1. In Germany, freedom to use one's own language in private and in public is ensured by Article 2, para. 1, of the Basic Law, which guarantees the right to the free development of one's personality. This freedom is also ensured in the context of the freedom of expression, of the press and of broadcasting [reporting by means of broadcasts] as guaranteed under Article 5, para. 1, of the Basic Law.

In addition to the freedoms guaranteed for the entire territory of Germany, Section 8 of the Act on the Specification of Rights of the Sorbs (Wends) in the Land of Brandenburg (SWG) reaffirmed the right to freely use the Sorbian (Wendish) language. Pursuant to the Saxon Constitution and Section 8 of the Act on the Sorbs' Rights in the Free State of Saxony and a number of other laws and ordinances, the Sorbs in the Free State of Saxony have the right to communicate, orally and in writing, in their language in private and in public.

Use of the minority languages in public is largely accepted by the German population. No reservations exist in this respect. A much wider use is made of languages other than German by the large numbers of foreigners living in Germany, and this fact does not raise any problems in society – aside from individual far-rightist individuals.

2. The majority of the members of the Danish minority use the Danish language in the private sphere. But the situation in mixed-nationality marriages where German usually prevails must also be noted. Danish is spoken within the organisations of the Danish minority. Constant use and promotion of the Danish language provide the basis for all minority-related activities. Of particular importance for proficiency in the Danish language are the Danish private schools, particularly important for the children from mixed-nationality marriages.

Use of the Sorbian language in private depends, to a large extent, on the Sorbian people themselves, especially on whether the language is passed on to their children. For the central settlements with a large share, or even the majority, of Sorbs, this is more the case than for families in larger places and towns where they constitute a dispersed minority. In the case of the Sorbs, too, the existence of many mixed marriages has an influence on the language spoken within the family and on the extent to which Sorbian is passed on to the children so that attendance of Sorbian schools is of particular importance to these children.

Use of the Sorbian language in public is rendered difficult by the fact that the German-Sorbian settlement area is not generally bilingual but that, as a rule, only the Sorbs have a command of both languages. Therefore, German is more generally used in public events, as well as in church – with some exceptions.

North Frisian is still to a major extent the language spoken within the family and is the language for communication in public, especially among the Frisians living on the islands and holms (Halligen). This is less so on the continent. In mixed-language marriages, German normally prevails. The use of Saterland Frisian by the Saterland Frisians is gradually increasing since school-children are taking a greater interest in learning this language and children and the grandparent generation have started to communicate in Saterland Frisian again.

In the private sphere, the German Sinti and Roma, who grow up as bilingual speakers of Romany and German, use their traditional Romany and occasionally the German language. However, German is their second mother tongue, or secondary language. For communication in community with other German Sinti and Roma, Romany is predominantly used. German is more or less always spoken [by Sinti and Roma] in public, especially when members of the majority population, of other minorities or foreigners living in Germany are present.

3. There are various ways in which the state promotes the learning and use of minority languages (cf. the comments under the respective Articles). In particular, efforts are encouraged to keep these languages alive by using them within the family and in extra-familiar everyday-life situations. In this regard, the cultural value of the minority languages for Germany's cultural life is particularly emphasised so that, on the basis of the resultant self-esteem and self-assurance, the younger generation will be more willing to adopt these languages and pass them on.

Article 10, para. 2 [relations with administrative authorities]

1. Under German law, the official language is German. The obligation required under para. 2 specifically refers to areas inhabited, traditionally or in substantial numbers, by members of national minorities, and in Germany applies especially to the settlement areas of the Danish minority, of the Sorbian people, and of the North Frisians and Saterland Frisians. The German Sinti and Roma are dispersed more or less throughout Germany, while no major number of them is known to live in one particular place or region.

Due to the mostly small number of members of minorities as a percentage of the given local population, in general it is not possible to use the minority language in relations with the administrative authorities; rather, such use is confined to special regulations. This does not, however, mean that the relations between persons belonging to groups protected under the Framework Convention and administrative authorities are rendered difficult, for all members of those groups are bilingual and have no problems with using the German language. Where the legal and practical scope for using the minority languages in relations with administrative authorities does exist, the most part of the members of the respective minorities do not avail themselves of this possibility.

