The law on national and ethnic minorities and regional languages

Polish News Bulletin
Feb 23, 2005

Dated 6 January 2005

Journal of Laws No 17, item 141

(continued from last issue)

Art. 23.1. The Joint Government and National and Ethnic Minorities
Commission is hereby established as an opinion-advisory body to the Prime
Minister, hereinafter referred to as the “Joint Commission”.

2. Task of the Joint Commission shall include:

1) expressing opinion in the affairs of rights and needs of minorities
including evaluating the methods of realizing the rights and formulating
proposals in the scope of actions striving to ensure realizing of minority
rights and needs;

2) giving opinion on programs for creating conditions conducive to
preserving and developing the minority and preserving and developing
regional languages cultural identity;

3) giving opinion on draft legal acts concerning minority affairs;

4) giving opinion on the level and principles of allocating funds devoted
by the state budget for supporting actions for protecting, preserving and
developing the cultural identity of minorities and preserving and
developing regional languages;

5) undertaking actions for counteracting discrimination of persons
belonging to minorities.

3. For the purpose of realizing its tasks the Joint Commission:

1) cooperates with public administration and territorial local government
organs and with the interested social organizations;

2) may apply to institutions, institutes and academic circles and social
organizations in particular for opinion, positions, expertise or
information;

3) may invite representatives of territorial local government units, social
organizations and academic circles to participate in its work.

Art. 24.1. The Joint Commission shall be composed of:

1) representatives of public administration organs:

a) the minister proper for religion and national and ethnic minorities,

b) the minister proper for public administration,

c) the minister proper for culture and protection of the national heritage,

d) the minister proper for education and raising,

e) the minister proper for public finances,

f) the minister proper for labor,

g) the Minister of Justice,

h) the minister proper for internal affairs,

i) the minister proper for social security,

j) the minister proper for foreign affairs,

k) the President of the Main Statistical Office,

l) the Council for Preserving Memory of Struggle and Martyrdom

m) the Head of the Prime Minister’s Chancellery;

2) representatives of minorities in the following number:

a) two of the Byelorussian,

b) one of the Czech,

c) two of Lithuanian,

d) two of German,

e) one of Armenian,

f) one of Russian,

g) one of Slovakian,

h) two of Ukrainian,

i) one of Jewish,

j) one of the Karaite,

k) one of the Lemki,

l) two of the Romas,

m) one of the Tatars;

3) two representatives of communities using the language referred to in
art. 19;

4) the secretary of the Joint Commission who is an employee of the office
servicing the minister proper for religion and national and ethnic
minorities.

2. The Prime Minister shall appoint and dismiss members of the Joint
Committee on application of the minister proper for religion and national
and ethnic minorities.

3. The minister proper for religion and national and ethnic minorities
shall inform organs referred to in sec. 1 point 1 and minority
organizations and communities using languages referred to in art. 19 on the
intent to apply to the Prime Minister with the application referred to in
sec. 2.

4. Organs referred to in sec. 1 point 1 shall notify their candidates for
members of the Joint Commission to the minister proper for religion and
national and ethnic minorities within 90 days from receipt of the
notification referred to in sec. 3.

5. Particular minorities referred to in art. 2 and communities using the
language referred to in art. 19 shall notify their candidates for members
of the Joint Commission representing the given minority or community using
languages referred to in art. 19 to the minister proper for religion and
national and ethnic minorities in the number set down for the minority of
for the community accordingly in sec. 1 point 2 or point 3 within 90 days
from the date of receiving the notification referred to in sec. 3.

6. Where within the time limit set down by sec. 5 a minority or community
using languages referred to in art. 19 does not notify their candidates of
notifies a number of candidates other than set down accordingly for the
minority by sec. 1 point 2 and for communities by sec. 1 point 3 the
minister proper for religion and national and ethnic minorities shall
present to the minority or community for opinion his candidates for members
of the Joint Commission representing the minority or community. In case of
no opinion given by the minority or community within 30 days from the date
of presenting candidates by the minister proper for religion and national
and ethnic minorities the requirement shall be assumed to be satisfied.

7. In applications referred to in sec. 2 the minister proper for religion
and national and ethnic minorities shall indicate as candidates for Joint
Commission member only persons notified by organs referred to in sec. 1
point 1 and minorities and communities using languages referred to in
art. 19, save for sec. 6, as well as candidates for secretary of the Joint
Commission.

