Croatia

The latest Croatian census was conducted between 1 April and 28 April 2011, and it reflects the state as of 31 March 2011. The results of the 2011 Census were officially published on the website of the Croatian Bureau of Statistics on 17 December 2012.

The census results by ethnicity indicate that Croatia has a total of 4,284,889 inhabitants, of whom 3,874,321 (90.4%) are Croats, 9,641 (0.22%) are members of the Czech national minority, 14,048 (0.33%) are members of the Hungarian national minority, 16,975 (0.40%) belong to the Roma national minority, 1,936 (0.05%) belong to the Ruthenian national minority, 4,753 (0.11%) belong to the Slovak national minority, 10,517 (0.25%) belong to the Slovene national minority, 186,633 (4.36%) belong to the Serbian national minority, 17,807 (0.42%) belong to the Italian national minority, 1,878 (0.04%) belong to the Ukrainian national minority, etc.

The census results on native language show that 4,096,305 (95.60%) of the total population are native Croatian speakers, 6,292 (0.15%) are native Czech speakers, 10,231 (0.24%) are native Hungarian speakers, 14,369 (0.34%) are native Romani speakers, 1,472 (0.03%) are native Ruthenian speakers, 3,792 are native Slovak speakers, 9,220 (0.22%) are native Slovenian speakers, 52,879 (1.23%) are native Serbian speakers, 7,822 (0.18%) are native Serbo-Croatian speakers, 3,059 (0.07%) are native Croat-Serbian speakers, 18,573 (0.43%) are native Italian speakers, 1,008 (0.02%) are native Ukrainian speakers, etc.

 1. Constitution¹

The Constitution of the Republic of Croatia states in its historical foundations that “the Republic of Croatia is hereby established as the nation state of the Croatian nation and the state of the members of its national minorities: Serbs, Czechs, Slovaks, Italians, Hungarians, Jews, Germans, Austrians, Ukrainians, Rusyns, Bosniaks, Slovenians, Montenegrins, Macedonians, Russians, Bulgarians, Poles, Roma, Romanians, Turks, Vlachs, Albanians, and others who are its citizens and who are guaranteed equality with citizens of Croatian nationality, and are guaranteed the exercise of their national rights in compliance with the democratic norms of the United Nations and the countries of the free world.” Article 3 emphasises equal rights, national and gender equality, and human rights as the highest values of the constitutional order.

The first paragraph of Article 12 states that “the Croatian language and the Latin script shall be in official use in the Republic of Croatia”, while the second states that “another language and Cyrillic or another script may be introduced into official use together with the Croatian language and Latin script under conditions specified by law” in individual local units.

Rights, freedoms, and equality before the law are guaranteed to all persons regardless of race, colour, gender, language, religion, political or other conviction, national or social origin, property ownership, birth, education, social status, or other characteristics (Article 14). Article 15 additionally emphasises that “Equal rights for the members of all national minorities in the Republic of Croatia are guaranteed. Equality and protection of the rights of national minorities shall be regulated by a constitutional act to be enacted under the procedure stipulated for organic law. Over and above general suffrage, the right of the members of national minorities to elect their own representatives to the Croatian Parliament may be stipulated by law. The freedom of the members of all national minorities to express their nationality, to use their language

and script, and to exercise cultural autonomy shall be guaranteed.”

Any individual suspected of, accused of or indicted for a crime is entitled to be informed in detail and in a language he/she understands, and is also entitled to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court (Article 29).

2. The Constitutional Act on the Rights of National Minorities in the Republic of Croatia²
This constitutional act was passed in 2002 to further reaffirm Croatia's determination to uphold its obligation to respect and protect the rights of national minorities and to ensure other fundamental human and civil rights and freedoms, the rule of law, and those other high values embodied in its constitution and the international legal order to all of its citizens.

Article 3 states that the rights and freedoms of the members of national minorities, being fundamental human rights and freedoms, shall constitute an inseparable component of the democratic system of the Republic of Croatia and, as such, shall enjoy necessary support and protection, including relevant measures taken in support of national minorities.

