IHF Focus: The rule of law; elections and referenda; freedom of the media; protection of ethnic minorities

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1 HONORARY CHAIRMAN Yuri Orlov EXECUTIVE DIRECTOR Aaron Rhodes DEPUTY EXECUTIVE DIRECTOR Brigitte Dufour ADVISORY BOARD (CHAIR) Karl von Schwarzenberg EXECUTIVE COMMITTEE Sonja Biserko Holly Cartner Bjørn Engesland Krassimir Kanev Andrzej Rzeplinski PRESIDENT Ludmilla Alexeyeva VICE PRESIDENT Ulrich Fischer TREASURER Stein-Ivar Aarsæther Wickenburgg. 14/7, A-1080 Vienna, Austria; Tel ; Fax internet: Bank account: Bank Austria Creditanstalt, /00, BLZ ANNUAL REPORT 1999 Slovakia1 IHF Focus: The rule of law; elections and referenda; freedom of the media; protection of ethnic minorities The coalition led by Vladimir Meciar and his Party for a Democratic Slovakia (HZDS) remained in power until October, when the unified opposition won the parliamentary elections. The parliamentary and municipal elections both regarded by civic organizations as crucial elements in the struggle for democracy, rule of law and the observance of human rights were held in September and December, respectively. However, the Meciar coalition managed to block the parliament from electing a new president after President Michal Kovac s term had run out in March, and Meciar himself assumed some presidential powers. Following the victory of the opposition, a new coalition led by Mikulas Dzurinda took office on 30 October. There were no major problems in the transferal of governmental powers. However, HZDS continued to voice complaints that the new government was not keeping its promises about the proportional distribution of positions in the Slovak parliament. It argued that the chairman of the parliament should be a HZDS representative. As a sign of protest, HZDS refused to accept several offers by the victorious coalition for chairmanship in various parliamentary committees. Moreover, the former ruling HZDS coalition alleged that the personnel changes in the state administration amounted to politically motivated purges. Also the independent media was critical of the partisan way in which individuals were nominated for many positions. However, as of the end of 1998, the former rulers now in opposition were not able to produce any evidence that the personnel changes had actually violated legal regulations. Rule of Law On 3 March, a few days after then Prime Minister Vladimir Meciar had assumed some presidential powers following the resignation of President Michal Kovac, Prime Minister Meciar declared an amnesty on all criminal acts concerning the kidnapping The IHF has consultative status with the United Nations and the Council of Europe. MEMBER AND COOPERATING* COMMITTEES IN: Albania Austria Azerbaijan - Belarus Bosnia-Herzegovina Bulgaria Canada Croatia Czech Republic Denmark Finland France Georgia* Germany Greece Hungary Italy Kazakhstan Kosovo Kyrgyzstan Latvia Lithuania Macedonia Moldova Montenegro The Netherlands Norway Poland Romania Russia Serbia Slovakia Slovenia Sweden Switzerland Ukraine* United Kingdom United States Uzbekistan* COOPERATING ORGANIZA TIONS: The European Roma Rights Center Human Rights Without Frontiers Mental Disability Advocacy Center