At. 25.1. The minister proper for religion and national and ethnic
minorities shall apply to the Prime Minister with applications for
dismissing members of the Joint Committee in case of:

1) resignation from membership of the Joint Commission;

2) applying by the organs or minorities and communities using languages
referred to in art. 19 whose representative is the member to the minister
proper for religion and national and ethnic minorities with a justified
application for dismissing members from the Joint Commission;

3) convicting a member by a valid court verdict for crimes committed
willfully.

2. Joint commission membership shall expire upon death.

3. In case of expiry of membership in the Joint Commission or dismissing a
member, the Prime Minister on application of the minister proper for
religion and national and ethnic minorities shall appoint a new member of
the Joint Commission. Provisions of art. 24 sec. 2 ? 7 shall apply
accordingly.

Art. 26. The Council of Ministers may include, by ordinance,
representatives of public administration organs other than referred to in
art. 24 sec. 1 point1 in the Joint Commission. Provisions of art. 24
sec. 2, 3 and 7 and art. 25 shall apply accordingly to appointing and
dismissing members of the Joint Commission.

Art. 27.1. Co-chairmen of the Joint Commission shall be representatives of
the minister proper for religion and national and ethnic minorities and
representatives of minorities and communities using languages referred to
in art. 19 elected by members of the joint Commission referred to in
art. 24 sec. 1 point 2 and 3.

2. Co-chairmen of the Joint Commission shall be appointed and dismissed by
the Prime Minister on application of the minister proper for religion and
national and ethnic minorities.

Art. 28.1. Joint Commission sessions shall be held at least once every 6
months.

2. Sessions shall be convened by co-chairmen of the Joint Commission being
the representatives of the minister proper for religion and national and
ethnic minorities on own initiative or on application of the co-chairman
being rep resentatives of minorities and representatives of minorities and
communities using languages referred to in art. 19.

3. In order to prepare a joint position minorities and communities using
languages referred to in art. 19, co-chairmen being representatives of the
minority or community may convene sessions participated by only members of
the Joint Commission referred to in art. 24 sec. 1 point 2 and 3. The
position shall be immediately delivered to other members of the Joint
Commission by the co-chairman.

4. In order to prepare a joint position of the public administration, the
co-chairman being the representative of the minister proper for religion
and national and ethnic minorities may convene sessions participated only
by members of the Joint commission referred to in art. 24 sec. 1 point
1. The position shall be immediately delivered to other members of the
Joint Commission by the co-chairman.

5. Positions referred to in sec. 3 and 4 as well as opinions referred to in
art. 23 sec. 2 shall be delivered to the Prime Minister and the Council of
Ministers.

6. The detailed by-laws of the Joint commission shall be set down, by
order, by the Prime Minister.

Art. 29.1. Members of the Joint Commission shall not be remunerated due to
membership in the Joint Commission.

2. Representatives of minority organizations and communities using
languages referred to in art. 19 participating in the work of the Joint
Commission are entitled to refund of travel and accommodation on principles
set down by provisions on the level and conditions for determining payment
for employees of state or local government budget sphere units for official
domestic trips, issued pursuant to art. 77 of the Labor Code.

Art. 30.1. The organizational-technical servicing of the work of the Joint
Commission shall be ensured by the minister proper for religion and
national and ethnic minorities.

2. Costs of operation of the Joint Commission shall be covered by the state
budget in the part at the disposal of the minister proper for religion and
national and ethnic minorities.

Art. 31.1. Public administration, territorial local government organs and
minority organizations and communities using languages referred to in
art. 19 shall deliver to the minister proper for religion and national and
ethnic minorities, on minister application, information in the scope of
activities of the organs or organizations and concerning the situation of
the minorities and communities using languages referred to in art. 19 or
realization of tasks in favor of minorities or preserving and developing
languages referred to in art. 19.

2. The scope of information referred to in sec. 1 shall be subject to
opinion by the Joint Commission.

3. The minister proper for religion and national and ethnic minorities
shall prepare a report at least once every two years on the situation of
minorities in Poland taking into account information referred to in
sec. 1. Reports shall be subject to opinion by the Joint Commission.

4. Reports with opinions referred to in sec. 3 shall be delivered to the
Council of Ministers and ? after approving the report by the Council of
Ministers ? published by the minister proper for religion and national and
ethnic minorities in electronic form.

