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Proposal for establishing personal autonomy for the Hungarians
living in the Republic of Serbia

 

Document of the General Assembly of the Democratic Community of the Hungarians in Vojvodina
Subotica, March 11, 1995

 

Considering the international documents on the subject, as well as the Constitution of the Republic of Serbia, according to which the Republic of Serbia is a democratic state of citizens, based upon the sovereignty of citizens,

taking into account that

- the autonomy of the national minority is the essential precondition for the preservation of the identity of the Hungarian ethnic group of Vojvodina;

- the democratic solution of the situation of the minorities is a security factor in the Carpathian basin and in the Balkan region;

- the minorities which have become political subjects in their democratically controlled struggle, have also become a significant factor in the process of democratization;

having in mind the efforts of the international community, especially the European Union and the Yugoslav conference made for the solution of the problems resulting from the disintegration of Yugoslavia and the formation of new states on the territory of the former Yugoslavia;

trusting the leaders of the peace process that they will not apply double standards in the solution of the open and unsolved problems of the minorities on the territory of Yugoslavia, and if necessary, their mediators will help creating a democratic agreement;

presuming that the Republic of Yugoslavia, consisting of Serbia and Montenegro, in accordance with the interests of the Serbian and Montenegrin people, would like to become a member of the democratic European Community,

the Democratic Community of the Hungarians of Vojvodina believes that by reason of the agreement on collective interests and the dialogue between the republic bodies and the Democratic Community of the Hungarians of Vojvodina, a constitutional framework for the preservation of the identity of the Hungarians in Vojvodina may be established, that is, a threefold Hungarian Autonomy including

- partial or total political-administrative and lingual-cultural Hungarian local self-government,

- Hungarian Autonomous District of special status, and

- minority self-government based on personal principles.

On March 11, 1995 the Assembly of the Democratic Community of the Hungarians in Vojvodina adopted the proposal for establishing Hungarian Autonomy and will present it to the House of Representatives of the Republic of Serbia for adoption.

 

HUNGARIAN AUTONOMY

 

The model of the Hungarian Autonomy is a democratic compromise based on the balance between the principle of peoples' self-determination and the sovereignty of the state, stated in the international law. Its enforcement thrusts into the background both the separatist extreme forces and those who consider the national state the only right establishment. The setting up of the autonomy shows that the political subjectivity of minorities in the Carpathian basin and in the Balkans, but elsewhere also, is a political factor that cannot be neglected. On the other hand, the Hungarian Autonomy wishes to solve the conflicts arising from minority aspirations within the state, having respect for the sovereignty of the state, promoting thus the process of democratization in Serbia.

Being basically a democratic model, the Hungarian Autonomy may be implemented only under conditions of political pluralism and market economy. Therefore, the Democratic Community of the Hungarians in Vojvodina takes part in those political processes which are directed towards the promotion of these conditions.

The Hungarian Autonomy guarantees the following:

- the presentation of the Hungarians of Vojvodina as a political subject, both in the Serbian and international field;

- the possibility for the election of legitimate Hungarian political leaders;

- the functioning of the institutional systems of the autonomy, in accordance with the interests of the Hungarians at places where they make up the majority, of Hungarians in living in diaspora, of Hungarians living on small Hungarian"islands", as well as in accordance with the interests of the Hungarians in Vojvodina in general;

- implementation of political pluralism.

The consistent democratization of the Serbian society, and thus the implementation of the Hungarian Autonomy, necessitates for the House of Representatives of the Republic Serbia to ratify the international documents related to the subject and integrate the included provisions of law in its legal system.

When elaborating the Hungarian Autonomy concept, the Democratic Community of the Hungarians in Vojvodina has taken into consideration the following: the final documents of the European Security and Cooperation Conference of Helsinki, as well as the Madrid and Vienna post-conferences, the resolutions concerning human rights of the European Security and Cooperation Institution, the proposals of the Paris Charta, the standpoint concerning minorities of the Geneva Expert Committee, and the proposals of the Yugoslav Conference in the Hague, especially the attitude of the Badinter Committee, the peace plan of lord Carrington, as well as the European Chart of Local Autonomy.

