The law on national and ethnic minorities and regional languages
Polish News Bulletin
Feb 16, 2005
Dated 6 January 2005
Journal of Laws No 17, item 141 – Chapter 1 General provisions
Art.1. This law sets down affairs connected with preserving and developing
the cultural identity of national and ethnic minorities and preserving and
developing regional languages as well as the method of realizing the principle of
equal treatment of persons irrespective of ethnic origin and sets down the
tasks and authority of public administration organs and territorial local
government organs in this scope.
Art.2.1. National minorities pursuant to this law shall be a group of Polish
citizens satisfying the following conditions:
1) is less numerous than the remaining part of the population of Poland;
2) essentially differs from other citizens by language, culture or tradition;
3) strives to preserve its language, culture or tradition;
4) is conscious of its own historical national community and is directed at
its implementing and protection;
5) its ancestors resided in the present territory of Poland for at least 100
years;
6) identifies with the nation organized in its own country.
2. The following shall be recognized national minorities:
b) Byelorussian;
c) Czech,
d) Lithuanian;
e) German;
f) Armenian;
g) Russian;
h) Slovakian;
i) Ukrainian;
j) Jewish.
3. Ethnic minorities pursuant to this law shall be a group of Polish citizens
which satisfies jointly the following conditions:
1) is less numerous than the remaining part of the population of Poland;
2) essentially differs from other citizens by language, culture or tradition;
3) strives to preserve its language, culture or tradition;
4) is conscious of its own historical national community and is directed at
its implementing and protection;
5) its ancestors resided in the present territory of Poland for at least 100
years;
6) does not identify with the nation organized in its own country.
4. The following shall be recognized as ethnic minorities:
1) Karaite;
2) Lemko;
3) Roma;
4) Tatar.
Art. 3. Whenever this law reefers to:
1) minorities ? this shall mean national and ethnic minorities referred to in
art. 2;
2) minority language ? this shall mean the own language of national and
ethnic minorities referred to in art. 2.
Art.4.1. Any person belonging to minorities holds the right to free decision
on treatment of the person as a person belonging or not belonging to
minorities and such a choice or enjoying rights connected with such choice shall not
cause any unfavorable effects.
2. No one shall be obligated other than pursuant to the law to disclose
information on own affiliation to minorities or to disclose their origin, minority
language or religion.
3. No one shall be obligated to prove their own affiliation to the given
minority.
4. Persons belonging to minorities may enjoy rights and freedoms arising from
principles contained in this law individually as well as jointly with other
members of their minority.
Art.5.1. The use of measures for the purpose of assimilating persons
belonging to minorities shall be banned, where the measures are used against their
will.
2. The use of measures for the purpose of changing the national or ethnic
proportions in areas populated by minorities shall be banned.
Art. 6.1. Discrimination arising from affiliation with minorities shall be
banned.
2. Public administration organs shall undertake the proper steps to:
1) support the full and authentic equality in the sphere of economic, social,
political and cultural life between persons belonging to minorities and
persons belonging to the majority;
2) protect persons who are the subject of discrimination, hostility or
violence being the result of their affiliation with minorities;
3) strengthen intercultural dialog. – Chapter 2The use of minority languages
Art. 7.1. Persons belonging to minorities hold the right to use and spell
their names and surnames pursuant to the principles of spelling of the minority
language in particular in the civilian register and identity documents.
2. Names and surnames of persons belonging to minorities spelled in an
alphabet other than Latin shall be transliterated.
3. The minister proper for public administration in agreement with the
minister proper for religion and national and ethnic minorities shall set down, by
ordinance, the method of transliterating referred to in sec. 2 taking into
account the principles of spelling of the minority language.
Art. 8. Persons belonging to minorities shall in particular hold the right
to:
1) the free use of minority languages in private and public;
2) disseminate and exchange information in the minority language;
3) place information of a private nature in minority languages;
4) learn minority languages or in minority languages.
Art. 9.1. Minority languages may be used as auxiliary languages apart from
the official language before gmina organs.
2. Auxiliary languages may be used only in gminas in which the number of
gmina citizens belonging to minorities the language of which is to be used as
auxiliary is not lower than 20% of the total population of the gmina and which are
entered to the Official Gmina Register in which the auxiliary language is
used, hereinafter referred to as the “Official Register”.
3. The possibility of using auxiliary languages shall mean that persons
belonging to minorities, save for sec. 5, hold the right to:
1) apply to gmina organs in auxiliary languages in writing or orally;
2) receive, on express application, replies also in the auxiliary language in
writing or orally.
