of Croatia.

Comments referring to the implementation of the Articles 1 and 2 of the FCNM:

- The Republic of Croatia set both formal and legal frames within its national legislation for the adequate implementation of the Articles 1 and 2 of the FCNM. Nevertheless, considering the problems in implementation of the provisions of the Convention presented in this report and a great engagement and influence of the international community in so far positive examples in areas of protection of human and minority rights in the Republic of Croatia, it yet remains to be seen up to what level the provisions of the Convention are being implemented in a “good faith”.