Art. 32. Public administration, territorial local government organs and
non-government organizations shall deliver documents to voivods for opinion
on programs realized with their participation in the voivodship area
concerning minorities or preserving and developing languages referred to in
art. 19 financed in whole or in part by public funds. – Chapter 6Amendments
to provisions in force, transitory and final provisions

Art. 33. In the law of 15 November 1956 on changes in names and surnames
(Journal of Laws of 1963 No 59, item 328, as amended) in art,. 2 a sec. 3
is added to read:

“3. Important considerations shall also occur where applicants intend to
return to names or surnames the change of which occurred due to their
non-Polish wording as a result of administrative decisions made without
their application.”.

Art. 34. In the law of 7 September 1991 on the education system (Journal of
Laws of 2004 No 256, item 2572, as amended) in art. 13 a sec. 6 and 7 shall
be added to read:

“6. The minister proper for religion and national and ethnic minorities
shall undertake actions for the purpose of ensuring the possibility of
educating teachers and access to textbooks for the requirements of schools
and public institutions referred to in sec. 1.

7. The minister proper for religion and national and ethnic minorities
shall undertake actions for the purpose of promoting knowledge of history,
culture, language and on religious traditions of national and ethnic
minorities and communities using regional languages.”.

Art. 35. In the law of 29 December 1992 on radio and television (Journal of
Laws of 2004 No 253, item 2531) the following amendments are introduced:

1) in art. 21:

a) in sec. 1a a point 8a is added to tread:

“8a. taking into account the needs of national and ethnic minorities and
communities using regional languages including broadcasting information
programs in the languages of national and ethnic minorities and in regional
languages;”,

b) in sec. 2 point 9 shall be repealed;

2) in art. 20 a sec. 4a is added to read:

“4a. In appointing program councils of branches broadcasting programs in
the languages of national and ethnic minorities and in regional languages
branch directors shall take into account candidates notified by social
organizations of national and ethnic minorities and communities using
regional languages.”.

Art. 36. In the law of 4 September 1997 on public administration sectors
(Journal of Laws of 2003 No 159, item 1548, as amended) the following
amendments are introduced:

1) in art. 5 point 25 shall read:

“25) religious beliefs and national and ethnic minorities;”;

2) art. 30 shall read:

“Art. 30. Sector religion and national and ethnic minorities include the
following:

1) State – Catholic Church relations and other churches and religious
unions;

2) connected with preserving and development of the cultural identity of
national and ethnic minorities and preserving and developing regional
languages.”.

Art. 37. In the law of 7 October 1999 on the Polish language (Journal of
Laws No 90, item 999, as amended) in art. 2 point 2 shall read:

“2) rights of national and ethnic minorities and communities using regional
languages.”.

Art. 38. In the law of 29 August 2003 on official names of localities and
physiographic objects (Journal of Laws No 166, item 1612) in art. 5 in
sec. 1 after point 5 a point 6 is added to read:

“6) the secretary of the Joint Government and National and Ethnic Minority
Commission established pursuant to provisions of art. 23 of the law of 6
January 2005 on national and ethnic minorities and on regional languages
(Journal of Laws No 17, item 141).”.

Art. 39. The minister proper for religion and national and ethnic
minorities shall notify organs referred to in art. 24 sec. 1 point 1 and
minority organizations and communities using languages referred to in
at. 19 on the intent to apply to the Prime Minister with the application
referred to in art. 24 sec. 2 within 60 days from the date of publication
of this law.

Art. 40. Matters covered by provisions of this law regulated by provisions
of international agreements binding Poland ratified by prior approval by
laws shall be regulated by the international agreements.

Art. 41. Office employees servicing the minister proper for culture and
protection of the national heritage ensuring realization of tasks until
publication of this law in the scope of rights of national and ethnic
minorities shall on that date be employees of the office servicing the
minister proper for religion and national and ethnic minorities. Provisions
of art. 23/1 of the labor code shall apply accordingly.

Art. 42.1. Assets of the office servicing the minister proper for culture
and protection of the national heritage serving realization of tasks in the
scope of minority rights shall on the date of publication of this law be
assets of the minister proper for religion and national and ethnic
minorities.

2. Funds included in part 24 of the state budget culture and protection of
the national heritage devoted for realizing tasks in the scope of minority
rights and for supporting publication of magazines in regional languages
shall be transferred on the date of publication of this law to part 43 of
the sate budget religion and national and ethnic minorities.

Art. 43. This law shall come into force after 3 months from the date of
publication, save for art. 36, art. 39, art. 41 and art. 42 which shall
come into force on the date of publication.