The definition of national minorities provided in Article 5 states that “a national minority is defined as a group of Croatian citizens whose members have a traditional domicile in the territory of the Republic of Croatia, whose ethnic, linguistic, cultural and/or religious traits differ from the rest of the population, and who are motivated by the desire to preserve these traits.”

Article 4 entitles each citizen of the Republic of Croatia to freely express his/her affiliation with any national minority in the Republic of Croatia, as well as to exercise, individually or jointly with other members of his/her respective national minority or jointly with the members of other national minorities, the rights and freedoms defined in this constitutional act and other minority rights and freedoms as defined in special legislation.

Article 7 enumerates the special rights and freedoms of the members of national minorities, which they enjoy individually or jointly with other members of the same national minority or, where so specified in this constitutional act or in special legislation, jointly with the members of other national minorities: use of their own language and script privately, publicly, and in official use; education in their own language and script; use of their own insignia and symbols; cultural autonomy through the preservation, development, and expression of their own culture; the preservation and protection of their cultural resources and traditions; practice of their own religion and establishment of their own religious communities together with other members of the same religion; access to media and public information services (the receipt and dissemination of information) in their own language and script; the right to assembly in pursuit of their common interests; representation in representative bodies at the local and national level, as well as in administrative and judicial bodies; the participation of members of national minorities in public life and local governance through national minority councils and representatives; protection from any activity that might jeopardise or potentially jeopardise their continued existence and the exercise of their rights and freedoms.

Article 22 of the Asylum Act (Official Gazette 79/07) stipulates that asylum seekers shall be informed about the asylum-granting procedure and about their rights and obligations under the procedure, about potential access to free legal aid and contact with UNHCR representatives and representatives of other organisations dealing in the protection of refugee rights in their own language or a language that they might reasonably understand within 15 days of submitting the application. If an asylum seeker does not understand the language in which the procedure is conducted, he/she shall be provided an interpreter for a language he/she is reasonably supposed to understand and able to communicate in (Article 24).

Article 2 of the Consumer Protection Act (Official Gazette 41/14) states that products offered to consumers within the territory of the Republic of Croatia must contain basic information on the characteristics of the product written in a clear, visible, and legible manner in the Croatian language and Latin script, which does not exclude the parallel use of other languages, signs, and pictograms. The provisions of this article do not apply to products whose labelling is regulated by other regulations.

Article 6 of the Civil Procedure Act (Official Gazette 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 123/08, 57/11, 148/11, 25/13, redacted text) states that civil proceedings are to be conducted in the Croatian language using the Latin script except where the law stipulates the use of another language and script in certain courts.

• Media service providers may also promote works in the dialects of the Croatian language, which is considered a fulfilment of the obligations referred to in paragraph 1 of this Article.

• The use of the Croatian language is not obligatory:
  - if films and other audio and audiovisual works are broadcast in the original;
  - if music with lyrics are broadcast which are either partially or fully in a foreign language
  - if broadcasts are either partially or fully intended for the learning of a foreign language and script.

• The use of the Croatian language is not obligatory in broadcasts intended for members of national minorities in accordance with the provisions of the Constitutional Act on the Rights of National Minorities in the Republic of Croatia.

 
Fund for the Promotion of Pluralism and Diversity in Electronic Media:

• The Fund for the Promotion of Pluralism and Diversity in Electronic Media (hereinafter: the Fund) is a fund of the Electronic Media Agency. (Article 63)

• The Fund shall use its finances to stimulate the production and broadcasting of public interest audio-visual and radio programs of television and/or radio broadcasters at the local and regional levels and audio-visual and radio programs of nonprofit television and/or radio broadcasters, which are particularly important for:
  - the promotion of cultural creativity and the fostering of cultural heritage
  - the promotion of works in dialects of the Croatian language
  - national minorities in the Republic of Croatia
  - encouraging the development of the awareness of gender equality and other high values of the constitutional order (Article 64)

The Audio-Visual Activities Act (http://www.mvep.hr/zakoni/pdf/313.pdf) states that special attention shall be paid in audio-visual activities to the preservation of the Croatian language and cultural identity in both a European and international context pursuant to the principles of cultural diversity, the protection of children and youth, equality of genders, races, and national minorities (Article 2).

