Hungarian

CIVIL SPECTATOR
Issue Jan - March 2011

in Slovakia

Language Act takes a less bad form

The Culture Ministry, led by Daniel Krajcer of It took half a year for the new centre-right the Freedom and Solidarity party (SaS), in the government to amend the State Language end proposed an amendment to the law that was Act, an issue which has disrupted the states passed by parliament on December 9. Despite relationship with Slovakias ethnic-Hungarian receiving the support of all coalition MPs, the population and with the government of Hungary coalitions Most-Hd party voiced its concern that as well. Despite removing several provisions that some provisions it finds objectionable remain in were objectionable to minorities, the amendment the law. retained that part of the law which caused the Ondrej Dostl of the Civic Conservative Party loudest outcry among ethnic Hungarians: (OKS), who is a member of the Most-Hd penalties for using a language other than the parliamentary caucus and who led civic initiatives official state language i.e. Slovak in public directed against the law when it came into effect in communications. Some coalition politicians September 2009, said that after the amendment admit that the law remains problematic. was passed, the law would be less bad than The previous government, led by Smers Robert Fico in coalition with the nationalist Slovak National Party (SNS), passed an amendment to the State Language Act in June 2009 which caused an outburst of loud criticism from Hungary as well as more muted critical remarks from various international organisations. That law, which tightened the monitoring of the correct use of Slovak in official communications as well as specifying when Slovak had to be used, took effect on September 1, 2009 and was harshly criticised for introducing fines of up to 5,000 for violations. before, but admitted that it remains problematic. Many provisions that limit the free flow of information and interfere in the private sphere more than is necessary were left in [the State Language Act], he told The Slovak Spectator. On a positive note, he said that several restrictive provisions, mainly those directed against minority languages and the public usage thereof, have been removed from the law. The scope for awarding sanctions for language misuse has been narrowed significantly too.

The new version of the law takes effect on January 1, 2011 and no longer requires transport, The centre-right parties of the governing coalition, telecommunications and postal workers to then in opposition, joined in the criticism. But master and use Slovak because their activities after the parliamentary election, representatives have been reclassified as private business and of minorities were disappointed by the slow the provisions of the law will only apply to public movement of the coalition and it did not seem bodies. The new legislation also eliminates the that modification of the State Language Act and requirement that minority-language schools keep elimination of the penalties would be pursued or student records in two languages and allows passed by parliament. cultural activities organised by or for members

Prior to the final vote on the new amendments in the Slovak parliament the Round Table of the Hungarians in Slovakia (Slovakias largest ethnicHungarian civic umbrella organisation) prepared a list of concrete amendments based on the recommendations of the Venice Commission. Some nonsense restrictions will be removed, The list made up of 20 amendments, primarily Krajcer said, as quoted by the Sme daily. focusing on the concrete breaches of Slovakias The law, however, retains the possibility to international commitments, did not echo in the assess fines even though the Council of Europes legislative procedure at all. None of the Venice Venice Commission had recommended that they Commissions recommendations were taken into account. However, following the publishing of the be completely stricken. Venice Commissions opinion even the Slovak The amendment permits the use of fines deputy prime minister (Eduard Chmel) claimed but restricts their application only to public for the revision of the law, in order to get it in line administration and situations where the life, with the international recommendations. Daniel health, safety or property of citizens is at issue. Krajcer, Minister of Culture, refused this idea with The amendment lowered the range of fines from the words: All JUSTIFIABLE recommendations were considered by us in advance. The same 1,000-5,000 to 50-2,500. applies for the recommendation of Knut Vollebaek, (The Slovak Spectator, 20 Dec 2010) High Commissioner for National Minorities of the OSCE. The high commissioner recommended to Slovakia the total abolition of the fines during his last visit of Slovakia in September 2010. This request was also ignored by the Slovak government. of minorities, such as theatre performances, to be voiced solely in the minority language. In addition, parliament eliminated the requirement that text on memorials, sculptures and plaques needed the approval of the Culture Ministry.