However, in the view of the Danish minority, of the Sorbs and of the Frisians, further development of the existing practical scope for such use would be desirable because this would increase public awareness as regards the existence of minority languages, and provide additional incentives to the subsequent generation to retain the minority language. This will be one of the subjects of the planned Conference of the Federal Ministry of the Interior with the Länder and local governments of the minority settlement areas and with representatives of the minorities, which is to be held in the year 2000 as part of the activities to implement the European Charter for Regional or Minority Languages.

The national minorities and ethnic groups suggest that for better minority language communication on the part of the staff of local and regional administrations, local authorities might encourage participation in language courses and that, when staff members are being recruited, their proficiency in the minority language might be particularly taken into account as an additional qualification.

The detailed situation is as follows:

2. Regarding use of the Sorbian language

In the German-Sorbian areas, both German and Sorbian are admitted in relations with the public authorities and administrations of the Land and local governments. This right is expressly stipulated in Sections 9 and 11 of the Saxon Sorbs Act of 20 January 1999 and in Section 23 of the Administrative Procedure Act of the Land of Brandenburg. In addition, in the settlement area of the Sorbs, the Sorbian language is to be included in public signs and inscriptions; this means that both names must be given for Landkreise and Gemeinden (bilingual place-name signs), for public buildings, institutions, and streets, roads and places. However, within the area to which the (Federal) Administrative Procedure Act applies, the Sorbs must, as a matter of principle, use the German language.

Within local administrations, the staff and directors of various sections speak the Sorbian language. Some of them have direct responsibility for Sorbian matters. Within the local authorities of the traditional settlement area of the Sorbian (Wendish) people in the Land of Brandenburg, most public notices are bilingual; for official letters of such authorities, bilingual letterhead is used.

In the Sorbian communities, or communities with a Sorbian majority, in the Free State of Saxony, the Sorbian language prevails in public life. This also includes administrative authorities and meetings of local/municipal councils. At the same time it is ensured, e.g. by bilingual notices on the bulletin board, that citizens who only speak German are also included in community life. In these places, in particular, civil marriages are increasingly contracted in the Sorbian language.

In all places where the Sorbs form the (mostly small) minority within the local population, only hesitant use is made of the legal and practical scope for using the Sorbian language in relations with the administration.

Even where sufficient numbers of staff members of Kreis and local authorities have proficiency in the Sorbian language, these capabilities are seldom used by the Sorbian population. As a rule, Sorbian citizens prefer to use the German language in their relations with administrative authorities because they thus want to preclude any misunderstandings in the administration's assessment of the matter put before it. To give some examples:

3. Regarding use of the Danish language

The Danish minority represents a larger percentage of the population - about 20 per cent - only in the city of Flensburg and in a number of adjacent small communities. In all other places of the Danish settlement area, the share of the Danish population is much smaller. Under the Kiel Declaration by the Land Government of Schleswig-Holstein on the Status of the Danish Minority of 26.09.1949 and the Declaration by the Government of the Federal Republic of Germany of 29.3.1955 [Bonn Declaration] - the content of which is identical with that of the Copenhagen Declaration by the Government of the Kingdom of Denmark of 29.3.1955 - use of the Danish language in courts and vis-à-vis administrative authorities is regulated by general legislation. Thus, under the general laws, only German is admitted for use in courts and administrative authorities. All members of the Danish minority, however, also speak German and use the German language in courts and in relations with administrative authorities.

Where Danish-speaking members of the administration, persons belonging to the Danish minority as staff members of the administration or as elected representatives of local government authorities, on the one hand, and as citizens seeking advice, on the other hand, deal with each other, the Danish language is also used in administrative relations. Staff members of authorities in the vicinity of the border participated in intensive Danish courses, especially with the aim of having a command of that language when working within transfrontier Working Communities or associations - a training that in the long term will reinforce Danish language proficiency.

In the museums of the settlement area, signs and general information are increasingly also given in Danish - this is done, however, with the primary aim of providing better information to visitors from the Kingdom of Denmark.

Use of German as the language to be used in court and in relations with administrative authorities has not raised any problems between the Danish minority and public authorities so far; yet the organisations of the Danish minority speak up for increased use of their language also in relations with administrative authorities.