According to the stated viewpoints and documents, the Democratic Community of the Hungarians of Vojvodina has determined the Hungarian Autonomy in the following:

 

1. TERRITORIAL AUTONOMIES

 

The territorial autonomy is the implementation of all minority rights within a geographically and administratively determined territory. The implementation of these minority rights is guaranteed by the proper national structure of the representative bodies. The territorial autonomy does not break up the unity of the state. On the contrary, it strengthens the links between the citizen and the territory of the state.

Territorial autonomies serve all the local population. They provide the framework for bringing into accordance and implementing the interests of various ethnic groups of the population. In the model of the Hungarian Autonomy the alm of the territorial autonomy is to secure, according to the interests of the population the proportional participation and implementation of interests of the Hungarian population in representative bodies, administration, institutions of public security and jurisdiction.

Citizens belonging to various ethnic groups living on the territory of the Hungarian Autonomy will implement their political and financial interests in proportional participation, especially when the use of language, territorial design, territorial-administrative organization and communal services are concerned, as well as in administering the property of the self-government.

The Democratic Community of the Hungarians of Vojvodina wishes to build up the territorial autonomy according to the hopeful democratic development of the Serbian constitutional system, following the special status community types described in lord Carrington's peace plan, as well as according to the directions of the Local Governments of the European Chart.

The activities of the local government would be supervised according to the procedures and frameworks stated in the Constitution or law.

In complience with this, the administering organs bearing state competence would transfer titles to the bodies of the local autonomy.

The administering bodies of higher level would perform administering supervision upon the activities of the local bodies only if they commissioned the local bodies to perform the task.

Territorial autonomies would be entitled to have their own financial resources and the resulting goods may be freely used during the course of their competence.

If necessary, the territorial autonomies might get state support or support from other financial resources.

The territorial autonomies would cooperate in their aims to achieve collective interests.

Territorial autonomies may have contacts and may cooperate with local self-governments of other countries.

 

1. 1. MUNICIPAL AUTONOMIES

 

The municipal autonomy is the fundament of the territorial autonomy. Since the municipalities on the territory of the Republic of Serbia consist of several settlements, the assertion concerning municipal autonomies refer to the settlements of the municipalities (local communities) as well.

The state guarantees partial or total political-administrative and linguistic-cultural autonomy for the minorities of the municipalities.

 

1. 1. 1. Partial Political-Administrative and Linguistic-Cultural Autonomy

 

1. 1. 1. 1. In the municipalities where the majority of the population is not Hungarian, but the Hungarians make at least 5% of the population, or less, but if the Hungarian population claims, the municipal assembly

- will see to the use of bilinguilism in administration and bilingual sign-boards on public buildings according to legal regulations; the use of the Hungarian flag and other national symbols on public buildings and at social events; will secure the free use of the Hungarian national flag on public and private buildings both at social events of the municipality and associations, and at private social events.

- will make an effort to secure the proper national structure of municipal administration and municipal jurisdiction, of elected and appointed managers of firms established by the municipal assembly, of institutions and of the public security so that their national structure would be compatible with the national structure of the population;

- will support both financially and morally the institutions of Hungarian education and culture, as well as the Hungarian media.

 

1. 1. 1. 2. In settlements in diaspora where the majority of the population is Hungarian (local communities), the municipal assembly

- will see to the use of bilingualism by the support of the state in administration, in using bilingual sign-boards on public buildings, street-name and place-name boards, and will secure the free use of the Hungarian flag and other national symbols on public and private buildings, at social events of the municipality and associations, as well as at private social events.

- will financially support the educational and cultural institutions of the municipality as well as the Hungarian media.

- will control the work of institutions relevant for the preservation of national identity together with the personal minority autonomy, and will make suggestions for the solution of the arising problems.

