International Law and Legal Acts in The FR Yugoslavia

In international law there is no generally accepted and binding definition of national minorities; however, all relevant definitions of this term mostly contain the same basic elements. According to the lawyer Kapotorty, a national minority is a group which is smaller in numbers than the rest of the dominant population of a country, whose members, the country's subjects, have ethnic, religious or linguistic characteristics different from the rest of the population and implicitly show a feeling of solidarity in keeping their own culture, tradition, religion and language. A similar definition is given by the Sub-Commission (of the Human Rights Committee) on Prevention of Discrimination and Protection of Minorities: a minority is a group of citizens of a country, smaller in number and subordinate, with ethnic, religious or linguistic characteristics that mark it off from the majority of the population., whose members show solidarity and, even if it is only implicit, collective will to survive and who aim at real and legal equality with the majority.

The rights and status of minorities are defined, with regard to their importance, by the highest legal acts of the country as well as international legal documents.

International Legislation

The formal importance of international legal regulations lies in the obligations that follow from the international conventions taken over by the FRY, as it claims to be the only successor of the SFRY, in terms of regulating and protecting the rights of national minorities. However, ratio of this normative field, in the situation when pure ethnic states are rare, is in the contribution to the social and political stability and security both on the country level and the level of the region and the international community. Besides, the question of national minorities is one of the questions that do not belong exclusively to the domain of the state any more¹.

In international treaties, the protection of national minorities dates back to the Peace of Westphalia (1648), and there is a tendency in the twentieth century to supplement the abstract protection of minorities through the protection of their basic human rights for all people without any distinction² by formulating special rights of national minorities which derive from their specific status. In this respect, Article 27 of the International Covenant on Civil and Political Rights (1966) represents a turning point.

United Nations Documents

The Charter of the United Nations (1945)
It states that the purposes of the United Nations are, among other things, to achieve international co-operation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

The Universal Declaration of Human Rights (1948)
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The International Covenant on Economic, Social and Cultural Rights (1966)
Pursuant to the covenant, each signatory state undertakes immediate application of the prohibition of discrimination in the enjoyment of the rights enumerated on grounds of race, colour, sex, language, religion, or political or other opinion; national or social origin; property; and birth or other status.

The International Covenant on Civil and Political Rights (1966)
Apart from Article 2, which requires each state party to respect and to ensure to all individuals the rights recognized in the covenant without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Article 26, which claims that all are equal before the law and forbids any discrimination, Article 27 explicitly designates the right of ethnic, religious, or linguistic minorities to enjoy their own culture, to profess and practice their own religion, and to use their own language.

The General Commentary of the Human Rights Committee for this Article (1994) stresses that this right of national minorities should neither be understood as the right to self-determination, or mixed with the obligation of a country to undertake to respect and to ensure to all individuals the rights recognized in the covenant without distinction of any kind and to guarantee equality before the law. Article 27 has been explained in the way that individuals who should be protected by it neither have to be subjects of the respective country nor have to have permanent residence within its territory. The term culture is too broadly defined and includes the specific way of life which can be connected with the way of exploiting land and other resources as well as with traditional activities. In addition, the right of minorities to use their own language, as a special right, should be distinguished from everyone's right to freedom of expression, as well as from the narrower right of the defendant to use his own language in a legal process. Generally speaking, the rights stipulated in Article 27 should not be mixed with other individual rights guaranteed to each human being.

The United Nations Declaration of the Elimination of All Forms of Racial Discrimination (1963)
It prohibits the realization, incitement or complicity in discrimination as to the enjoyment of human rights and freedoms on the grounds of race, colour or ethnic origin. The prevention of discrimination is especially designated in terms of civil rights: nationality, education, religion, employment, profession and residence, the right to use public facilities, and furthermore in terms of political rights, especially the right to take part in elections through the general and equal right to vote and taking part in governing bodies.

The International Convention on the Elimination of All Forms of Racial Discrimination (1965)
It defines racial discrimination as any distinction, barring, restriction or giving priority on the grounds of race, colour, descendants, national or ethnic origin. The adoption of measures in the areas of politics, legislation, social security or culture is necessary, and the demand for the elimination of discrimination includes a wider spectrum of civil and political rights in comparison with the previous Convention.