2 of President Kovac s son in August 1995, and the marring of the referendum that had been due to be held in May This amnesty outraged many people who demanded investigations into the kidnapping and the flawed referendum as well as punishment for those responsible for them. On 7 August Meciar went even further, amending the amnesty law in a way that disabled not only the prosecution of those suspected of involvement in the kidnapping and the flawed referendum but also any other judicial proceedings regarding these cases. Moreover, in October outgoing Prime Minister Meciar resigned as a parliamentary deputy in favor of Ivan Lexa, former head of the Slovak Intelligence Service (SIS), who had allegedly been involved in the kidnapping of Michal Kovac Jr. Lexa now enjoyed parliamentary immunity from prosecution for his alleged involvement in the kidnapping. In February 1999 the new leadership of the SIS submitted a report to parliament alleging grave breaches of law by the SIS under the Lexa leadership. On 8 December Prime Minister Dzurinda repealed this amnesty law - prompting debate as to the legality of canceling an amnesty once declared. Dzurinda based his arguments on the opinion of those legal experts who claimed that if an amnesty law was amended once, it could be amended again, or cancelled. Other experts, however, stated that a criminal act once amnestied could not be legally reinstated, and considered the cancellation of the amnesty law as a dangerous precedent. After the amnesty law was cancelled, the Ministry of the Interior set up a special team to investigate the two disputed cases. In mid-february 1999, a group of opposition deputies filed a complaint with the Constitutional Court questioning the legality of Dzurinda s act. Investigation into both cases and consideration by the Constitutional Court continued as of this writing. Elections and Referenda Parliamentary Elections3 When on September the parliamentary elections were held, they were the focus of local and international attention. The Meciar government had announced that a referendum on the non-privatization of the highly important energy companies would be held on the same day. Despite political tension, the elections were held according to law and without major problems. The OSCE stated that the parliamentary elections were fair and free. The pre-election tension stemmed from the fact that the Meciar government had

3 attempted to compromise the election process through the introduction of amendments to the Election Act which limited the opposition s chances in the elections. On 20 May the pro-governmental majority approved an amendment which provided for a five-percent threshold for every single political party, be it part of a coalition or not, to enter the parliament. At the same time, the government viewed coalitions as one entity in terms of allocation of broadcasting time for the election campaigns in the public media. Therefore, individual parties in coalitions were not provided with any broadcasting time at all. The opposition, together with various international organizations and governments of the OSCE participating states, voiced concern that the Election Act did not provide for equal opportunities for all parties to participate in the parliamentary elections in accordance with the Copenhagen Document and other OSCE documents. As a response to the amendments, the SDK, which originally had been a coalition of five opposition parties, transformed itself into a unified party under the same name, SDK. In addition, three political parties representing the ethnic Hungarian minority merged into one new party named the Hungarian Coalition Party (SMK). Eventually, four relatively strong opposition parties, each of which was able to pass the 5-percent threshold SDK, SMK, the Party of Democratic Left and the Party of Civic Understanding participated in the elections. Just prior to the launch of the pre-election campaigns, the HZDS attempted to impede the participation of the SDK, challenging the fact that it was one party. However, on 15 August the Supreme Court struck down this motion, a decision that significantly contributed to the holding of fair and free elections. The high voter turnout (84 percent) demonstrated heightened civic awareness and motivation. The "Civic Campaign OK 98", which aimed at motivating first-time voters and young people to go to the polls was a success. The HZDS maintained its position as the strongest party by a slight 0.7-percent margin. However, four former opposition parties won 93 of the 150 seats in parliament, a majority sufficient for passing constitutional laws. Referendum In the referendum on the non-privatization of the strategic energy companies the turnout was only 44 percent, thus falling short of the required 50-percent threshold. Therefore the referendum was declared invalid.

4 Municipal Elections Similarly to the parliamentary elections, the Meciar government attempted to increase its own chances in the municipal elections through several amendments to the Municipal Election Act. According to one of them, seats in municipal councils in ethnically mixed municipalities were to be allocated on the basis of the ethnic composition. On 15 October, less than a month prior to the date set for the municipal elections, the Constitutional Court ruled that some of the new provisions violated the constitution. As there was not enough time to the make necessary changes in the list of candidates, the newly formed government, after reaching an agreement with the opposition, decided to postpone the municipal elections to December. The 4 November vote in parliament on the postponement of the municipal elections and an amended version of the Municipal Election Act was almost unanimous. The municipal elections were held on December without any significant problems. The voter turnout was 54 percent. Presidential Elections Throughout 1998, parliament attempted on several occasions to elect a president a task long overdue after President Michal Kovac s term had run out on 2 March. At that time, the Slovak constitution provided that a candidate needed the votes of at least three-fifths of the deputies in order to be elected president. All the attempts to elect a new president failed due to the fact that no such majority could be mustered in the old parliament. In February 1999 the new parliament adopted a constitutional amendment providing for direct presidential elections by a two-round popular vote. The first round was set for 15 May, the run-off for 29 May. Freedom of the Media During the Meciar period, the nominally public television corporation (STV) had virtually become an HZDS organ. As soon as the new government took office, it started swift changes in the composition of the boards controlling public radio and television - and met with heavy