 

1. 1. 2. Total Political-Administrative and Linguistic- Cultural Autonomy

 

A total political-administrative and linguistic-cultural autonomy will be established in communities where the majority of the population is Hungarian. The municipal assembly will be established by virtue of the law on self-governmental elections valid in the state.

In communities where the majority of the population is Hungarian, the municipal assembly

- will see to the linguistic equality in administration and education, in the use of sign-boards of public buildings, street-name and place-name boards, and will secure the free use of the Hungarian flag and other national symbols on public and private buildings, at social events of the municipalities, associations, as well as at private social events;

- guarantees, that except for the requirement concerning the knowledge of the language of the local majority, will have no other requirements concerning origin, or belonging to the minority, for employees in the administration;

- will strive to secure the proper national structure of municipal administration and municipal jurisdiction, of elected and appointed managers of firms established by the municipal assembly, institutions and of public security, so that their national structure would be compatible with the national structure of the population;

- will implement the interests of the local population in accordance with the law concerning communal and territorial arrangements as well as in other municipal activities;

- will financially support the educational and cultural institutions of the municipality, as well as the media;

- will control the work of Institutions relevant for the preservation of the national identity, together with the personal minority autonomy, and will make suggestions for the solution of the arising problems;

- will decide on joining the Hungarian Autonomous District.

 

1. 2. HUNGARIAN AUTONOMOUS DISTRICT

 

The municipalities of special status, where the Hungarian population is in the majority, will establish Hungarian Autonomous District on the territory of the Serbian Republic.

As an administrative district, the Hungarian Autonomous District will be an integra I part of the administrative system of the Republic of Serbia. Its autonomous framework and structure, based upon the Agreement between the Political Council of the Assembly of the Hungarians of Vojvodina and the Government of the Republic of Serbia, will be determined by the law of the Parliament of Serbia.

The Agreement considers the following:

- public education

- culture

- information

- religious affairs

- economic and social affairs

- public health

- jurisdiction and public security

- protection of monuments

- environmental protection.

- expenses of the self-government and endorsement of coverings of the expenses

- affairs of the local government which according to the law related to the autonomy and other legal regulations, belong to the competence of the self-government.

The municipal assemblies will decide on joining the Hungarian Autonomous District. If the municipal assembly does not take a stand in this question, or if the citizens are discontented with its decision, 100 citizens may make a proposal for calling a referendum, and the signatures of 1,000 people make the referendum obligatory.

In the process of the foundation of the Hungarian Autonomous District, along the borders of the district, the settlements belonging to various municipalities - according to the interests of the local population - may join any municipality belonging to the Hungarian Autonomous District. The referendum concerning this question may be initiated by 100 voters, and the signatures of 1,000 voters or 20% of the voters, make the call for the referendum obligatory.

The centre of the Hungarian Autonomous District is Subotica (Szabadka).

The self-governmental competence of the Hungarian Autonomous District includes all the affairs and administering forms that make the special administering forms necessary, as a result of the special relations of the territory and people.

On the territory of the Hungarian District all the languages will be equal which are declared equal by the statute of the joining communities.

The flag of the Hungarian Autonomous District has three colours: red-white-green. The flag and other national symbols will be used in accordance with the Constitution and law.

 

2. MINORITY SELF-GOVERNMENT (PERSONAL AUTONOMY)

2. 1. BASIC PRINCIPLES

 

2. 1. 1. The ethnic minorities and ethnic groups are essential constituents of the political and cultural pluralism of the society. The sacred and inalienable right of all minorities and ethnic groups is the protection of their selfidentity and the use of their national symbols.

2. 1. 2. The ethnic minorities and ethnic groups share the power of the people and are constituents of the state in their homeland. The minority rights include the freedom for becoming organized upon national basis, territorial autonomy and minority self government on personal principles.

2. 1. 3. The minority personal autonomy and the competence of its bodies directly serve the preservation of self-identity of the Hungarians of Vojvodina. Since decision making is in the competence of the representatives elected by the Hungarians, they are directly responsible for the fate of the Hungarians in Vojvodina.

