Act LXXVII of 1993
on the Rights of National and Ethnic Minorities
(abstract issue)
CHAPTER III
Collective rights of minorities
§ 17
Minorities may establish social organisations, local and national
self-governments.
CHAPTER IV
Self-governments for minorities
§ 21
(1) Each minority may pursuant to the provisions set forth in this Act establish minority municipalities in villages, towns and the districts of the Capital, or, directly or indirectly local governments for minorities as well as national self-governments for minorities. In the capital directly created local governments for minorities may be established.
(2) Regarding the election of citizens who belong to minorities for local candidate, Act LXIV of 1990 on the Election of the Members and Mayors of Local Governments as amended by Article 64 of this Act shall apply.
§ 22
(1) The local government of a settlement in the body of representatives of which more than half of the representatives have been elected as candidates of a national or ethnical minority may declare itself a local government for minorities.
(2) If at least 30 percent of the body of representatives of a local government have been elected as candidates of one and the same minority, these representatives may establish a local government for minorities consisting of 3 persons for each minority respectively (hereinafter referred to as “indirectly created local government for minorities”).
§ 23
(1) Pursuant to the provisions set forth in Articles 51-54 of Act LXIV of 1990 on the Election of the Members and Mayors of Local Governments as amended by Article 64 hereof, citizens may establish local governments for minorities through direct election (hereinafter referred to as “directly created local government for minorities”).
(2) The number of the members of directly created local governments for minorities shall be 3 persons in settlements with 1,300 or less inhabitants, 5 persons in settlements, including the districts of the capital, with more than 1,300 inhabitants, and 9 persons in the capital.
(3) Directly created local governments for minorities shall elect their leaders themselves, in compliance with rules determined by the majority of this body.
(4) The member of a directly created local government for minorities who is not a member of the local government, may become a member only of the body of a directly created local government for minorities created pursuant to Articles 51-54 of Act LXIV of 1990 on the Election of the Members and Mayors of Local Governments as amended by Article 64 hereof.
(5) One minority may establish only one indirectly created local government for minorities, or, for lack of it, one directly created local government for minorities at the settlement.
(6) Directly and indirectly created local governments for minorities (hereinafter referred to jointly as “local governments for minorities”) shall have identical responsibilities and powers.
(7) The representation of a minority may not be implemented by a mediator in the settlement municipality, unless the minority represented by him/her has no local government for minorities.
§ 31
(1) The national self-government for minorities (hereinafter referred to as “national self-government”) may be established pursuant to the rules of this Act.
(2) The national self-government shall be elected by electors. Members of a local government of a settlement who have been elected as representatives of a minority, members of local governments for minorities, and their mediators shall be minority electors. If in the body of representatives of a local government of a settlement the relevant minority has neither a representative for minorities, nor a mediator, or, the relevant minority has no local government for minorities at the settlement, the election of an elector at the settlement may be initiated by three voters who declare themselves to belong to the relevant minority.
(3) At the initiation of minimum three voters who belong to the same minority, an electoral meeting shall be convened.
§ 32
(1) The electoral meeting shall be convened by the local election committee. A separate meeting for each national and ethnic minority shall be held, which may be attended by voters having their domicile at the settlement. The date and place of the meeting shall be made publicly known by an announcement.
(2) The electoral meeting shall be held in 60 days from the day of the election of the members and mayors of local governments. A common fiduciary of the voters initiating the electoral meeting [paragraph 3 Article 31] shall be added to the local election committee during the term of the election of electors. The common fiduciary shall be entitled to participate in the activity of the local election committee only to the extent of matters related to the electoral meeting of the given minority.
(3) The meeting of the inhabitants who belong to one and the same national or ethnic minority shall be entitled to elect the electors. The electoral meeting shall constitute a quorum if minimum 10 persons have appeared. The participants shall decide the election of the elector with ballot papers made through open nomination, by secret ballot, with simple majority.
(4) At the given settlement one minority may elect only one elector, and one elector may assume only one elector’s mandate.
(5) The fact that only voters having suffrage in the settlement have participated in the election shall be checked by the local election committee on the grounds of the register compiled by the local clerk.
§ 33
(1) In 3 days after the electors’ meetings the local election committees shall make the name of the electors belonging to one and the same minority elected at the meetings to elect electors known to the National Election Committee.
(2) The National Election Committee shall in 60 days from the deadline determined in paragraph (2) Article 32 convene the electors’ meeting, on condition that the number of the electors attain 14 persons. The number of electable representatives [paragraph 3 Article 63] shall not attain the number of the electors present.
(3) In the event the electors’ meeting convened pursuant to paragraph (2) does not constitute a quorum, the National Election Committee shall on one occasion convene the electors’ meeting again appointing a date for the meeting which is 60 days from the date of the meeting not constituting a quorum.
(4) One identical national or ethnic minority may establish only one national self-government. Several national and ethnic minorities may set up a common, associated national self-government.
§ 34
The members of the convention of the national self-government shall be elected by the electors from themselves, properly applying the relevant rules pertaining to the small list election set forth under the act on the election of the members and mayors of local governments, by secret ballot. The electors’ meeting shall constitute a quorum when it is attended by at least half of the electors
elected.
CHAPTER IX
Closing provisions
§ 61
a) The metropolitan local government for minorities shall be elected by electors for minorities. Members of local governments of districts who have been elected as representatives, and members of local governments for minorities as well as electors specially elected for this purpose shall be electors.
b) If a minority has no local government set up in any of the districts, then at the initiative of 10 voters who declare themselves to belong to the given minority and have their domicile in the capital, an electoral meeting shall be convened. At the electoral meeting, pursuant to the provisions stipulated in Articles 31-34 of the Minorities’ Right Law, 9 representatives shall be elected on a small list. The election shall be valid if minimum 100 voters domiciled in the capital out of the participants of the electoral meeting have validly elected on the small list. The representatives for minorities elected shall at the same time fulfil the responsibilities of electors at the election of the national self-government of the given minority.
§ 63
(1) The provisions of Act LXV of 1990 on Local Governments and other rules of law pertaining to local governments shall be applied concurrently with the rules of this Act.
(3) The number of the members of the convention of the national self-government convened for the first time shall be determined by the electors’ meeting and shall be between 13 and 53 persons.