5 criticism from the new opposition that called the changes non-democratic and purposeful. The Slovak Syndicate of Journalists criticized the apparent strong political motivation in the new nominations to media boards. Jan Budaj, a SDK media expert, said that the procedure was inevitable in order to adopt immediate measures to change the situation in Slovak public television, which had clearly taken sides with the HZDS-led former government. Budaj stated that as soon as the political situation in the country had settled and Slovak television would again regain its public character, the SDK coalition would prepare a new law enabling a long-term systematic approach that would meet the need of the media. Protection of Ethnic Minorities 4 In early 1998 the dispute between the state administration and representatives of the Hungarian minority in Slovakia about bilingual school reports in schools in which Hungarian was the language of instruction intensified. Bilingual school reports had been issued in Slovakia continuously for 76 years, regardless of the regime. However, based on the 1997 regulations of the Ministry of Education, then headed by a Slovak National Party representative, the only official document was a school report issued in the official language, i.e. Slovak. Organizations of Hungarian teachers and tutors together with Hungarian parents protested against this regulation, frequently refusing to accept one-language (Slovak) school reports. However, numerous school principals of Hungarian-language schools issued bilingual reports, in accordance with previous procedures - and in violence of current ones. The practice of issuing bilingual reports was renewed by the government in January On 15 May, based on a directive from the state administration, the principals of Hungarian schools in the municipalities of Batorove Kosihy and Buc (Komarno district, Southern Slovakia) were dismissed. The state administration did not justify this measure, however it was clear that this step was meant to be an exemplary punishment of Hungarian minority representatives for expressing discontent with one-language school reports. The first significant demonstration to protest this measure was the creation of a human chain of about 2,000 individuals living in municipalities with a large Hungarian-language minority. On 26 May the head of the District Office refused to annul the dismissal. This action led to a one day strike by teachers. The protest culminated in a public demonstration. A clash between a police officer and Miklos Duray, a Hungarian Coalition representative and member of parliament, was reported. On 10 June, the court in Komarno ruled that the dismissal

6 of both principals was justified. However, the new government reinstated the dismissed principals on 4 December. A draft of an amended School Act, presented by the Slovak National Party (SNS) triggered strong controversy. According to this amendment, some subjects presently taught in minority languages should be instructed only in Slovak. This amendment, together with the dismissal of the Hungarian school principals, launched public demonstrations with about 8,000 participants. In his speech in Galanta on 12 June, the chairman of the Slovak Helsinki Committee, Stefan Markus, described this draft amendment as a "promotion of ethnic ignorance by legislative means." The Committee and other NGOs expressed on several occasions disapproval with the termination of the long tradition of issuing bilingual school reports in schools with a minority language as the language of instruction. Finally, this draft was not accepted by the strongest party of the ruling coalition as then Prime Minister Meciar himself considered it to be anti-constitutional. On 2 July, i.e. at a time of intensified dispute over bilingual school reports, a majority in parliament, including HZDS representatives, voted against the amendment. The problem of bilingual school reports was connected to the continuous refusal of the HDZS coalition to pass an act on the use of minority languages in official relations. The new coalition stated immediately that it planned to adopt such an act in early The Roma Minority The situation of the Roma minority, estimated to represent almost 8 percent of the total population, remained difficult. The main problems included unemployment, discrimination and violent attacks. Unemployment rates among Roma were very high, in some areas as high as percent. Roma were often discriminated against in employment, particularly in regions with a generally high unemployment rate. In some towns there were attempts to move Roma living in the center to suburban areas, which were inhabited almost exclusively by Roma. Local authorities justified such efforts by citing their intentions to reconstruct city centers, and to remove people who on a regular basis failed to pay their rents and other bills. According to a survey carried out by the Slovak Helsinki Committee, Roma opposed such removals, fearing that a move to mainly Roma-inhabited areas would worsen the already

