PREAMBLE

The Parliament of the Czech Republic as the parliament of a democratic and legal state
considering the right of national and ethnic identity as a part of human rights;
respecting the identity of members of national minorities as individuals and a group representing itself especially by its own culture, traditions and language;
considering the creation of a multicultural society and attempting to facilitate the harmonious coexistence of national minorities with the majority population;
guaranteeing members of national minorities the right of their active participation in cultural, social and economic life and public affairs, especially those which concern national minorities;
protecting rights of members of national minorities in accordance with international conventions on human rights and fundamental freedoms by which the Czech Republic is bound, with the Constitution and Charter of Rights and Freedoms
decided by resolution on this Act of the Czech Republic:

(1) This act regulates rights of members of national minorities and responsibilities of ministries, other administrative authorities and bodies of regional self-government units (thereafter „public administration bodies“) in relation to them.

(2) The provisions of special legal regulations which regulate rights of members of national minorities are not prejudiced by this act.

(1) A national minority is a community of citizens of the Czech Republic who live on the territory of the present Czech Republic and as a rule differ from other citizens by their common ethnic origin, language, culture and traditions; they represent a minority of citizens and at the same time they show their will to be considered a national minority for the purpose of common efforts to preserve and develop their own identity, language and culture and at the same time express and preserve interests of their community which has been formed during history.

(2) The member of a national minority is a citizen of the Czech Republic who professes other than Czech ethnic origin and wishes to be considered a member of a national minority in common with the others who profess the same ethnic origin.

(1) Members of national minorities individually or in common with other members of a national minority are guaranteed to be able to exercise their rights determined by this act, special legal regulations or international conventions on human rights and fundamental freedoms by which the Czech Republic is bound.

(2) Exercise of rights of national minorities must not be restricted or ruled out.

(1) The membership of a national minority must not cause loss to anyone.

(2) The public administration bodies do not keep records of members of national minorities. Procuring, processing and using personal data concerning the membership of a national minority comply with provisions of special legal regulations.1) The data on professing ethnic origin procured by these bodies during the census or according to another special act that enables the determination of the membership of a national minority must not be used for any other purpose than that for which they have been collected and stored and after statistical processing they must be destroyed.

(1) Members of a national minority have the right to their active participation in cultural, social and economic life and public affairs, especially those concerning national minorities whose members they are, and this at the level of community, region and state as a whole.

(2) Members of a national minority exercise their right according to paragraph 1 especially by means of committees for national minorities established according to special legal regulations3) and the government´s Council for National Minorities (thereafter „the Council“).

(3) The government establishes the Council as its consultative and initiative body for matters concerning national minorities and their members. At the head of it is a member of the government.

(4) Members of the Council are representatives of national minorities and public authorities; at least half of them must be representatives of national minorities nominated by associations of members of national minorities.

(5) The Council is competent to

(6) Details concerning the composition of the Council and the way of nomination of its members and its activities are determined in rules of the Council sanctioned by the government.

Members of national minorities have the right to use their name and surname in the language of their national minority under conditions determined by a special legal regulation.4)

(1) Members of national minorities living tradionally and for a long time on the territory of the Czech Republic have the right to have the name of a community in which they live, the names of its parts, streets and public places as well as the functions of buildings of public authorities and electoral rooms posted in the languge of the national minority as well as in the Czech language.

(2) Conditions for exercise of this right according to paragraph 1 and the way of denomination of multilingual names are determined in a special legal regulation.5)

Members of national minorities living traditionally and for a long time on the territory of the Czech Republic have right to use the language of a national minority in official documentation and discourse and hearing before a court. Conditions for exercise of this right are determined in special legal regulations.6)

Under conditions determined by special legal regulations7) members of national minorities living traditionally and for a long time on the territory of the Czech Republic have the right to publicise the notice of the term and place of elections and other information for voters in the language of national minorities.

(1) Members of national minorities living traditionally and for a long time on the territory of the Czech Republic have the right of upbringing and education in their mother tongue at schools, pre-school and school institutions under conditions determined by special legal regulations.8)

(2) Members of national minorities according to paragraph 1 are allowed under conditions determined by special legal regulations8) to establish

(1) Members of national minorities have the right to maintain and develop their language, culture and traditions and the right to respect for them.

(2) The state creates preconditions for maintaining and developing culture, traditions and languages of members of national minorities living traditionally and for a long time on the territory of the Czech Republic; it supports especially such programmes which are specialised in theatres, museums, galleries, libraries, documentation and other activites of members of national minorities. For this purpose it provides grants from the Budget; conditions and the way of providing grants are determined in a government decree.

(1) Members of national minorities have the right to spread and receive information in their language.

(2) For the purpose of maintaining and developing culture, traditions and languages the state supports publishing periodical and non-periodical printed matter and radio and television broadcasting in the languages of national minorities living traditionally and for a long time on the territory of the Czech Republic. For this purpose it provides grants from the Budget; conditions and the way of providing grants are determined by a government decree.