2. 1. 4. The participation of the state in giving financial support to the institutions of the autonomy, is justified by the participation of the minorities in the general economic courses.

2. 1. 5. The personal autonomy of the minority is financed by the state, directly from the budget and from other sources. The educational, cultural and media institutions belonging to Hungarian associations but have been nationalized in the meantime, will become the property of the minority personal autonomy as soon as the autonomy has been established.

The real estates that will be transferred to civil and association property during the course of reprivatization, but serve the minority education, culture and information, may be used by the autonomy upon the consent of the owner.

If the former situation cannot be restored in kind, the state will reasonably compensate the established minority personal autonomy, by giving guarantees for the possibility of establishing new institutions which would serve its purposes and meet the requirements.

2. 1. 6. In accordance with the constitution and laws, the bodies of the Hungarian Autonomy, have the right for passing regulations and will act independently within their competence in the affairs belonging to the competence of the minority personal autonomy, especially in education, culture, information and language use, that is, they will carry out all the assignments indispensable for the protection of the rights entitled to them.

2. 1. 7. The bodies of the Personal Autonomy are established by the people listed in the voters' register of the Hungarians of Vojvodina.

The voters of the Hungarians of Vojvodina may be persons

- who declare themselves Hungarians,

- who do not declare themselves Hungarians, but their minor children use the institutions of the minority personal autonomy,

- who do not declare their nationality, or do not declare themselves Hungarians and neither they, nor their minor children use the institutions of the minority personal autonomy, but give annual financial support for the functioning of the autonomy.

The elected administrative body of the minority personal autonomy may include persons from the voters' register who do not belong to the Hungarian national or linguistic minority, but because of their upbringing, religion and cultural interests or for any other reasons would like to take part in the affairs or in the financial support of the Hungarian self-government.

2. 1. 8. The administrative body of the minority personal autonomy will invite tender for the utilization of the restricted funds from the budget. The legal supervision of the restricted utilization of the special purpose funds will be carried out by the authorized body appointed by the orderer of the payment.

2. 1. 9. The self-government may take part in economic venture - at its own discretion - which would contribute to the improvement of its financial situation, it may also take loans, or issue bonds.

2. 1. 10. The Statute of the Minority Personal Autonomy of the Hungarians of Vojvodina is passed by the Assembly of the Hungarians of Vojvodina and it will come into force after the verification of the Serbian Parliament.

2. 1. 11. The minority personal autonomy includes all the institutions and organizations founded by the self-government, or those that have been transferred from the state property to the self-government.

The minority personal autonomy may be joined by all legal entities who wish to do so and have applied for registration.

 

2. 2. THE AIM OF THE MINORITY PERSONAL AUTONOMY

 

The aim of the personal minority autonomy is the following:

a) to find out, express and represent the basic interests of the Hungarians of Vojvodina;

b) in complience with the democratic dialogue with the organs of power of the Republic of Serbia, the minority personal autonomy will guarantee the following:

- protection of the national, ethnic and linguistic self-identity of the Hungarians of Vojvodina, protection and implementation of educational, cultural, informational and other communal rights, as well as the assertion of the use of the language.

- promotion of the historic traditions, material and intellectual culture, as well as increasment of their values.

 

2. 3. THE BODIES AND THE COMPETENCE OF THE PERSONAL AUTONOMY

 

The supreme body of the minority personal autonomy is the Assembly of the Hungarians of Vojvodina. It has two councils: The Council of the Personal Autonomy and the Political Council.

The executive body of the Assembly of the Hungarians of Vojvodina is the Administrative Committee.

