A/49/415/Add.1
English
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14. The basic rights of the members of the Danish minority are, like those
other German nationals, enshrined in the Basic Law of the Federal Republic of
Germany. The legal basis for the status of the Danish minority was the
Constitution of the Land of Schleswig-Holstein of 13 December 1949 in the form
of the Act of 13 June 1990 Amending the Constitution of Schleswig-Holstein.
Article 5 of the Constitution provides, inter alia, that profession of adherence
to a national minority is open to all; it does not release individuals from
generally applicable civic duties.
15. The process of systematic transformation initiated in Poland in 1989 has a
significant impact on the situation of national minorities. Poland strives to
adjust its laws towards the standards of international law. New legal
regulations were made to address national minorities, usually in the form of
provisions, in particular laws and lower normative acts. Many legal solutions,
compatible with international standards, had been introduced prior to the
adoption of General Assembly resolution 48/138 and Commission on Human Rights
resolution 1944/22.
16. National minorities in Poland may freely associate. The law of
7 April 1989 on associations is based on the principle of freedom of
association. Since its entry into force, 120 national associations have been
registered (under communism, only seven such associations could operate).
17. New legal solutions were introduced into the Polish educational system in
the field of teaching national minorities their mother tongue and having lessons
in their mother tongue. The legal basis in that respect is the Law on the
Educational System of 1991 and the Ordinance by the Minister of National
Education on Organizing Education to Sustain the National, Ethnic and Linguistic
Identity of the Student Members of a National Minority of 24 March 1992. This
enables even a small group of students (from three to seven depending on the
school profile) to have a class formed with teaching in the mother tongue or a
curriculum in that language.
18. Other facilities are safeguarded for minorities under the Election Law to
the Sejm (Diet) of the Republic of Poland of 28 May 1993. Election caucuses of
registered organizations of national minorities are not subject to percentage
thresholds in the number of votes gathered nationwide.
19. The law of 8 March 1990 on territorial self-government enables national
minorities to participate in the local society. In communes where the
non-Polish population prevails, they can determine their own destiny to the
degree permitted by the scope of communal competence (the Law of 17 May 1990 on
the Division of Responsibilities and Competence between Communal Units and State
Administration Bodies).
20. An important element of State policy is increased access by minorities to
public radio and television. This was safeguarded in the law of
29 December 1992 on radio and television broadcasting. Several regional radio
stations air programmes in the languages of national minorities.
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