Introduction: The Sorbs
The Sorbs are an officially recognized minority group in Germany. They live in the Lusatian region in
Germany. The Sorb district is divided into two parts, Upper Lusatia and lower Lusatia. Their recognition
as a minority derived from the fact they have a different language and cultural heritage from Germans.
The primary religion practiced by Sorbs is Protestantism Christianity; although some Sorbs are Catholics
as well. Despite this, the Sorbs have kept some legendary practices, which refer to mythical creatures that
probably had a function of a kind of religious belief before the conversion to Christianity and still live on
in their cultural heritage. Their Sorbian language is connected to the Slavic language. Furthermore, the
Sorbs worked agriculturally as farmers originally and were based in rural villages, where only Sorbs has
lived; for example,Bautzen and Cottubs for, but nowadays they live with the rest of the population in
Germany. One can also find the distinctive elements of the Sorb heritage in literature and art.
History and Current Situations
The Sorbs originated from Slavic tribes that settled in the Lusatian area around the 5th and 6th century.
They enjoyed political autonomy in the first centuries after their settlement and were generally ”left
alone”; however this arrangement came to an end in the 9th century under King Karlmann of Bavaria and
Italy. Since then, the Sorbs have lived under many conquerors, but have remained closer to Germany
since most rulers throughout time have been connected to German dynasties. However, throughout
various changes in rulers, the Sorbs have maintained their customs and the language.
However, in the 9th century, the Sorbs converted rather suddenly to Christianity. When the reformation
began in Germany, most Sorbs became Protestants but a small number of Sorbs converted to Catholicism.
The apparent ”Germanization” of the people, meant that their much of their land was taken. Furthermore,
arguably the German way of living was forced upon the Sorbs, making it increasingly harder to maintain
their distinct culture. This resulted in a reduction of people practicing the everyday Sorbian life and
speaking the language.
Nonetheless, this decrease came to an halt in the early 19th century. The Sorbian middle-class had grown
and in turn had developed an interest in guarding their Sorbian heritage. They formed numerous
associations that were devoted to increasing the use of the language and maintaining traditions. One of the
more outstanding organizations was founded in 1912: the Domowina. Not only did the Domowina have
an interest in protecting Sorbian cultural heritage, also maintained a goal to defend national and political
interests of the Sorbs.
The Domowina worked towards these goals and even called for an independent Lusatia after WW1,
however, the organization was banned in 1937 by the National Socialist’s authorities because they refused
the systematic policy of germanization. Although the Nazis oppressed the Sorbs and practically banned
their culture, the Sorbian people continued-in secret-to teach their children the language and Sorbian
literature.
After the fall of the Nazi regime, Domowina restarted its activities and the Sorbian culture flourished
under East Germany’s regime. The right of the Sorbs to equality and their culture was written into the
constitutions of Saxony and Brandenburg in 1948. The governments’ introduced bilingual signs and
financed Sorbian language schools. The language was then fully recognized and the traditions and culture
events were sponsored by the state. However, in exchange the state demanded that all politically oriented
Sorb organizations had to conform to strict Government rules. Resultantly, dozens of Sorb villages were
used for the strip-mining of lignite, a brown coal that was plentiful in traditionally Sorb regions. This
proved desolating for the Sorbs as thereby the population decreased from 100 000 in 1945 to 60 000 by
1989.
In 1990, following the fall of the Berlin wall and the subsequent restoration of West and East Germany,
the German Unification Treaty was adopted to uphold the rights of the Sorbs. Moreover, in 1991 the
Foundation for the Lusatian Sorb Nation was created with the support of the federal and state
governments, to help prevent the decline of the culture. The language now was officially recognized. In
addition,in the state constitutions of Brandenburg and Saxony where most Sorbs live, it stipulates that
both of the two Sorb councils in the parliament have to be consulted on all matters affecting the ethnic
group.
Proposed constitution
Preamble
This document will be an attempt to relaunch and reflourish the Sorbs ethnicity. To achieve this result the
draft of the constitution will be based on 3 pillars: Culture, economic support, and environment.
Culture
1. The constitution protects the acquisition and the usage of Sorbian.
(a) The state supports the exchange and the communication between the different language
communities.
(b)The Sorbs shall have the right to use and promote the Sorbian language and culture in everyday life
and to have them taught in schools and childcare centers.
(c)In the traditional settlement areas of the Sorbs, the Sorbian language shall be included on all public
signs. The Sorbian flag shall have the colors blue, red, and white.
Although the framers of the Basic Law was incorporating many of the provisions of the Weimar
Constitution, it failed to include any provision resembling Article 113 of the earlier constitution, or any
other provisions making express reference to the protection of minorities. Even though the Basic Law
lacks a direct reference to “minorities,” the Clause 3 of Article 3 prohibits individuals from being
disadvantaged or privileged because of certain attributes:
“No one may be prejudiced or favored because of his sex, his parentage, his race, his language, his
homeland and origin, his faith, or his religious or political opinions. No one may be prejudiced because
of his disability. ”
“Language” was inserted to ensure the equal treatment of foreign-language minorities but only
guarantees the right to use one’s mother tongue in non-official matters. Hence, more practical protection
should be applied and the proposals of clause (b) and (c) were originated from the Constitution of
Brandenburg, adopted in 1992.