The International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)
The participating states will take measures in order to prevent and censure the practice and policy of racial segregation in countries such as South Africa, where apartheid was widely practised.

The Convention on the Prevention and Punishment of the Crime of Genocide (1948)
Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, imposing measures intended to prevent births within the group, forcibly transferring children of the group to another group. Conspiracy, incitement, attempt, and complicity in genocide are also made punishable. Perpetrators may be punished whether they are constitutionally responsible rulers, public officials, or private individuals. The states are obliged to extradite their own nationals for trial.

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992)
Apart from the provisions regarding the protection of national minorities and the provisions of Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to minorities, this Declaration affirms that persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life, the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation, the right to establish and maintain their own associations, the right to establish and maintain contacts with other members of their group within their country or across frontiers. States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law, except in cases when these practices represent a violation of national laws or when they are contrary to international standards. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole. National policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities. However, the exercise of the rights set forth in the present Declaration shall not prejudice the enjoyment by all persons of universally recognized human rights and fundamental freedoms, and may not permit any activity contrary to the purposes and principles of the United Nations, including sovereign equality, territorial integrity and political independence of States.

The UNESCO Convention against Discrimination in Education
The term "discrimination" includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of nullifying or impairing equality of treatment in education and in particular of depriving any person or group of persons of access to education of any type or at any level, or of limiting any person or group of persons to education of an inferior standard. The States Parties to this Convention recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and the use or the teaching of their own language, provided, however, that this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty. The standard of education may not be lower than the general standard laid down or approved by the competent authorities, and attendance at such schools is optional.

Documents of The Conference on Security and Co-operation in Europe (CSCE)³

The Helsinki Final Act (1975)
Apart from respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion, the participating states will respect the right of national minorities to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms, and will, in this manner, protect their legitimate interests in this sphere.

The Madrid Concluding Document (1983)
The participating states will promote constant progress in the realization, respect and actual enjoyment of human rights of national minorities, as well as the protection of their legitimate interests

The Vienna Concluding Document (1989)
The participating states will take all the necessary legislative, administrative and other measures in order to protect human rights of persons belonging to national minorities, they will protect and create conditions for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities and ensure their full equality with others. Persons belonging to national minorities can establish and maintain contacts with citizens of other states with whom they share a common national origin or cultural heritage, and cherish and develop their own culture in all aspects, including language, literature, religion and the preservation of cultural and historical monuments and objects. The participating states will ensure that persons belonging to national minorities have access to, disseminate and exchange information in their native language, and facilitate education of minorities in terms of their own culture, including learning the language, religion, and cultural identity by transferring it from parents to their children.

The Second Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen (1990)
Apart from the Articles stating that persons belonging to national minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law, to which purpose the participating States will adopt, where necessary, special measures, it is established that to belong to a national minority is a matter of a person's individual choice and no disadvantage may arise from the exercise of such choice. Besides the right to preserve their identity and to maintain and develop their culture, persons belonging to national minorities have the right to use freely their mother tongue in private as well as in public; to establish and maintain their own educational, cultural and religious institutions, organizations or associations in conformity with national legislation; to profess and practise their religion; to establish and maintain contacts among themselves within their country as well as contacts across frontiers; to disseminate, have access to and exchange information in their mother tongue; to establish and maintain organizations or associations within their country and to participate in international non-governmental organizations. The participating States will protect the ethnic, cultural, linguistic and religious identity of national minorities; they will endeavour to ensure that persons belonging to national minorities have adequate opportunities for instruction of their mother tongue or in their mother tongue, as well as, wherever possible and necessary, for its use before public authorities; in the context of the teaching of history and culture in educational establishments, they will also take account of the history and culture of national minorities; the participating States will respect the right of persons belonging to national minorities to effective participation in public affairs. On the other hand, national minorities have no right to engage in any activity or perform any action in contravention of the purposes and principles of the Charter of the United Nations, including the principle of territorial integrity of States.

