CYIL vol. 9 (2018)

JAN KUKLÍK CYIL 9 ȍ2018Ȏ the constitutional instrument of 1920 as well, but until early 1922 this territory had to be governed through military forces. The Minority treaties were to be drawn up by a special new commission, officially referred to as the “Commission for New States,” but unofficially called the Minority Commission, which was to negotiate international obligations for Poland and other new states including Czechoslovakia. 41 Formally, the minority obligations of individual states were largely identical, but the actual position of minorities differed in each state. Czechoslovakia entered into the Minority Treaty called “The Treaty between the Principal Allied and Associated Powers and Czechoslovakia, signed in Saint-Germain-en-Laye on 10 September 1919” (published in Czechoslovakia as Act No. 508/1921 Sb.). 42 Czechoslovakia committed itself to grant to all inhabitants total and complete protection of their life and freedom, the freedom to publicly or privately practise any religion, unless it violates public order rules or good morals (Article 2). Special attention was paid to the state citizenship in Articles 3–6 providing for its acquisition and loss. In particular, Czechoslovakia was obliged to recognize, without any formalities, the Czechoslovak citizenship of Germans, Austrians, and Hungarians who had residence or the right of abode in the territory that was to become a part of Czechoslovakia under the peace treaties (Article 3). All citizens (not foreigners) were to be equal before the law, enjoy the same civil and political rights irrespective of their race, language, or religion. Likewise, no differences in religion, faith, or belief of the citizens should be detrimental to their enjoyment of civil or political rights regarding access to civil service, offices, ranks, or professions. Citizens had the right to use any language in private, commercial, religious settings, in the press, public speeches, or public assemblies. If Czechoslovakia introduced an official language (Article 7), the citizens speaking a language other than Czech were to be reasonably entitled to use their language before courts both in writing and orally. The citizens belonging to minorities on account of their race, religion or language were entitled to be treated in compliance with the law, and equally as other citizens. In particular, they were to have the same right to establish and manage, at their own cost, charitable, religious, or social institutions, as well as schools and other educational institutions, and to use their language in such institutions (Article 8). Czechoslovakia undertook to recognize Articles 2–8 (not the whole treaty) as “fundamental laws, and no other laws, orders or official acts shall be in contravention of or inconsistent with those provisions, and any law, order, or official act shall be without prejudice to those provisions.” Furthermore, the Minority Treaty of Saint-Germain-en-Laye is significant because the Allied and Associated Powers made a final declaration as to the recognition of the Czechoslovak state. The Preamble of the Treaty provides: “Whereas the Czecho-Slovak Republic in fact exercises sovereignty over the aforesaid territories and has already been recognised as a sovereign independent State by the other High Contracting Parties, The United States of America, the British Empire, France, Italy and Japan on the one hand, confirming their recognition of the Czecho-Slovak State as a sovereign and independent member of the Family of Nations within the boundaries which have been or may be determined in accordance with the terms of the Treaty of Peace with 41 For negotiations on Czechoslovakia see TEMPERLEY, H.W. V.: A History of the Peace Conference of Paris , vol. IV., London 1921, pp. 144-146. 42 For its text in English see BENEŠ, Z., KURAL, V. (eds.): Facing History: The Evolution of Czech-German Relations in the Czech Provinces, 1848–1948 , Praha: Gallery 2002, pp. 296-297.

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