4. Submitting applications in auxiliary languages is admissible. Submitting
applications in auxiliary languages shall not constitute a defect causing
non-examination of the application.
5. Appeal proceedings shall be conducted only in the official language.
6. No one shall avoid performance of legal orders or decisions issued in the
official language where circumstances require their immediate enforcement in
order to achieve their aim.
7. Doubts shall be resolved pursuant to documents prepared in the official
language.
Art. 10.1. Entries to the Official Register shall be made by the keeper of
the Official Register, the minister proper or religion and national and ethnic
minorities pursuant to gmina council applications.
2. Applications referred to in sec. 1 shall include in particular the
official data on the gmina population including the number of citizens belonging to
minorities whose language is to be used as an auxiliary language and a gmina
council resolution on expressing consent for introducing the auxiliary language
with an indication of the minority language which is to be the auxiliary
language.
3. Prior to entry to the Official Register the minister proper for religion
and national and ethnic minorities shall verify applications referred to in
sec. 1. The minister proper for religion and national and ethnic minorities may
refuse entry to the Official Register where applications do not satisfy
requirements referred to in sec. 2.
4. The minister proper for religion and national and ethnic minorities shall
refuse entry to the Official Register where the number of gmina citizens
belonging to minorities whose language is to be used as an auxiliary language is
lower than 20% of the total number of gmina citizens.
5. Refusals to enter to the Official Register may be appealed by the gmina
council to the administrative court.
6. The minister proper for religion and national and ethnic minorities on
gmina application shall delete the gmina from the Official Register.
7. The minister proper for religion and national and ethnic minorities shall
determine, in agreement with the minister proper for public administration, by
ordinance, the method of keeping the Official Register and the specimen
application referred to in sec. 1 taking into account in particular data enabling
the univocal identification of the gmina (name of voivodship, poviat, gmina)
and information referred to in sec. 2
Art. 11.1. Supplements may be granted to employees of gmina offices, gmina
auxiliary units and gmina budget units and plants for knowledge of the auxiliary
language in force in the gmina area in gminas entered to the Official
Register. The principles of granting supplements and their level are set down by
provisions on the principles of remunerating local government employees.
2. Knowledge of auxiliary languages shall be confirmed by diploma or
certificate.
3. The minister proper for religion and national and ethnic minorities in
agreement with the minister proper for education shall set down, by ordinance,
the list of diplomas and certificates referred to in sec. 2 taking into account
all minority languages.
Art. 12.1. Additional traditional names in minority languages may be used
beside:
1) official names of localities and physiographic objects,
2) street names
– in Polish pursuant to separate provisions.
2. Additional names referred to in sec. 1 may be used only in the areas of
gminas entered to the Register of gminas kept by the minister proper for
religion and national and ethnic minorities in the area of which names in minority
languages are used, hereinafter referred to as the “Register of gminas”. Entries
to the Register of gminas shall be made by the minister proper for religion
and national and ethnic minorities on application of gmina councils in the area
of which the names are to be used, save for sec. 7 and art. 13 sec. 1 ? 7.
3. Additional names referred to in sec. 1 shall not have reference to names
from the period of 1933 ? 1945 granted by German Third Reich authorities or the
USSR.
4. Additional names referred to in sec. 1 may be introduced in the whole
gmina area or in particular localities.
5. Additional names referred to in sec. 1 shall be placed after the name in
Polish and shall not be used independently.
6. Determining additional names in the minority language shall be made
pursuant to the rules of spelling of the language.
7. Additional names of localities or physiographic names in minority
languages may be determined on gmina council application where:
1) the number of gmina citizens belonging to minorities is lower than 20% of
the total number of the gmina population or, in case of inhabited localities,
more than half the citizens of the locality taking part in consultations
conducted pursuant to art. 5a sec. 2 of the law of 8 March 1990 on gmina local
government (Journal of Laws of 2001 No 142, item 1591, as amended are for
determining an additional name of the locality in the minority language;
2) the gmina council resolution obtained a positive opinion of the Committee
for names of Localities and Physiographic Objects established pursuant to the
law of 29 August 2003 on official names of localities and physiographic
objects (Journal of Laws No 166,item 1612).
8. Provisions of the law referred to in sec. 7 point 1 shall apply to
determining additional names in minority languages.
Art. 13.1. Gmina councils shall present applications referred to in art. 12
sec. 7 on application of gmina citizens belonging to minorities or on own
initiative. In case of applications on names of inhabited localities the gmina
council shall prior conduct consultations with citizens of the locality on the
case pursuant to at. 5a sec. 2 of the law on gmina local government.