Hungarian Communities in Slovakia: Red = >50%, Yellow = 10-50%, Blue = <10%

President Gaparovic threw back the state language act

President Gaparovi is not willing to sign the amended state language act, recently confirmed by the Slovak parliament. The president disapproved of the fact that the financial fines will depend on the subjective decision of the Ministry of Culture. The president proposes to amend the law in a way, that would ensure obligatory fining once a breach of law has been recognized. The parliament amended the state language act on 9 December 2010. Although throughout the mandate time of the first and second Dzurindagovernments (1998-2006) the sanctions were entirely removed from the law concerned, the current amendment introduced them again. However, in the event of an offence the fining is not mandatory, it is just an option. (SITA, Bumm, 28 Dec 2010)

Venice Commission and OSCE recommendations totally ignored

The new version of the Slovak state languge act recently adopted by the Slovak parliament retains the possibility to asses fines, however Council of Europes Venice Commission had recommended that they be completely stricken. The opinion of the Venice Commission published in mid October 2010 was prepared at the request of Slovakia.

Deputy PM apologises to Malinov

Deputy Prime Minister for Human Rights and National Minorities Rudolf Chmel stated that in the case of Hedviga Malinov the right to a just process has been breached by politicians premature intervention in the investigation, and thus her human dignity had been harmed. The fact that we let her be literally tortured for over four years is a big exclamation mark particularly visible on Human Rights Day, and therefore Id like to apologise to Hedviga Malinov-kov for these grave injuries, Chmel wrote in a statement issued on the occasion of Human Rights Day on December 10. Malinov was accused by ministers of the previous government of lying about an alleged attack in Nitra in 2006, in which she says she was assaulted apparently because her assailants heard her speaking in Hungarian. She remains accused of lying to police, but is yet to face trial. In his statement Chmel highlighted For the time being there are no comments to the the fact that there are still many stereotypes and merit of the new law on the use of the languages prejudices working in the country in the relations of the national minorities. The draft of the new between the majority and minorities, particularly law was introduced by the deputy prime minister the Hungarian and Roma minorities. Rudolf Chmel in mid November 2010. (The Slovak Spectator, 13 Dec 2010)

Chmel: the adoption of the law on minority language use will not be easy

The public has had the chance to become familiarized with the draft, they could express their assent or reject it. There have not been any significant comments said Rudolf Chmel. Chmel thinks, the adoption of the law will not be easy, the governing coalitions opinion on the matter will be known only in January. In the meantime, we do not know our partners major objections. Some think, the most problematic part of the law is the reduction of the 20 % threshold for the minority language use. I am convinced, this objection is just an exaggeration, since this is not a substantial thing added the vice prime minister. (SITA, 29 Dec 2010)

OPINION: The state language act: slowly fading away

The dispute over the Slovak state language act reached its next milestone on 9 December. A parliamentary decision was made concerning the content of the law, which was born in sin fifteen years ago. Though the sons do not inherit the sins of their fathers, the fruit of the political love story of the infamous couple Meiar-Slota, could never wash away the fact, that this very law followed a much more profane and sly purpose, than the communicational integration of the society. The Slovak civil society built for already twenty years could not tailor the features of this act to a human face-like, since it gives the official language the status of state language, refers to the nation-state interest and defends something against a minority language.