4. Regarding use of the Frisian language

Of the total number of nine North Frisian dialects, three - which are spoken by less than 150 persons - are acutely threatened by extinction. The other six dialects are not only used orally but also exist in written form. Their orthography for the most part is based on uniform rules. The first book in the North Frisian language was published in 1809. Since then, a large body of Frisian-language literature has been created, which covers several hundreds of books and, in addition, several thousands of literary items in a variety of publications. This ensures that the Frisian language also meets the requirements expected of a modern means of communication.

Under Section 82a of the Land of Schleswig-Holstein Administration Act, the official language is German. Yet a large number of staff members of the Ämter [local authority unions] and local authorities of North Friesland Kreis have a good knowledge of the North Frisian language. As a result, some public employees, especially in the island communities deal in Frisian with personal callers during office hours if the callers so wish. The spoken message of the telephone system of the North Friesland Kreis Administration for callers on hold is given in four languages (German, Frisian, Danish, and Low German).

On the North Frisian islands and holms, local council meetings are held, for the most part, in the Frisian language provided that no local councillor or visitor attending a meeting objects to such use.

In public life, however, the North Frisian and Saterland Frisian languages so far only play a minor role because, even in the Frisian settlement areas, they are in constant use by only a small segment of the population. As a rule, the members of this ethnic group use the German language in court and in relations with administrative authorities. Some Civil Registry Offices in North Friesland, however, provide for civil marriages in the Frisian language. In Saterland Gemeinde, too, it is possible to have civil marriages and other official acts performed in the Frisian language. Public officials of that local authority indicate their proficiency in Saterland Frisian on their office door-plates.

5. Regarding use of the Romany language

The German Sinti and Roma see Romany as a language that is used within the family and the family clans of the Sinti and Roma. In their relations with German authorities, they use the German language and object to their language being learned and used by staff members of administrative authorities who do not belong to this minority. However, the German Sinti and Roma wish to achieve that the use of Romany will not meet with any problems when Sinti and Roma deal with each other as staff members of administrative authorities, on the one hand, and as advice-seeking citizens, on the other hand.

In view of the fact that the German Sinti and Roma grow up as bilingual speakers of Romany and German and, as a rule, have a command of both languages, no actual requirement for using Romany in relations with administrative authorities has been observed.

Article 10, para. 3 [language in court]

Section 184 of the Organisation of the Courts Act lays down that the official language in court is German. The constitutional stipulations regarding fair trial and due process of law (Articles 2, para. 1, and 20, para. 3, of the Basic Law), however, entail the obligation for courts also to take note of declarations made by parties to a lawsuit in a foreign language. If the court hearing is attended by persons who do not know the German language, an interpreter must be called in (Section 185 of the Organisation of the Courts Act). Similarly, during preliminary investigation by the public prosecutor, the accused must be informed, in a language he/she understands, of the offence with which he/she is charged and must be given an opportunity to present his/her view [in that language] on the alleged offence. As soon as it becomes obvious that communication is not possible for language reasons, involvement of an interpreter is mandatory. Articles 5, para. 2, and 6, para. 3, litt. a, of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) also stipulates this right. Paragraph 3 of the Framework Convention does not contain any obligations going beyond the provisions of the European Convention on Human Rights, and thus in Germany is already part of the (established) law in force. Apart from a few exceptions, however, the members of the groups protected under the Framework Convention understand German so that these problems do not arise in practice.

Special provisions governing use in court exist with regard to the Sorbian language. The Unification Treaty of 31 August 1990 explicitly provides that the Sorbs shall - continue to - have the right to speak Sorbian in court in their home Kreise and that this right shall remain unaffected by Section 184 of the Organisation of the Courts Act (Annex - I Chapter III, Subject Area A, Section III 1.4 of the Unification Treaty of 31 August 1990). This provision is implemented in the Länder of Saxony and Brandenburg.

The signs in the courts in the traditional settlement area of the Sorbian (Wendish) people in Brandenburg are bilingual. If Sorbians wish to litigate in their own language, translators are called in. So far, however, no case has become known where a Sorb availed him/herself of this right in a court of the Land of Brandenburg. In the Sorbian settlement area of the Free State of Saxony, all courts have bilingual signs. In addition, the Saxon Higher Administrative Court also uses German-Sorbian letterhead. In every court in the Sorbian settlement area of the Free State of Saxony, at least one staff member has a command of the Sorbian language so that citizens can also state their case in Sorbian. This right is made use of.