2. Gmina councils shall present applications referred to in art. 12 sec. 7 to
the minister proper for religion and national and ethnic minorities through
voivods.
3. Applications referred to in art. 12 sec. 7 should include:
1) the council resolution on determining additional names of localities or
physiographic objects;
2) the proper spelling of the official name of the locality of physiographic
object in Polish;
3) in case of physiographic objects ? an opinion of voivodship boards in the
area of which the objects are situated;
4) the proposed spelling of the additional name in the minority language;
5) a review of results of consultations referred to in sec.1 and in art. 12
sec. 7 point 1;
6) information on the financial costs of introducing the proposed changes.
4. The requirement for obtaining opinion shall be assumed to be satisfied in
case of non-issue of the opinion referred to in sec,. 3 point 3 within 30 days
from the date of applying for the opinion.
5. Voivods shall deliver applications referred to in art. 12 sec. 7 to the
minister proper for religion and national and ethnic minorities not later than
within 30 days from the date of receipt and enclosing their opinion. The
minister proper for religion and national and ethnic minorities shall deliver the
application for opinion to the Commission for Names of Localities and
Physiographical Objects. The Commission for Names of Localities and Physiographical
Objects shell present its opinion to the minister proper for religion and national
and ethnic minorities through the minister proper for public administration
immediately after examination of the application.
6. Additional names of localities or physiographical objects shall be
regarded as determined where they are entered to the Register of gminas.
7. Entries referred to in sec. 6 shall be made by the minister proper for
religion and national and ethnic minorities after obtaining a positive opinion of
the Commission for Names of Localities and Physiographical Objects.
8. The minister proper for religion and national and ethnic minorities shall
refuse entry of additional names of localities of physiographical objects in
minority languages to the register of gminas or shall delete names from the
register where they refers to names from the period of 1933 ? 1945 granted by
authorities of the German Third Reich or the USSR.
9. Complaints to the administrative court may be filed by gmina councils
against refusal to make entries referred to in sec. 6 and against deletion
referred to in sec. 8.
10. The minister proper for religion and national and ethnic minorities in
agreement with the minister proper for public administration shall set down, by
ordinance, specimen gmina council applications:
1) on entry to the register of gminas,
2) on establishing additional names of localities of physiographical objects
in minority languages
– taking into account the detailed scope of information included in the
Register of gminas.
11. The minister proper for religion and national and ethnic minorities in
agreement with the minister proper for public administration shall set down, by
ordinance, the method of keeping the register of gminas and the detailed scope
of information included in the Register taking into account indications of
voivodships and poviats in the area of which the gmina is situated, the gmina
name, the official name of the locality or physiographic object and the
additional name in the minority language.
12. The minister proper for transport in agreement with the minister proper
for religion and national and ethnic minorities and the minister proper for
public administration shall set down, by ordinance, the details concerning
placing additional names in minority languages on signs and boards in minority langua
ges taking into account in particular the size and font style of names in
Polish and in minority languages.
Art. 14. The population of gminas belonging to minorities referred to in art.
9 sec. 2, art. 10 sec. 4 and art. 12 sec. 7 point 1 shall be understood to be
the number officially determined by the result of the last general census.
Art. 15.1. Costs connected with introducing and using auxiliary languages in
the area of the gmina and costs connected with introducing additional names
referred to in art. 12 sec. 1 in minority languages shall be borne, save for
sec. 2, by the gmina budget.
2. Costs connected with exchanging information signs arising from determining
additional names of localities or physiographical objects in minority
languages shall be borne by the state budget.
Art. 16. The minister proper for religion and national and ethnic minorities
shall order translations of this law into minority languages. – Chapter
3Education and culture
Art. 17. Realization of rights of persons belonging minorities to study
minority languages or in minority languages as well as rights of the persons to
study the history and culture of minorities shall occur on principles and by the
procedure set down by the law of 7 September 1991 on the education system
(Journal of Laws of 2004 No 256, item 2572, as amended).
Art. 18.1. Public authority organs shall undertake the proper measures for
the purpose of supporting activities for protecting, preserving and developing
the cultural identity of minorities.