However, the chance for change has existed for all of these fifteen years. And indeed, the regularization of the use of the official language of a given country is nothing unusual. Provided it does not consciously push aside the use of the minority languages, which anyway - are gradually crowded out from the official communications and often from the private ones as well. Provided, the use of the official language is not declared mandatory in the private sphere. Provided the objections of the significant part of the taxpayers are not understated, ignored, or even demonized. Provided the quantitative minority is not handled as a qualitative minority. And if they do even so, the concept of the state language is born. The latter applies the same principles as the state party or state church concepts. Namely: the exclusivity and exclusion. It was disillusion mixed with hope, when in 1999 the first Dzurinda administration did not amend the content of the Meiar-Slota-like state languge act, Dzurinda only abolished the financial sanctions. It was a thin light in the shadow, when the law on the use of minority languages was adopted by the Slovak parliament, however its content was not eligible. It seemed to be a right direction, when the country where we live, engaged itself to protect the rights of the minorities, that are frequently defenceless. Of course, all these could be seen as a result of appropriate EU-pressures, that Slovakia was due to obey on the threshold of the EU-membership. Many would even bet, it would worked without this EU-help too. The optimistic ones. At that time, the governing parties described themselves as civic democratic forces, and in fact almost the same parties and political leaders of the current governing power state the same. These new-old forces promised a society based on civic principles, they promised democratic and tolerant treatment and the abolition of the anti-minority, restrictive measures of the Fico-government. One would expect, they keep on their decade-ago-trace at worst. And again, many would bet the newold government will do so. The optimistic ones, again. Sadly, they would lose. The new government did not restore the status quo ante. The sanctions remained, in limited form. But, if the sharp knife lies on the table for a time, the less sharp one will have similar effect. The intimidations thus remain.

What is more: even the realists would not have thought, that the civic democratic government would react to the recommendations of an important international organisation as follows: These are just recommendations. By the way, it was Slovakia that requested the opinion of the Venice Commission (a quasi arbitration court), in order to ensure the final settlement of this dispute. And indeed, these recommendations are just recommendations. The Venice Commission recommended Slovakia to fulfil its earlier, concrete and obligatory international commitments. Just like Hungary did in 2003, when it amended the so called Status act according to the recommendations of this very international body. One thing is certain, this ignorance reminding one of Belarus, will have yet serious consequences. Finally, as for the ethnic Hungarians in Slovakia: the optimism gradually subsides. If nothing moves for the umpteenth occasion, if nothing changes for a long time, the pessimism remains the only reality. The chance for a better coexistence slowly fades away. (Attila Lancz, Szabad jsg, 15 Dec 2010)

KDH And Most-Hid Not Yet Unified On The Minority Language Law
Coalition parties KDH and MOST-HID failed to agree within almost two weeks on a change to the law on use of a minority language. Bth parties are to discuss the issues at bilateral meetings, based no an agreement achieved on the ground of the Coalition Council. One of the participants in the talks who wishes to remain anonymous told SITA that the parties have exchanged stances on the use of minority languages and interrupted the negotiations. MOST-HID proposes to reduce the quorum for use of a minority language in official communication in municipalities from the current 20 percent to 10-percent minority population. It argues that adoption of the proposal would extend applicability of the law also to areas where smaller minority communities live. The KDH however is against such reduction. MOST-HID leader Bela Bugar said they would attempt to finish talks within

the time period necessary for putting the issue on the agenda of the parliamentary session in March. Chairman of the KDH deputy club Pavol Hrusovsky recently said that they have a problem with everything, which is not in the government program statement. This was not there. We do not see any need for a change, he stated. (SITA, 22 Jan 2011)

given question. Caricatures make the brochure more colourful as well as a map purporting the number of Hungarians living together with the proportion of Hungarians comparing to the total population in given town. This brochure should be presented in every Hungarian family living in Slovakia- added Cuth. (Bumm, 12 Jan 2011)

Language rights in Slovakia- the guide is ready

A brochure has been issued in about 100 thousand copies with title Language rights in Slovakia, that helps Hungarians living in Slovakia to use their mother tongue more valiantly. When and how can I use my mother tongue? Where can I speak Hungarian in Slovakia? What are my rights? What do laws forbid? Could I frightened by penalty?- among others the brochure answers these questions. Its aim is to egg Hungarians to use their mother tongue more frequently. The brochure with the subtitle Guide of Mother tongue use has been issued by Forum Minority Research Institute in Samorn and the Civil Association for Mother Tongue in Komarno. Moreover it has been supported by the Hungarian Ministry of Public Administration and Justice and the Government Office of Slovak Republic as well. Authors of the brochure were experts Legal Aid Services, lawyers Attila Lancz and Akos Horony, respectively linguistlawyer Csaba Cuth. Karoly Toth, director of Forum Institute said that first of all they were looking for the answers for the problems coming in last year to the Legal Aid Service concerning everyday life and how Hungarian language can be used in offices, court of law, schools or in healthcare. Csaba Cuth set out, that the brochure gives simple answers. But at the same time the answers are underpinned with laws and legal norms in Hungarian and Slovak referring to the