Charter of Paris for a New Europe (1990)
It affirms that the ethnic, cultural, linguistic and religious identity of national minorities will be protected and that persons belonging to national minorities have the right freely to express, preserve and develop that identity without any discrimination and in full equality before the law. The participating countries further acknowledge that the status of national minorities should be promoted and the rights of persons belonging to these minorities must be fully respected as part of universal human rights.

Report of the CSCE Meeting of Experts on National Minorities, Geneva (1991)
It is established that issues concerning national minorities, as well as compliance with international obligations and commitments concerning the rights of persons belonging to them, are matters of legitimate international concern and consequently do not constitute exclusively an internal affair of the respective State. However, all ethnic, cultural, linguistic or religious differences do not necessarily lead to the creation of national minorities. In areas inhabited mainly by persons belonging to a national minority, the human rights and fundamental freedoms of persons belonging to that minority, of persons belonging to the majority population of the respective State, and of persons belonging to other national minorities residing in these areas will be equally protected. Respecting the right of persons belonging to national minorities to effective participation in public affairs, the participating States consider that when issues relating to the situation of national minorities are discussed within their countries, they themselves should have the effective opportunity to be involved, in accordance with the decision-making procedures of each State. The participating States will create conditions for persons belonging to national minorities to have equal opportunity to be effectively involved in the public life and economic activities, they will take the necessary measures to prevent discrimination against individuals, particularly in respect of employment, housing and education, and they confirm the importance of refraining from hindering the production of cultural materials concerning national minorities. The participating States reaffirm, and will not hinder the exercise of, the right of persons belonging to national minorities to establish and maintain their own educational, cultural and religious institutions, organizations and associations, and to participate in international non-governmental organizations, as well as maintain contacts with the members of their group within their own country or across international frontiers. In access to the media, they will not discriminate against anyone based on ethnic, cultural, linguistic or religious grounds. The States will make efforts to collect, publish on a regular basis, and make available to the public, data about crimes on their respective territories that are based on prejudice as to race, ethnic identity or religion and they will, on a voluntary basis, distribute information to other participating States about the situation of national minorities in their respective territories. Moreover, the Report suggests measures, taken by some States, which proved to be efficient in this area.

The Third Meeting of the Conference on the Human Dimension of the CSCE, Moscow (1991)
The participating States confirm the decisions and obligations of all the previous CSCE Documents concerning national minorities issues.

CSCE Helsinki Document (1992)
The participating States decide to establish a High Commissioner on National Minorities. His mandate is to provide "early warning" and, as appropriate, "early action" as an instrument of conflict prevention at the earliest possible stage. The States will intensify in this context their efforts to ensure the free exercise by persons belonging to national minorities the right to participate fully, in accordance with the democratic decision-making procedures of each State, in the political, economic, social and cultural life of their countries including through democratic participation in decision-making and consultative bodies at the national, regional and local level, inter alia, through political parties and associations. National minority issues will be addressed by peaceful means and through dialogue and the States will refrain from resettling and condemn all attempts, by the threat or use of force, to resettle persons with the aim of changing the ethnic composition of areas within their territories.

Domestic Legislation

The legal status of national minorities is defined by the Constitution of the Federal Republic of Yugoslavia, the Constitution of the Republic of Serbia, the Constitution of the Republic of Montenegro, and federal as well as republic regulations in Serbia and Montenegro. As the Constitution of the Republic of Serbia was passed in 1990, and the majority of relevant federal and republic acts are from the period before the federal Constitution was introduced, taking into consideration the fact that there has been no co-ordination between these acts and the federal Constitution, which is the fundamental legal act, it can be concluded that there is inconsistency in domestic legal acts.

The Constitution of the Federal Republic of Yugoslavia (1992)
Five Articles in the Yugoslav Constitution are explicitly devoted to the rights of national minorities: Yugoslavia recognizes and guarantees all rights of national minorities to maintaining, developing and expressing their ethnic, cultural, linguistic and other identity, as well as the right to the use of national symbols (Art. 11). Language and alphabet of national minorities are officially used in areas inhabited to a certain extent by a national minority (Art. 15.2). Persons belonging to a national minority have the right to education and access to public information in their own language (Art. 46), as well as the right to establish and maintain their own educational, cultural and religious institutions, organizations and associations (Art. 47). They also have the right to establish and maintain unimpeded contacts with the members of their group within their own country or across international frontiers, and the right to participate in international non-governmental organizations (Art. 48).