2. Measures referred to in sec. 1 may be in particular target subsidies or
subsidies for entities for:
1) activities of cultural institutions, artistic movements and creativity of
minorities and artistic events of essential significance for the minority
culture;
2) investment serving preservation of the cultural identity of minorities;
3) publishing books, magazines, periodicals and folders in minority languages
or in Polish in printed form and in other technologies of recording pictures
and sounds;
4) support for television programs and radio programs realized by the
minorities;
5) protection of sites connected with minority culture;
6) community center activities;
7) managing libraries and documentation on cultural and artistic life of
minorities;
8) education of children and youth realized in different forms;
9) promoting knowledge on minorities;
10) other programs realizing aims referred to in sec. 1 and supporting
citizen integration of minorities.
3. Subsidies referred to in sec. 2 shall be granted from the part of the
state budget at the disposal of the minister proper for religion and national and
ethnic minorities may be granted in omitting open competition of offers. The
minister proper for religion and national and ethnic minorities shall annually
announce the principles of proceedings in cases on granting subsidies referred
to in sec. 2. Provisions of art. 14 ? 18 of the law of 24 April 2003 on pro
bono activities and volunteers (Journal of Laws No 96, item 873, as amended)
shall apply accordingly.
4. Measures referred to in sec. 1 may also include funds delivered from the
territorial local government budget to organizations or institutions realizing
tasks serving the protection, preservation and development of the cultural
identity of minorities.
5. Subsidies for entities referred to in sec. 2 may be granted to minority
organizations or cultural institutions of essential importance for minority
culture. Provisions of art. 73 sec. 4 of the law of 26 November 1998 on public
finances (Journal of Laws of 2003 No 15, item 148 , as amended) shall apply
accordingly. – Chapter 4Regional languages
Art. 19.1. Regional languages pursuant to this law, pursuant to the European
Regional or Minority Language Charter shall be assumed to be languages which:
1) are traditionally used in the territory of the given country by its
citizens who constitute a group numbering less then the remaining population of the
country;
2) differ from the official language of the country; this does not include
dialects of the official national language nor languages of immigrants.
2. Regional languages pursuant to this law is Kashubian. Provisions of art. 7
? 15 shall apply accordingly, save for that the number of gmina inhabitants
referred to in art. 14 is understood to be the number of persons using regional
languages officially determined as the result of the last general census.
Art. 20.1. Realization of rights of persons using the language referred to in
art. 19 to study the language or in the language shall occur on principles
and by the procedure set down by the law referred to in art. 17.
2. Public authority organs shall undertake the proper measures for the
purpose of supporting activities aiming at preserving and development of the
language referred to in art. 19. Provisions of art. 18 sec. 2 and 3 and sec. 5 shall
apply accordingly.
3. Measures referred to in sec. 2 may also include funds from the territorial
local government units for organizations or institutions realizing tasks for
preserving and developing the language referred to in art. 19. – Chapter 5
Organs for national and ethnic minority affairs
Art. 21.1. The public administration organ in affairs covered by this law
shall be the minister proper for religion and national and ethnic minorities.
2. The minister proper for religion and national and ethnic minorities shall
in particular:
1) favor realization of rights and needs of minorities by undertaking actions
in favor of minorities and initiating programs concerning:
a) preserving and developing the minority identity, culture and language
ensuring the full citizen integration of persons belonging to minorities,
b) realizing the principle of equal treatment of persons regardless of ethnic
origin;
2) cooperate with the proper organs in the scope of counteracting violations
of minority rights;
3) shall prepare analyses and evaluations of the legal and social situation
of minorities including the scope of realizing the principle referred to in
point 1b);
4) disseminates knowledge on the subject of minorities and their culture as
well as initiates research on the situation of minorities including in the
scope of discrimination referred to in art. 6 sec. 1 its manifestations and the
method and strategy of its counteracting;
5) undertakes actions for preserving and developing languages referred to in
art. 129.
Art. 22.1. The voivod tasks shall include:
1) coordinating actions in the voivodship area of public administration
organs realizing tasks in favor of minorities;
2) undertaking actions for respecting minority rights and counteracting
violation of the rights and discrimination of persons belonging to minorities;
3) undertaking actions for solving minority problems;
4) undertaking actions for respecting rights of persons using languages
referred to in art. 19.
2. For the purpose of realizing tasks referred to in sec. 1 voivods shall
cooperate with territorial local government organs and social organizations in
particular with minority organizations and shall give opinion on programs in
favor of minorities as well as preserving and development of languages referred
to in art. 19, realized in the area of the given voivodship.
3. Voivods may establish plenipotentiaries for national and ethnic minority
affairs pursuant to art,. 35 of the law of 5 June 1998 on public administration
in voivodships (Journal of Laws of 2001 No 80, item 872, as amended) for an
indefinite period of time. if ……………………………..
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