Foreign audio-visual work in the Republic of Croatia may be distributed, publicly shown, and/or otherwise presented to the public for home use if it has been processed in the standard Croatian language or its dialects and it has been appropriately categorised pursuant to this Act.

Foreign audiovisual work in the Republic of Croatia may be publicly shown even if it has not been translated into and processed in the standard Croatian language if it is shown as part of events, film fairs, national revues, film retrospectives, festivals, educational programmes, internal closed-type screenings for audio-visual industry stakeholders, the realisation of projects in accordance with bilateral agreements on cultural cooperation, and when the number of showings is limited.

Works in the language of national minorities may be shown in the original (Article 32).

A fine in the amount of HRK 5,000.00 to HRK 500,000.00 shall be imposed on any legal person who:

• publicly shows foreign audio-visual works which have not been processed in the standard Croatian language or its dialects contrary to Article 32, paragraphs 1 and 2 of this Act (Article 40).

 Article 8 of the Identity Card Act (Official Gazette 11/02, 122/02, 31/06, 68/13) describes the identity card application form. It stipulates that the identity card application form is to be printed in both the Croatian and English languages and in Latin script, and may be filled out only in Croatian, except where stipulated by other laws or international treaties/agreements concerning members of national minorities where it is also printed in the minority language; however, even in this case it must be filled out in Croatian. Identity card applications must be filled out in the Croatian language and Latin script on the proper form and submitted to the proper authority.

Article 79, Paragraph 8 of the Scientific Activity and Higher Education Act (NN 123/03, 198/03, 105/04, 174/04, 02/07, 46/07, 45/09, 63/11, 94/13, 139/13, cl. 79, Official Gazette 94/13) states that the availability of university courses offered in foreign languages must be stated in their description, suggesting that this is not customary, and it may thus be concluded that courses are regularly taught in Croatian with the exception of some or all foreign language programme courses.

Article 8 of the Croatian Citizenship Act (Official Gazette 70/91, 28/92, 113/93, 4/94, 130/11) lists the prerequisites for attaining Croatian citizenship, among which are proficiency in the Croatian language, Latin script, and knowledge of Croatian culture and social order.

Article 8, Paragraph 1 of the Criminal Prosecution Act (Official Gazette 152/08, 76/09, 80/11, 121/11, 91/12, 143/12, 56/13, 145/13) states that “the Croatian language and Latin script shall be used in criminal proceedings, unless the law prescribes the use of another language or script for certain areas within the jurisdictional territory of the courts.” Other languages and scripts can be used if their official use is prescribed by law within the jurisdictional territory of the courts.

Language Act initiatives

Since the mid-1990s, there have been several initiatives to regulate the use of languages by passing acts on the public use of the Croatian language. In 1995, a pair of laws were proposed, one on the public use of the Croatian Language and the other on the foundation of a state office for the Croatian Language. These proposed laws, prepared by MP Vice Vukojević, were discussed within the club of HDZ (Croatian Democratic Union) MPs, and were later combined into a single proposal which was rejected in parliamentary committee.

Another proposal was made in 2010, this time by MP Dragutin Lesar, but it received negative opinions both from the government (led by HDZ) and from relevant parliamentary committees. Lesar resubmitted the same proposal on behalf of the parliamentary group of the Labour Party after a change in government (currently led by SDP) with the same result.

The last initiative was in November 2013, when a draft of the Act on the Public Use of the Croatian Language was published in the journal Vijenac. It had been prepared by the governing council of Matrix Croatica, one of the oldest Croatian cultural institutions.

 
Croatian is the official language in use in all primary schools, secondary schools, and universities in Croatia. There is a pronounced tendency in Croatia, especially in the so-called “hard sciences”, to teach in English. Some were of the opinion that such a practice could be functional and useful, while others believed that it would be harmful and unacceptable not to teach in Croatian at universities and that this would have devastating effects on the development of Croatian scientific terminology and occupational phraseology. Therefore, the Croatian Language Council advised the Ministry to legally define language usage at institutions of higher education.

 
The Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Language were ratified in 1997 and put into effect on 1 February 1998 and 1 March 1998, respectively.