The Constitution determines that the rights stated in Article 11 can be used in accordance with international law, the rights stated in Articles 15.2, 46 and 47 in accordance with the law, and the rights stated in Article 48 can be used, but not in contravention of the interests of Yugoslavia or its republics.

There are some important provisions which also protect the special rights of persons belonging to national minorities, such as: equality before the law without any distinction as to race, sex, language, religion, political or other belief, education, social origin, wealth and other personal characteristics (Art. 20.1; 2), the freedom of expressing their national origin, culture and the use of their language and alphabet (Art. 45), the censure of incitement or complicity in discrimination on the grounds of ethnic origin, race, religion or any other grounds, incitement of hatred and hostility (Art. 50), and the recognition and guarantee of human and civil rights and freedoms in conformity with international law (Art. 10), to name but a few.

Persons belonging to national minorities have the right to profess and practice their religion, in private or in public, and to perform religious rites (Art. 43.1).

According to the Yugoslav Constitution, distribution of newspapers and dissemination of other information, as well as the work of political, trade union or other organizations can be banned in case they incite ethnic, racial or religious discrimination and hatred (Art. 28.2 and Art. 42.1).

The right to use their own language is guaranteed to all individuals in detention or incarceration (regarding the information on the reasons for their imprisonment) and to all individuals in procedures before state authorities and organizations which in exercising their responsibilities decide on the rights and duties of the individuals (Art. 23.3 and Art. 49).

The Constitution of the Republic of Serbia (1990)
Taking into consideration special ethnic, historical, cultural and other characteristics (Art. 108), the Constitution establishes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija as forms of territorial autonomy (Art. 6).

Instead of the term "national minorities", the term nationalities is used, and explicitly only in two Articles: the one proclaiming the right to use language and alphabet of the minorities officially in the areas where they live, the other proclaiming the right of nationalities to maintain education in their own language (Art. 8.2 and Art. 32.4). Both rights are used in conformity with the law.

The Constitution guarantees the right to all citizens to express their national identity and culture, as well as freedom of using their language and alphabet (Art. 49).

Freedom of professing religion is guaranteed (Art. 41.1).

All citizens have equal rights and duties and enjoy equal protection before the authorities, without any distinction as to race, sex, birth, language, ethnic identity, religion, political or other belief (Art. 13).

Political work or distribution of newspapers and dissemination of other information can be banned in case of incitement or complicity in ethnic, racial and religious hostility and hatred (Art. 44.2 and Art. 46.6).

The Constitution of the Republic of Montenegro (1992)
It uses the term "persons belonging to national and ethnic groups" instead of the term persons belonging to national minorities and devotes a special section to their rights.

Articles 67 to 76 guarantee: protection of national, ethnic, cultural, linguistic and religious identity of persons belonging to national minorities in conformity with international protection of human and civil rights, the right to use freely their language and alphabet, the right to education and information in their mother tongue, the right to use and display their national symbols, the right to maintain educational, cultural and religious associations with financial assistance from the state. Curricula in schools also include the history and culture of national and ethnic groups. Persons belonging to national and ethnic groups have the right to use their language in procedures before state authorities, the right to proportional representation in the public sector, governing bodies and local autonomous bodies, the right to maintain contacts with citizens outside Montenegro with whom they share a common national origin, the right and to participate in regional and international non-governmental organizations, as well as the right to appeal to international institutions in order to protect their constitutional rights.

The exercise of special rights of persons belonging to national and ethnic groups cannot be performed in contravention of the Constitution, principles of international law and the principle of territorial integrity of Montenegro, and the right to maintain contacts can be exercised only if it does not result in any harm to Montenegro.

In order to protect the rights of national and ethnic groups, this Constitution designates the establishment of a special body - The Republic Council for the Protection of the Rights of Persons Belonging to National and Ethnic Groups.

Federal regulations

1. The Yugoslav Criminal Code (1976) prescribes punishment for criminal acts of incitement or complicity in national, racial or religious hatred, dissension, or hostility among peoples and nationalities by using propaganda or offending the citizens (Art. 134).