Speaking in minority tongues

Weak knowledge and strong emotions accompany the law on the use of minority languages now en route to parliament, according to its author, Deputy Prime Minister for Minorities and Human Rights Rudolf Chmel. But while the law will affect the life of minorities other than Hungarians, Chmel, a nominee of the Most-Hd party, admits that it is the unresolved relationship between Slovakia and Hungary that might make the laws way through the parliament tougher. Slovakia, with its 13 national minorities and nine officially approved minority languages, is a multi-ethnic country, and Chmel says that his law aims to create optimal conditions for all minorities to feel at home. The amendment to the law on the use of minority languages has been referred for interdepartmental review until February 28 as a coalition proposal. It has been slightly altered from the version originally proposed by Chmels office, which would have lowered the quorum of native-speakers at which point use of a minority language can be required from the current 20 percent to 10 percent of the local population. The coalition partners did not approve that version, despite the fact that Chmel says it is in line with international recommendations, and the current version of the amendment states that a minority language can be required in addition to Slovak in official communication if 15 percent of citizens in any given municipality belong to the national minority in question. According to the law, however, any of Slovakias nine officially approved minority languages can be used in official oral communication anywhere in Slovakia as long as the respective official and all persons concerned in the official procedure

agree. The minority languages used in Slovakia are: Hungarian, Czech, Romani, Ruthenian, Ukrainian, German, Polish, Croatian, Yiddish and Bulgarian. Another highlight of the law is that it introduces fines for those official bodies that fail to observe it, so that it mirrors the conditions which are valid for using Slovak in official communication according to the State Language Act. Christian Democrats disagree Despite Chmels proposal, the coalitions MostHd and Christian Democratic Movement (KDH) both hinted that the 15-percent quorum might not be the final outcome. We understand the concern that after the forthcoming census the numbers of minority citizens might fall and the present status quo might change, KDH spokesperson Matej Kov told The Slovak Spectator, adding that the KDH suggests that instead of lowering the quorum the party proposes another solution: to consider figures from the two most recent censuses. For the moment, however, there hasnt been agreement within the coalition, Kov said. Chmel stressed that proponents of the language law are negotiating with the parliamentary caucuses, including the KDH caucus. We want to persuade them that it is only about improving the comfort of national minorities, and in no way is it about the Hungarian minority, Chmel said. More Roma and Ruthenian villages Chmel admitted that 15 percent is a compromise and for many Most-Hd politicians, who are mostly of Hungarian ethnicity, the 15-percent quorum solves nothing. The Hungarian minority is according to Chmel the least affected, as only two villages will be added to the over 500 that are already officially bilingual. If the quorum were lowered to 10 percent, it is estimated that 30 more villages would become officially Hungarian-speaking. But since we dont want to be utilitarian and pragmatic, we will pursue [the present] solution as it is advantageous for smaller minorities, Chmel said. The 15-percent quorum is expected to introduce bilingualism into more than 70 additional municipalities, with Roma and Ruthenian minorities being the most affected. The costs that will accompany the changes are, according to Chmel, negligible from the budgetary point of view. The number of Roma-speaking villages will grow from 57 to 86, while there are expected to be