Education in the languages and scripts of national minorities is an integral part of the overall education system, and the basic educational policy documents refer inter alia to this segment of the education system.

The right of members of national minorities to education in their own language and script is primarily guaranteed by the constitution of the Republic of Croatia, the Constitutional Act on the Rights of National Minorities (Official Gazette 155/02, 47/10, 80/10 and 93/11), the Act on Education in the Languages and Scripts of National Minorities (Official Gazette 51/00 and 56/00), and other primary and secondary legislation such as the Primary and Secondary Education Act (Official Gazette 87/08, 86/09, 92/10, 105/10, 90/11, 16/12, 86/12), the Primary and Secondary School Textbook Act (Official Gazette 36/06, 141/06, 152/08, 86/09) and the State Matura Exam Ordinance (Official Gazette 97/08).

It must be emphasised that education in the languages and scripts of national minorities is carried out under special programmes and models approved by the Ministry of Science, Education, and Sport. There are three models by which education in national minority languages and scripts is organised and implemented in the Croatian education system, as follows:

MODEL A – all teaching is carried out in a national minority language and script, with obligatory Croatian language learning in the amount of hours equal to that of the minority language classes. This teaching model is implemented in special schools where all teaching is carried out either in the language of the members of a particular national minority or in special sections within schools providing education in the Croatian language.

MODEL B – bilingual teaching is provided such that natural science courses are taught in Croatian, while humanities courses are taught in the minority language. This model is implemented in special sections within schools providing education in the Croatian language.

MODEL C – minority language and culture are taught (cultivated) such that the minority language and culture of a particular national minority are taught in addition to regular classes in Croatian, in the amount of two to five hours a week, wherein students are taught the language, literature, geography, history, music, and art of the national minority.

Special forms of education are additionally organised, such as summer and winter schools, correspondence and consultation classes, distance learning classes, etc. The Ministry of Science, Education, and Sport co-finances the organisation and implementation of all models and forms of teaching in the languages and scripts of national minorities.

Education in the languages and scripts of national minorities is implemented under different models for the Czech, Hungarian, Serbian, Italian, Albanian, Austrian, German, Macedonian, Slovak, Slovene, Ukrainian, Ruthenian, Russian, and Jewish national minorities. While education in the languages and scripts of national minorities is implemented from pre-school through university and higher education, those national minorities who do not initiate education in their language and script (or whose language or script is not taught at an institutional level for objective reasons) learn their language and script in the form of summer and winter schools, correspondence and consultation classes, etc.

The curriculum for regular classes under models A, B and C is produced by the Ministry of Science, Education, and Sport after consulting with and obtaining the opinions of minority associations pursuant to the Act on Education in the Languages and Scripts of National Minorities. The curricula for summer and winter schools and correspondence and consultation classes are designed by the associations that organise these forms of education.

 
The Ministry of Culture of the Republic of Croatia issued a decision pursuant to the Act on the Protection and Preservation of Cultural Wealth (Official Gazette 69/99, 151/03, and 157/03) and the Ordinance on the Register of Cultural Wealth of the Republic of Croatia (Official Gazette 37/01) awarding the dialectal variants of Istro-Romanian, the variant of Hum na Sutli, and the variant of Bednja the status of cultural wealth, and were as such added to Croatia’s Cultural Wealth Register. A system of protective measures was established and implemented through programmes financed through the Ministry of Culture. As regards the preservation of the Istro-Romanian, Hum na Sutli, and Bednja variants, various financial projects and activities including field research, documentation, dictionary translations, and the preservation of said variants have been financed in the amount of HRK 170,000.

The Ministry of Science, Education, and Sport co-finances the organisation and implementation of all models and forms of teaching in the languages and scripts of national minorities.

The Council for Electronic Media implements the resource distribution programme of the Fund for the Promotion of Pluralism and Diversity in Electronic Media on the basis of the State Aid Act (Official Gazette 140/05), the Decision on the Publication of Rules on State Aid for the Cinematographic and Other Audio-visual Industries (Official Gazette 46/08 and 144/11), the Electronic Media Act (Official Gazette 153/09 and 84/11) and the Ordinance on the Fund for the Promotion of Pluralism and Diversity in Electronic Media (Official Gazette 51/12).