2. The Law on Maintaining Citizens' Associations, Social Organizations and Political Organizations founded on the territory of the FRY (1990) prohibits the foundation of organizations whose aims, and the realization of those aims, are set to incite national, racial or religious hatred and hostility and proclaims equality and equal legal protection of all organizations (Art. 2 and Art. 3.2).

3. The Law on the Basis of Mass Media (1990), in discussing the responsibilities of Editor-in-Chief, prohibits the orientation of the media aimed at inciting national, racial or religious hatred and hostility (Art. 17.1).

4. The Law on Criminal Procedure (1977) establishes equality in the use of language and alphabet, the possibility of writing petitions in the language of a nationality which is not officially used in court and sending summons in the language of the nationality to persons belonging to that nationality who used that language in the procedure if the language is officially used in court (Art 5, Art 6.2 and Art. 8.2).

5. The Law on Litigation (1977) defines the use of language of nationalities in the same way as the Law on Criminal Procedure, apart from a provision that the expenses for translating into the language of peoples and nationalities will be charged to the court (Art. 103.2, Art. 104.1 and Art 105).

6. The Law on Disclosure of Federal Laws and Other Federal Legislative and General Acts (1992) affirms that texts published in Albanian and Hungarian are also authentic (Art. 4).

Regulations in the Republic of Serbia

1. The Serbian Criminal Code (1977) punishes acts of mockery at peoples or nationalities in Yugoslavia or ethnic groups (Art. 100).

2. The Law on Mass Media (1991) designates incitement of ethnic, racial or religious hostility as a reason for the ban on the distribution of newspapers and dissemination of information in the mass media (Art. 20).

3. The Law on Radio and Television ( 1991) states that preparation and production of radio and TV programmes should also be done in languages of nationalities.

4. The Law on Elementary Schools (1992) establishes that instruction for persons belonging to nationalities should be done in the language of the nationality or bilingually, the minimum requirement being 15 pupils. If there are less than 15 pupils, a special permit should be obtained from the Education Secretary. This curriculum includes a course in Serbian. If instruction is in Serbian, persons belonging to nationalities have the right to study their mother tongue with elements of their culture. (Art. 5).

5. The Law on Grammar Schools (1992), in the same way as the Law on Elementary School, establishes the right of persons belonging to national minorities to have instruction in their mother tongue, i.e. the right to study their mother tongue.

6. The Law on Community Colleges (1992) stipulates that instruction can be performed in the language of national minorities, to which purpose, if the founder is not the Republic of Serbia, a special permit from the Republic Government should be obtained (Art.4.2 and 3).

7. The Law on Universities (1992) establishes that instruction can be performed in the language of other peoples and nationalities if there is a minimum of 30 students of the same year of study. If instruction is performed in the language of national minorities, registers, records and official identity documents will also be issued (transcribed) in that language on all levels of education.

8. The Law on the Official Use of Language and Alphabet (1991) stipulates that official use of the Roman script as well as the language and alphabet of nationalities is defined in the Statute of each municipality, i.e. autonomous province. The lower procedure in which the rights and duties of citizens are established can be performed in the language of a nationality which is not officially used in that institution and which can be determined by that institution only in case of disagreement between the involved parties, while the Serbian language will be given priority if it has been suggested as one of the languages. Documents of the second-degree procedures will be translated by the lower institution into the language used in the first instance. In areas where languages of nationalities are not officially used persons belonging to nationalities have the right to use their language and alphabet in the procedure. lodge petitions, receive summons and give statements. They have the right to have the record translated (as it is written in Serbian), and all expenses for translation will be charged to that institution. Registers, official identity documents and their forms will also be kept and/or issued in the language of the minority in official use, and geographical names, names of streets and squares, bodies and organizations, companies, information and traffic signs will also be written in languages of nationalities in official use in that area.

Regulations in the Republic of Montenegro

1. The Montenegrin Criminal Code (1978) punishes discrimination in the enjoyment of the rights on grounds of national, ethnic identity etc., the prevention of peoples and nationalities in using their language and alphabet (Art. 52) and mockery at peoples or nationalities in Yugoslavia (Art. 90).

2. The Law on Mass Media (1990) prohibits incitement of national, racial and religious hatred and hostility as the orientation of the mass media (Art. 20).