2. The State encourages schools and other institutions of education as well as social organizations to
take measures to create conditions for citizens to learn Sorbian culture.
The State shall set up a special fund for education to be used mainly for assisting the traditional
settlement areas of the Sorbs in enforcing compulsory Sorbian education there.
Owing to the autonomy of the German Länder in education and cultural affairs, the individual education
ministries of the Land of Saxony and the Land of Brandenburg are responsible for official policy and
legislation in schools, apart from a few exceptions where central government is responsible. The presence
of Sorbian in education is governed by the Schools Act for the Free State of Saxony of 3 July 1991 and by
the First Schools Reform Act for the Land of Brandenburg of 1991. Both Acts legislate in a similar
fashion in respect of the Sorbian schools in the territory and cover the following areas: definition of
Sorbian as mother tongue, second language and foreign language, competitions to promote the Sorbian
language, Sorbian schools, the German language in Sorbian schools, the Sorbian language in Sorbian
schools, and Sorbian language tuition in other schools. However, they did not set up a special fund to
promote learning Sorbian culture in the traditional settlement areas of the Sorbs.
Economic Support
1. The state in accordance with the EU framework will provide incentives for projects within the Lusatia
physical region. Aiming to create a prosperous environment for the relaunching of the agricultural
activities, part of cultural heritage of sorbs’ ethnic group; in particular more funds will be guaranteed
to the environmental friendly projects and the ones which have the purpose to enhance the
repopulation of the rural area.
(a) The Brandenburg and Saxony regions as well as the cities of Bautzen and Cottbus will be in charge
of the actualization of the rights illustrated in this constitution,in order to be as close as possible to
the citizens.
(b) To achieve the previous aim a system of financial support, both private and public, will be
implemented. This funds will be provided not only to the Sorbian people, but also to everyone who
is interested in investing capital for that cause. The form of the support could be either in the form
of fiscal aid or facilitated financial support, including but not limited to:
(1) total or partial tax exemption for a determined period of time
(2) mortgage or loans with a lower percentage of interests.
2. After mandatory hearings with the main Sorbs committee and associations ( e.g. Domowina or
Foundation for the Lusatian Sorb Nation as well as the two Sorb councils in the parliament of
Brandenburg and Saxony), the regions have to implement the state regulation. In addition, both at
regional and a city level must be present an office in charge of these developments.
In order to promote the Sorbs inclusion in the society this constitution has the aim to set up some business
facilitation for Sorbs’ projects. About the support of the sorbs economy this document will act on two
different areas, the land and the financial support. As far as we know the Sorbs are an ethnicity with a
strong agricultural tradition. So, we would like to try to relaunch the agricultural system, fulfilling the
European criteria in the common agricultural policy entirely reshaped after the 2013. We strongly believe
that the provisions of article 27 of the ICCPR should be implemented; as well the principles present in the
reunification treaty of the 1990.
In compliance with the principles of subsidiarity and proportionality we would like to enforce the regional
and city level role in order to work as close as possible to the citizens.
We believe that the complete independence from the German state is not the case of the Sorbs ethnic
minority, notwithstanding relevant literature in the matter of indigenous people.
Rather than this, we see the people as ”a sphere of ethnographic cohesion”. Accordingly with the
European history we think the sorbs are part of the richness of the Europe “biodiversity”, so we would
like to have a tutelary and enhancing approach with them to accomplish the idea of “Human rights
tourism throughout Europe”.
Environment
1. This constitution recognizes the area of Lusatia as a region of importance to the survival of the Sorb
minority. Commercial activities in Lusatia shall be carried out without negatively affecting the
preservation of the Sorb culture and landscape.
(a) The land may not be exploited at the cost of damaging everyday life and the future of the Sorb
community.
(b) Commercial interests in the region is to be carefully weighed against the interest of the Sorb
culture and community.
Sorbs have faced a long history of persecution, repression and forced assimilation. During the communist
regime of East Germany the government recognized and supported the Sorb culture in many ways (drastic
change from how they had been treated during the Nazi period, where the culture was oppressed to make
the Sorbs more Aryan). However, a drastic decline in the Sorb population between 1945-1989, from
100,000 to 60,000. This was due to many of Sorb villages being completely destroyed since the soil was
rich in coal, as aforementioned. To prevent such a situation from arising in the present and future, and to
strengthen the foundation of the Sorb population, the proposed constitution includes recognition and
protection of the Sorb land; where commercial interest must be put against the negative effects it may
have on the Sorb community.
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