The Council for Electronic Media allocates resources to TV and radio broadcasters for programmes for national minorities on the basis of implemented public tenders for the distribution of resources from the Fund for the Promotion of Pluralism and Diversity in Electronic Media.

Financial support is provided through the Council for National Minorities out of the Croatian state budget for 19 different national minority programmes, including among others the Italian, Czech, Slovak, Hungarian, Ruthenian, Ukrainian, and Serbian national minorities. Pursuant to the Council decision and established criteria, the programmes financed are those of the associations and institutions of national minorities in the field of publicity, publishing, cultural amateurism, cultural events, programmes arising from bilateral contracts and agreements, as well as programmes designed to assure the exercise of national minorities’ cultural autonomy.

Besides Croatian, the study of at least one foreign language is mandatory in primary and secondary school from the fourth grade on. However, English (and rarely French or German) is often taught as early as kindergarten. English is usually the first foreign language taught in primary education. The most widespread second foreign language is German, followed by Italian and French. In secondary education, Russian and Spanish are occasionally taught as second or third foreign languages. Latin and ancient Greek are taught in all classics-programme schools beginning from the fifth grade of primary school. Furthermore, Latin is still obligatory in all humanistic secondary schools. In Jewish minority schools (which are open to the general public), it is also possible to study Hebrew. Minority language education is available from kindergarten to secondary level and is financed by the Croatian government for the Serbian, Czech, Hungarian, and Italian minorities.

The teaching of foreign languages in the Republic of Croatia is regulated by the Primary and Secondary Education Act (Official Gazette, No. 87/2008, 86/2009, 92/2010, 105/2010-corr., 90/2011, 16/2012, 86/2012, 126/2012 and 94/2013), and the 2006 curriculum for primary schools, which includes required and elective courses. The curriculum prescribes compulsory first foreign language learning from the first grade of elementary school, while a second foreign language can be taken as an elective course from the fourth grade. According to the curriculum, the first foreign language is taught two hours a week from first to fourth grade and three hours a week from fifth to eighth grade. Second foreign languages (elective course) are taught two hours a week from fourth to eighth grade. Article 27a of the Primary and Secondary Education Act stipulates that a pupil’s first foreign language taught in the first grade of primary school remains his/her first foreign language until the end of primary education. Also, pupils who transfer to another primary school where their first foreign language is not taught will be allowed by the school to which they transfer to change their first foreign language, or will otherwise be allowed to attend classes in their original foreign language at another elementary school. In the event that a pupil attends a foreign language class at another elementary school, that school is responsible for delivering the pupil's final grade to the student’s elementary school for entry into school documentation. The terms and attendance procedures for foreign language classes at another elementary school is determined by the school with the consent of the state government or city office and the pupil’s parents. If an elementary school pupil repeats his/her class, the school is obligated to provide him/her the opportunity to learn the foreign language that was his/her first foreign language.

The teaching of foreign languages in secondary schools in Croatia and their representation in the classroom depends on the type of programme being carried out in each school. According to the regulations governing curricula and programmes in the field of education, gymnasium students continue learning the foreign language they were taught in elementary school as their first foreign language. Gymnasium curricula, as a rule, prescribe the teaching of two foreign languages — the first foreign language is taught for three hours a week, and a second foreign language is taught for two hours a week throughout all four years of schooling. In some gymnasiums, especially in classical gymnasiums, pupils are encouraged to learn a foreign language through elective classes for two hours a week throughout all four years of their education. According to the curriculum, foreign language is taught in classical gymnasiums for four hours a week throughout all four years of education. The mandatory general part of the curriculum for pupils of vocational schools, who comprise more than 70% of secondary school pupils in the Republic of Croatia, includes foreign language lessons for at least two hours a week throughout all years of education (3 or 4 years), depending on the type of vocational programme the student attends. Vocational secondary schools may offer pupils foreign language learning through elective programmes, especially in vocational programmes in which language proficiency is part of professional competence (e.g. vocational programmes in the educational sector, tourism and hospitality, economics, trade, and business administration).