The competence of the bodies of the minority personal autonomy is the following:

 

2. 3. 1. The Assembly of the Hungarians of Vojvodina

 

- will pass the Statute of the Minority Personal Autonomy of the Hungarians of Vojvodina;

- will approve the annual report of the affairs of the minority personal autonomy submitted by the Council of the Personal Autonomy;

- will approve the annual report on the situation of the Hungarians of Vojvodina, submitted by the Political Council;

- will approve the budget of the minority personal autonomy;

- will submit bills to the Serbian Parliament concerning education, culture and information;

- will approve the project for the implementation of the right for the use of the Hungarian language and writing;

- will determine the prospective relationship and cooperation with the state organs, motherland and participants of international political affairs;

- will elect the president and the vice president of the Assembly of the Hungarians of Vojvodina by secret ballot, as well as the Administrative Committee;

- will elect agencies of the Assembly of the Hungarians of Vojvodina;

- will pass the statute of the Assembly of the Hungarians of Vojvodina;

- will pass other legal regulations and individual acts within its competence.

 

2. 3. 2. The Council of the Personal Autonomy

 

- will finalize the proposal of the annual report on the affairs of the minority personal autonomy submitted by the Administrative Committee to the Assembly of the Hungarians of Vojvodina for approval;

- will approve the annual financial plan concerning education, culture and information;

- will approve the medium-term plan for financing and promoting education, culture and information, as well as the criteria for distribution;

- will approve the basic principles of the relationship with the bodies of the territorial autonomies and will regulate the relationship and cooperation;

- will propose bills to the Government of the Republic of Serbia;

- will evaluate the proposed bills of the Administrative Committee submitted to the Assembly of the Hungarians of Vojvodina;

- will elect the president, vice president and agencies by secret ballot;

- will elect by voting from the list of candidates the members of the political Council by secret ballot;

- will decide on the replacement of the members of the Political Council;

- will appoint the officials of the minority personal autonomy who are not subject to elections;

- will pass the statutes of the Council;

- will decide on establishing the technical agencies of the Council and their structure;

- will verify parts of the constitution, referring to the competence of the Council, of institutions, enterprises and associations belonging to the minority personal autonomy;

- will pass other provisions of law and individual acts within its competence.

 

2. 3. 3. The Political Council

 

- will find out and express the fundamental political interests of the Hungarians of Vojvodina and represent them in front of the competent bodies of the Republic of Serbia and in the international field;

- will present annual report on the situation of the Hungarians of Vojvodina to the Assembly of the Hungarians of Vojvodina;

- will make an agreement with the government of the Republic of Serbia on the competence and structure of the Hungarian Autonomous District;

- will create attitudes and represent them in accordance with the political aspirations of the Hungarians of Vojvodina;

- will coordinate the activities of the provincial, republic and federal deputies in accordance with its competence;

- will elect the president and the vice president by secret ballot;

- will appoint the technical body to conduct negotiations with the deputies of the Government of the Republic of Serbia concerning annual fund for the political and financial functioning of the minority personal autonomy;

- will approve and make arrangement with the competent state body on annual fund for the political and financial functioning of the minority personal autonomy;

- will pass the statutes of the Council.

 

2. 3. 4. The Administrative Committee

 

- will see to laws and other general rules referring to the activities of the minority personal autonomy, as well as to the enforcement of the regulations and decision of the Assembly of the Hungarians of Vojvodina and the Council of the Personal Autonomy;

- will prepare and submit the proposal for the annual report on the activities of the minority personal autonomy of the Council of the Personal Autonomy;

- will see to the realization of the annual financial plan concerning education, culture and media;

- will see to the preparation of annual and medium-term plans for financing and promoting eduction, culture and information, as well as criteria for distribution;

- will draw up the fundamental principles of the relationship with the bodies of the territorial autonomies and the regulations of the relationship and cooperation;

- will keep contact with the competent ministries of the Republic of Serbia, with the aim of practical realization of the agreement on political and financial support for the functioning of the minority personal autonomy;

- will prepare bills and rules to the Assembly of the Hungarians of Vojvodina and the Council of the Personal Autonomy in accordance with its competence;

- will keep a record of the persons, firms, enterprises, institutions, organizations and associations functioning within the minority personal autonomy;

- will appoint officials in accordance with its competence;

- will pass the statutes of the Committee;

- will evaluate parts of the constitution referring to the competence of the Council, institutions, associations and enterprises and collect them for verification;

- will generally supervise the affairs of educational, and cultural institutions, as well as the media of minority personal autonomy;

- will follow with attention the use of the language in practice and will make proposals for the promotion of the equality of languages;

- will pass other regulations and individual acts;

- will decide on establishing technical agencies of the Committee and their organizational upbuilding.