3. The Law on Citizens' Associations (1990) prohibits associations and political organizations formed with an aim of inciting national and other hatred and hostility, and stipulates that persons previously convicted of these criminal offences cannot be founders of such organizations (Art. 4 and 5).

4. The Law on Violation of Public Order and Peace (1987) punishes offences against national, religious or racial feelings in public places (Art. 34).

5. The Law on the Seal of the Republic of Montenegro and Seals of State Institutions (1984) stipulates that the name of an institution situated in areas where bilingual administration is performed should be written in Albanian as well (Art. 9).

6. The Law on Elementary Schools (1991) determines that schools or classes with instruction in Albanian should be founded in areas inhabited by a great number of persons belonging to Albanian nationality, and that in areas where persons belonging to the peoples of Yugoslavia and Albanian nationality live together bilingual schools and classes can be established. In all other cases education in Albanian will be introduced depending on its feasibility. When instruction is in Albanian, Serbian must be studied.

7. The Law on Grammar Schools (1991) stipulates that instruction, depending on its feasibility, can be in Albanian, i.e. bilingual, whereas Serbian is compulsory (Art. 14).

Certificates of Enrolment and Graduation Certificates in schools where instruction is in Albanian will be issued also in Albanian, at all levels of education.

* * *

The principal characteristics of the legal status of national minorities in Yugoslavia is that this subject, due to the federal form of government, is regulated by three constitutions. They differ in this matter not only as to the term for defining the concept of national minorities, but also in terms of the place of these rights in general systematization, the number and contents of legal norms formulating these rights and their concordance with standards of international law.

The Yugoslav Constitution regulates the rights of national minorities in accordance with the standards of the CSCE (OSCE). However, the consequences of general inconsistency of domestic legal order are reflected in this field as well. The lack of co-ordination of the constitutions and regulations of the republics with those on the federal level reduces the effects of satisfactory formulation of the rights of national minorities set in the federal constitution.

The Constitution of the Republic of Montenegro devotes a special section to the rights of national and ethnic groups which not only emphasizes their importance but contributes to the establishment of a full system of legal protection as well. By constituting explicitly a special corpus of rights of national minorities, defined elaborately and completely, with solutions adequately following modern tendencies in the regulation of this issue, The Constitution of Montenegro is in accord with international legal standards in this area. Additional quality in the institutionalization of the protection of the rights of national minorities lies in the establishment of a special body, as it is described in the very text of the Constitution, for the protection of these rights, i.e. the Republic Council for the Protection of the Rights of Persons Belonging to National and Ethnic Groups. Head of the Council is President of Montenegro.

The rights of national minorities are explicitly mentioned in the Serbian Constitution only in two articles (Art. 8.2 and Art. 32.4) and using the term "nationalities". In modern constellation of social, political and legal relations, when the rights of national minorities are generally accepted as special rights within general human rights, it is unacceptable that the concept of national minorities (ethnic minority, national or ethnic group) does not even exist in the Serbian Constitution. With due respect to the fact that the Serbian Constitution was passed before the other two aforementioned constitutions (at a specific political moment, while the former SFRY still existed), its scarce and sporadic treatment of the rights of national minorities cannot be excused. Despite the establishment of two autonomous provinces as a means of respecting special interests of persons belonging to national minorities, in order to regulate the full legal status of national minorities their rights should be elaborated in the constitution, a country's principal legal act. A full structure of the rights of national minorities, complex in its contents and adjusted to modern international standards, would contribute to overcome the present standard of the rights of national minorities as defined in the Serbian Constitution, which is in conformity with the year 1966 and Article 27 of the International Covenant on Civil and Political Rights.

In the Yugoslav legal system the rights of national minorities are regulated within three heterogeneous legal structures. The legal status of national minorities, as designated in the Federal Constitution, is in conformity with international legal standards, but the effects of the rights set in the constitution are hindered by the inconsistency of domestic legal system. Legal systems of the republics show a totally different approach to this issue. While the Constitution of the Republic of Montenegro fully respects internationally accepted standards of the rights of national minorities, the Constitution of the Republic of Serbia respects only certain basic principles.

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