7 untenable living and safety standards of their homes and result in the establishment of Roma ghettos saw an increase in the number of Roma seeking asylum in other countries, particularly in Great Britain. - On 9 April British Interior Minister Jack Straw warned Roma from the Czech Republic and Slovakia not to seek political asylum in Great Britain. To that date, 600 applicants had already been deported back to their country of origin. On 7 October the British government introduced a visa requirement for Slovak citizens on the ground that an unusual stream of economic immigrants jeopardized British asylum strategy. According to the British embassy in Bratislava, by September 2,122 Slovak citizens had sought asylum in Great Britain, an absolute majority of them being Roma. On 20 July there were catastrophic floods in Eastern Slovakia, mainly affecting large Roma villages on the banks of the river Svinka, near Presov. This disaster claimed almost 50 victims, mostly Roma women and children, and caused vast material damages. Despite swift assistance by the Slovak army, the Meciar government was criticized for paying too little attention and for a lack of interest on part of politicians to remedy the damages of the natural catastrophe. Still as of early 1999, there HAD been only very few signs of attempts to resolve the housing problems of Roma in the flooded areas. Coincidentally, an act on social allowances came into force at the same time. The act provided that part of the allocated social allowances be given as food coupons to families who would not be expected to spend the money in the best interest of their children. This provision, which was applied mainly in the flooded area, provoked contradictory reactions. Some Roma protested that the new system prevented them from purchasing the necessary clothing and fuel to heat their houses. Some Roma women welcomed the measure because it enabled them to spend the family income (mostly consisting only of social allowances due to high unemployment) more efficiently. In recent years, although racist violence against Roma in Slovakia has increased, effective prosecution and punishment have been rare. Also, the police have resorted to abuse. - On 27 October police officers assaulted Roma inhabitants of the village of

8 Hermanovce, Eastern Slovakia. Police entered the homes of two Roma families and beat two Roma youths, handcuffed them, forced them into the trunk of a car and drove them to the police station in Chminianska Nova Ves. The police offered no explanation to the detained or their families; nor did they show arrest or search warrants to justify their actions. At the police station, the two youths were allegedly beaten with truncheons and kicked. They were interrogated and shown diverse items, (for example, a sleeping bag), and pressed to falsely admit to stealing some of them. They were released later the same day, apparently without having been charged with any crime. Doctors who examined them documented bruises consistent with a beating. At no point were the two detainees advised of their rights, and one of the youths, who was a minor, was interrogated in the absence of his parents or other authorized persons. According to the European Roma Rights Center, the following day more than 20 policemen arrived in Hermanovce, some leading police dogs. The police broke down the doors of Roma houses and beat Roma men, women and children. At least one police officer used threatening, racist and vulgar language against a Roma woman while he was beating her. The police then brought six men to the village mayor's office where one of them was released. The others were taken to the Chminanska Nova Ves police station, then released, without being charged with any crime. Two of the five were taken to a local hospital for treatment. 5 According to information from press and NGOs, tensions between Roma and the majority population continued to exist, and social programs have not contributed significantly to the improvement of mutual tolerance. In November and December, Vice Chairman of the government Pal Csaky met twice with representatives of the Roma community in Slovakia. They discussed potential cooperation in the resolution of the complex issues concerning the Roma minority. The Slovak government promised to establish an office of plenipotentiary for the Roma minority. The office was set up in early 1999 and the acting vice chairman of the Slovak Helsinki Committee was named its head. FOOTNOTES: 1. Based on the Annual Report 1998 and other information from the Slovak Helsinki Committee. 2. See IHF Annual Report 1996 and See also Parliamentary Elections in Slovakia in September 1998, Report of the Election Observation Mission, Helsinki Foundation for Human Rights in Poland and

9 the IHF. 4. See also Monitoring Minority Rights, No. 1-2, 1998, Slovak Helsinki Committee (PHARE project reports). 5. "ERRC Calls for Investigation of Police Assault on Roma Settlement in Slovakia," European Roma Rights Center, 2 November 1998.