113 Ruthenian-speaking municipalities instead of the current 68. While currently one village in central Slovakia, Krahule, is German-speaking, under the new rules there should be one more, Kuneov. Two municipalities within Bratislava, Jarovce and unovo, would be designated Croatian-speaking. Macov, a village in southern Slovakia, which already is bilingual SlovakHungarian, is a rather curious example, as the new quorum should make it trilingual, with Czech becoming an official language too. The human rights aspect Among the questions that have been raised concerning the use of minority languages include the practical application of languages such as Roma, which is not codified, in places like post offices or health-care facilities where staff might not speak the minority language. Chmel admitted that a whole new infrastructure for using the Roma language needs to be established, which could require the practical implementation of the law to be postponed. According to Klmn Petcz, the director of the human rights section of Chmels office, there is however a human-rights aspect to the use of minority languages, which is also guaranteed by the Slovak Constitution, regardless of any quorum. Spreading and receiving information in ones mother tongue, and the use of the mother tongue of a member of a national minority in official communication is a constitutional right and an international obligation of the Slovak Republic, Petcz said, adding that the question is whether there are legal guarantees for such usage. According to Petcz, there have not been conditions for use of minority languages, and the aim of the proposed law is to create those conditions. For instance, the task of health-care facilities is to do their utmost for patients, regardless of the language they speak. As such, health-care workers are obliged to make sure a patient knows what they are going to do to him or her, Petcz said. (The Slovak Spectator, 28 Feb 2011)

Slovakia counts its minorities

Nationality (ethnicity) will be among the key questions in the national census that will be

conducted this spring in Slovakia. Along with the much-debated change in the threshold for mandating that minority languages are to be used in municipalities, the actual count of minority citizens that results from this census will also determine where a minority language must be officially recognized and used. Representatives of ethnic Hungarians, whose officially-recorded population is expected to drop again in this census, have already started campaigning for ethnic Hungarians living in Slovakias southern districts to state their nationality as Hungarian when completing the census question. The question about a residents national identity offers 14 specific choices plus a blank field if none of the listed nationalities corresponds with the persons professed nationality. The choices are Slovak and the 13 officially recognized national minorities living in Slovakia: Hungarian, Roma, Ruthenian, Ukrainian, Czech, German, Polish, Croatian, Serbian, Russian, Jewish, Moravian and Bulgarian.

The 2001 census counted over 520,000 ethnic Hungarians living in Slovakia but experts have said that the recorded population could drop by as many as 60,000 in the 2011 census. In 2001, the number was almost 50,000 less than in 1991.Sociologists have said that the drop in the number of ethnic Hungarians recorded in the census could be attributed to demographic changes as about 1,000 more ethnic Hungarians die each year than are born to ethnic Hungarian families. But Boris Vao from the Demographic Research Centre also pointed out to the SITA newswire that nationality in the census is determined on a declaratory principle: a person states their nationality. Assimilation is an existing phenomenon and we must create a political atmosphere that will make minorities feel at home in Slovakia, Lszl Juhsz, the head of the Section for National Minorities at the Government Office, told SITA.

Politicians who represent ethnic Hungarians have The results of the census will have an impact on conceded that the number of ethnic Hungarians whether a minority language will be designated counted in the 2011 census might decrease as one that must be spoken or written in a again and they have started campaigns to inform certain municipality in official communications. ethnic Hungarians living in Slovakia about the The current threshold in Slovakia is when a census and to encourage them to state their municipality has 20 percent or more of its residents nationality as Hungarian. I believe the concerns from a specific minority. The municipality is then are appropriate, said Bla Bugr, the chairman designated a bilingual municipality in which of political party Most-Hd, as quoted by SITA. certain rights for the minority become obligatory. Natural assimilation is picking up pace. Bugr Rudolf Chmel, Slovakias Deputy Prime Minister also stated that he was worried that a hostile for Human Rights and National Minorities, is now approach towards minorities that was taken by proposing to lower this threshold to 15 percent. the previous government of Robert Fico might negatively influence the willingness of people Chmel is encouraging members of national to mark their nationality as Hungarian on the minorities to state their professed nationality when census form. completing the census form. When collecting statistical data for the census, we expect (The Slovak Spectator, 7 Mar 2011) members of minorities to be serious not only about the economic and social information, but also about belonging to the national community from which they derive their identity or with which they are culturally linked, Chmel wrote in a statement, adding that this will be particularly important for those minorities who are perceived by the majority through negative stereotypes. (The Slovak Spectator, 7 Mar 2011)