It should be emphasised that there is no specific policy for foreign language learning. Given that Croatia became a member of the Council of Europe in 1996, it adopted a policy related to education and, consequently, a policy of foreign language learning and teaching. Croatia is a member of the Partial Agreement of the Council of Europe, and it participates in the European Centre for Modern Languages (www.ecml.at), where it has representatives on the Governing Board, National Nominating Authority, and National Contact Point.

It should be noted that Croatia introduced experiential teaching of foreign languages in 1977, initially starting in second grade and later in first grade. Experiential teaching programmes are developed according to the Common European Framework of Reference for Languages for all educational levels, which determine outcomes in all language skills and serves as a reference for drafting state final exams in foreign languages. According to the CEFR, a pupil should have A2+ level knowledge at the end of primary education in their first foreign languages and A2 level knowledge in their second foreign languages.

English, German, Italian, French, and Spanish are taught in elementary schools, as are national minority languages. Recently, some elementary schools have also begun teaching sign language (as an extra-curricular activity).

According to the Croatian Bureau of Statistics' First Release No. 8.1.2, published 29 April 2014, during the 2012/2013 school year, 315,150 of 452,984 pupils of regular elementary schools (70%) learned English, 105,845 (23%) learned German, 27,270 (6%) learned Italian, 3,332 (0.7%) learned French, 561 (0.12%) learned Hungarian, etc.

In the Croatian Bureau of Statistics' First Release No. 8.1.3, published 25 April 2014, 166,145 of 265,626 pupils in upper secondary schools (62.5%) learned English, 6,215 (2,34%) learned French, 65,676 (24.72%) learned German, 25,338 (9.53%) learned Italian, 1,974 (7.43%) learned Spanish, 153 learned Russian, 7 learned Japanese, 74 learned Arabic, and 44 learned other languages.

 
At this point, no overall strategic document on language policy and its implementation exists in Croatia, especially in relation to the official language and the languages of national minorities. As concerns minority languages, there is an action plan for the implementation of the Constitutional Law on National Minorities, whose implementation is reported on to the Government through an annual report on the implementation of the Constitutional Law on the Rights of Minorities and the Action Plan for the implementation of the Constitutional Law on the Rights of Minorities.

Since the progress achieved by the Action Plan for the Implementation of the Constitutional Act on the Rights of National Minorities, adopted by the government in June 2008, was still unsatisfactory as concerned continuing the promotion and exercise of those national minority rights guaranteed by the Constitutional Act, the government prepared an Action Plan for the Implementation of the Constitutional Act on the Rights of National Minorities for the Period from 2011-13, which contained the following chapters:

• Official and public use of national minority languages and scripts

• Education in national minority languages and scripts
• Use of national minority insignia and symbols
• Cultural autonomy of national minorities
• Right to practise one’s own religion and to establish religious communities
• Access to mass media
• Organisation and assembly in an effort to promote common interests
• Representation of national minority members in representative and executive bodies on the state and local levels, state administrative bodies, judicial bodies, and bodies of units of local and regional government
• Participation of national minority members in public life through national minority councils and representatives
• Protection from any activity undermining the exercise of the rights and freedoms of national minority members - Developing tolerance towards diversity and anti-discrimination
• National Programme for Roma and Action Plan for the Decade of Roma Inclusion 2005–15
• General supporting measures for the implementation of the Constitutional Act on the Rights of National Minorities and the Action Plan

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[1]      The consolidated text of the Constitution of the Republic of Croatia encompasses the Constitution of the Republic of Croatia (as published in the official journal of the Republic of Croatia, Official Gazette, no. 56/90, 135/97, 8/98 – consolidated text, 113/2000, 124/2000 – consolidated text, 28/2001, 41/2001 – consolidated text, 55/2001 – correction) and the Amendments to the Constitution of the Republic of Croatia published in Official Gazette, no. 76/2010, in which the date of their entry into force is indicated. Class: 012-02/10-01/01 Zagreb, 6 July 2010 http://www.sabor.hr/fgs.axd?id=17074

[2]       The Constitutional National Minority Rights Act and the Constitutional Act Amending the Constitutional National Minority Rights Act http://www.sabor.hr/Default.aspx?art=2448