 

2. 4. THE ESTABLISHMENT OF THE BODIES OF THE MINORITY PERSONAL AUTONOMY

 

The order of the establishment of the bodies of minority personal autonomy is the following:

 

2. 4. 1. The Establishment of the Committee of the Personal Autonomy

 

2. 4. 1. 1. The election of the 51 members of the Committee of the Personal Autonomy will be carried out by general, equal, direct and secret ballot. Voters may be people who have been registered in the voters' register of the Hungarians in Vojvodina. The voting will be held at the time of the municipal elections.

2. 4. 1. 2. The candidate may be any citizen who has been registered in the voters' registry of the Hungarians of Vojvodina.

2. 4. 1. 3. The nominations are performed by the registered political parties and by groups of citizens registered in the voters's registry of the Hungarians of Vojvodina.

2. 4. 1. 4. Within 15 days following the elections, the Committee of the Personal Autonomy will have its statutory meeting.

 

2. 4. 2. The Establishment of the Political Committee

 

2. 4. 2. 1. Within 15 days following the establishment, at a separate meeting, the Committee of the Personal Autonomy will elect a 21-member Political Council by secret ballot.

2. 4. 2. 2. The candidate may be every citizen who is included in the voters' register of the Hungarians of Vojvodina and at the time of the nomination is a member of any assembly elected in general elections, but is not a member of the Council of the Personal Autonomy.

2. 4. 2. 3. The nominations are carried out by the registered political parties and groups of citizens registered in the voters' registry of the Hungarians of Vojvodina.

2. 4. 2. 4. Within 15 days following the elections, the Political Council will have its statutory meeting.

 

2. 4. 3. The Establishment of the Assembly of the Hungarians of Vojvodina

 

2. 4. 3. 1. Within 15 days following the establishment of the Political Council with the participation of the members of the Council of the Personal Autonomy and the Political Council, the Assembly of the Hungarians will have its statutory meeting.

2. 4. 3. 2. At the statutory meeting, the Assembly of the Hungarians of Vojvodina will adopt the statutes, will elect the president, the vice president and the agencies.

2. 4. 3. 3. After the establishment, the Assembly of the Hungarians of Vojvodina will elect a 5-member nomination committee, which will make a proposal, possibly at the statutory meeting, for the election of the president and the members of the Administrative Committee.

2. 4. 3. 4. The Assembly of the Hungarians of Vojvodina will elect an 11-member Administrative Committee by secret ballot.

 

2. 4. 4. The Establishment of the Administrative Committee

 

2. 4. 4. 1. After the elections, the Administrative Committee will have its statutory meeting.

2. 4. 4. 2. The Committee will adopt the Statute of the body at the statutory meeting.

2. 4. 4. 3. The Committee will elect its vice president by secret ballot.

2. 4. 4. 4. At the first meeting following the establishment, the Council will determine the range of work of its members.

 

2. 5. THE FUNCTIONING OF THE BODIES OF THE PERSONAL AUTONOMY

 

2. 5. 1. The bodies of the minority personal autonomy will function according to the Constitution of the Minority Personal Autonomy of the Hungarians of Vojvodina.

2. 5. 2. The Constitution represents the political character of the Hungarians of Vojvodina and determines the constant model of cooperation and dialogue with the bodies of the power of the Republic of Serbia.

 

Subotica, March 11, 1995

The Assembly of the Democratic Community

of the Hungarians of Vojvodina