(3) Creating and disseminating radio and television broadcasting related to members of national minorities and implemented by legitimate operators are determined by special legal re-gulations.9)

The Act N. 200/1990 Coll. on misdemeanours as amended by the Act N. 337/1992 Coll., the Act N. 344/1992 Coll., the Act 359/1992 Coll, the Act N. 67/1993 Coll., the Act N. 290/1993 Coll., the Act N.134/1994 Coll., the Act N. 82/1995 Coll., the Act N. 237/1995 Coll., the Act N. 279/1995 Coll., the Act N. 289/1995 Coll., the Act N. 112/1998 Coll., the Act N. 168/1999 Coll., the Act N. 360/1999 Coll., the Act 29/2000 Coll., the Act N. 121/2000 Coll.,the Act N. 132/2000 Coll.,the Act N. 151/2000 Coll., the Act 258/2000 Coll., the Act N. 361/2000 Coll., the Act 370/2000 Coll., the Judgement of the Constitutional Court N. 52/2001 Coll., the Act N. 164/2001 Coll., the Act N. 254/2001 Coll., the Act N. 265/2001 Coll. and the Act N. 274/2001 Coll. is amended as follows:

1. In § 49 at the end of paragraph 1 the full stop is replaced by a comma and the subparagraphs d) and e) are amended; their wording is as follows:

"d) restricts or precludes a member of a national minority from the exercise of rights of members of national minorities;

e) causes loss to another person for his membership of a national minority or ethnic origin, race, colour, sex, sexual orientation, language, religion, political or other views, membership or activity in political parties or movements, trade unions or other associations, social origin, property, birth, health condition, marriage or family status.".

2. In § 49 paragraph 2 after words „1 000 crowns“ the conjunction „and“ is replaced by

a comma and at the end of the text the words „and for a misdemeanours according to the paragraph 1 d) and e) the penalty to the level of 5 000 crowns“ are added.

The Act N. 128/2000 Coll. on communities (local government) is amended as follows:

1. In § 29 paragraph 2 the figure „20“ is replaced by the figure „10“ and the figure „50“ is replaced by the figure „40“.

2. In § 117 paragraph 3 in the first sentence the figure „15“ is replaced by the figure „10“; at the end of the second sentence the full stop is replaced by a semicolon and the text „but members of national minorities must always represent at least the half of all members of the committee“ is added.

In § 72 paragraph 2 of the Act N. 129/2000 Coll. on regions (regional government) the figure „10“ is replaced by the figure „5“ and the words „the same ethnic origin other than Czech“ are replaced by the words „the ethnic origin other than Czech“; at the end of the second sentence the full stop is replaced by a semicolon and the text „but members of national minorities must always represent at least the half of all members of the committee“ is added.

In § 78 paragraph 2 of the Act N. 131/2000 Coll. on capital Prague in the first sentence the figure „15“ is replaced by the figure „5“; at the end of the second sentence the full stop is replaced by a semicolon and the text „but members of national minorities must always represent at least the half of all members of the committee“ is added.

In § 31 of the Act N. 152/1994 Coll. on elections to community councils and amendment of some other acts paragraph 3 is amended; its wording including footnote N. 10a) is as follows:

”(3) In a community where the committee for national minorities is being established according to a special act 10a), the by-law according to paragraphs 1 and 2 will be issued also in the language of respective national minority.

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^10a) § 117 paragraph 3 of the Act N. 128/2000 Coll. on communities (local government), as amended by the Act N. 273/2001 Coll. ”.

In § 27 of the Act N. 130/200 Coll. on elections to regional councils and amendment of some acts paragraph 3 is amended; its wording including footnote N.18a is as follows:

” (3) In a region where the committee for national minorities is being established according to a special act 18a), the notice according to paragraphs 1 and 2 will be issued also in the language of respective national minority.

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^18a) § 78 paragraph 2 of the Act N. 129/2000 Coll. on regions (regional government), as amen-ded by the Act N. 273/2001 Coll. ”.

This act comes into effect on the date of its promulgation.

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¹⁾ Act N. 101/2000 Coll. on protection of personal data and amendment of some acts, as amended.
²⁾ Act N. 83/1990 Coll. on association of citizens, as amended.
Act N. 424/1991 Coll. on association in political parties and movements, as amended.
Act N. 220/1999 Coll. on the course of national or compensatory military service, military trainings and legal position of reservists.
Act N. 221/1999 Coll. on regular soldiers, as amended by the Act N. 155/2000 Coll.
³⁾ Act N. 128/2000 Coll. on communities (local government), as amended by the Act N. 273/2001 Coll.
Act N. 129/2000 Coll. on regions (regional government), as amended by the Act N. 273/2001 Coll.
Act N. 131/2000 Coll. on capital Prague, as amended.
⁴⁾ Act N. 301/2000 Coll. on registers, name and surname and amendment of some related acts.
⁵⁾ Act N. 128/2000 Coll. as amended by the Act N. 273/2001 Coll.
⁶⁾ § 18 of the Act N. 99/1963 Coll. on the Rules of Civil Procedure, as amended by the Act N. 30/2000 Coll.
§ 7 of the Act N. 335/1991 Coll. on courts and judges. § 2 of the Act N. 141/1961 Coll. on judical criminal proceedings (Rules of Criminal Procedure), as amended.
§ 33 of the Act N. 182/1993 Coll. on the Constitutional Court. § 12 of the Act N. 563/1991 Coll. on accounting.
§ 46a of the Act N. 202/1990 Coll. on lotteries and similar games, as amended by the Act N. 149/1998 Coll.
§ 3 of the Act N. 337/1992 Coll. on administration of taxes and charges, as amended by the Act N. 35/1993 Coll. and the Act N. 255/1994 Coll.
⁷⁾ Act N. 152/1994 Coll. on elections to community councils and amendment of some other acts, as amended.
Act N. 130/2000 Coll. on elections to regional councils and amendment of some acts, as amended by the Act 273/2001 Coll.
Act N. 247/1995 Coll. on elections to the Parliament of the Czech Republic, as amended.
⁸⁾ Act N. 76/1978 Coll. on school insitutions, as amended.
Act N. 29/1984 Coll. on the system of primary schools, secondary schools and secondary modern schools (Education Act), as amended.
Act N. 564/1990 Coll. on state administration and self-administration in educational system, as amended.
⁹⁾ Act N. 483/1991 Coll. on Czech Television, as amended.
Act N. 484/1991 Coll. on Czech Radio, as amended.