Ethnic Hungarians to campaign

OPINION: Law on the nationalization of the language

subordinated to the principle of the nation. If this country was governed by the civic principle, then its citizens of various nationalities (ethnicities) would be equal, including their languages being equal. The state should entirely avoid caring about the Slovak language as the communication The political theorem is as follows: in this instrument of the ethnic Slovaks, and through country now we the Slovaks - are the ones them on a voluntary basis - the remaining who rule. Slovak nationals. A professionally qualified team at a linguistic institute would do. It is essential to remember, how the problem of the minority languages was initiated. The constitution of the Slovak Republic formulated the principle Looking for solution of the state language, though later on it triggered Unfortunately, today we are in a different situation, the necessity of its own amendment. And this and we should take notice of that. Since there is led to the necessity to have a law on the use of no possibility of removing the principle of state the languages of the national minorities. These language from the constitution and the related two parallel processes triggered an unbalanced legislation, the solution should be sought in a relationship between the two acts, and finally this reduction in the damage caused by the state led to the next amendment relating to the use of language act. Damages are caused to the minority languages; a good example of legislative Slovak languages and the Slovaks, though in this avalanche. At the same time, it is also an example particular case we mainly focus on the rest. The of how we need to deliberately consider what political theorem for this amendment is as follows: should and what should not be regulated by an removal of the lack of conformity between the act, in particular by the constitution, just to avoid rules of the use of the state language and the legislative mass. rules of the use of the minority languages, as it is formulated in the explanatory memorandum. Needless protection This is the formal side of the issue. We did not need the nationalization of the language, that is to say, its regularization by The substantive side should be a regulation, that the state bureaucracy which calls this the is in favor of the national minorities, that is to say, protection of the Slovak language. Neither that satisfies their needs and claims to a greater the Slovak language, nor its use was externally degree than the regulations in force until now menaced either at the time of birth of the Slovak have done. Interpreted in this way removal of Republic, or later. Thus, it was unnecessary lack of conformity thus means, not only the rules to protect it, and moreover, to administratively concerning the use of minority language are to shift it under state protection. Here also applies be adjusted to the given regulation of the state the principle of subsidiarity: in the event that language, but they should be applied vice versa something can function, develop naturally and as well. Sadly, in this very case only one of these properly without state interference, the state two acts has been amended, albeit their mutual should be left aside. Therefore, the constitutional and simultaneous amendment would be a more fixation on the Slovak language as state proportioned solution. language and everything that rests on that I personally consider to be not only useless, but Political gestures also harmful. Since the privileged, even prerogative status The political theorem for this constitutional article of the Slovak language (as state language) was as follows: in this country now we the remains intact, those political gestures of the law Slovaks - are the ones who rule. The Slovaks revision will be important, which demonstrate are the Slovak nation. The rest, who live in our the willingness of the governing coalition to country, have to accept our language as a state support the national minorities in the use of language by law! The nationalized language has their languages. Such a gesture would be to cut become a tool for the enforcement of domination down the 20 %-threshold for the use of minority by the ruling nation. The civic principle was languages in official communications to 10

%. The same applies to all the other methods of broadening the right to use the minority languages in the official communications at all, the introduction of facultative bilinguality within the entire official agenda, the mandatory marking of the settlements, the streets and other local marks in the language of the given national minority, the cancellation of the quorum in case of markings of settlements, etc. These are one by one very important symbolic issues, where a reference to the higher expenses would be a shabby excuse, these expenses are relatively low anyway, and finally, this would not be a gift from us the Slovaks - to the minorities, this would be covered from their taxes too.

In view of these, I deem the amendment of the act on minority language use to be an achieved political compromise, which however is better than nothing, but it still only repairs the difficulties caused by the state language act. Futhermore, at the moment it is us, the representatives of the majority who decide what is good for the minorities. Our ambition should be: to have satisfied minorities living among us, and they should feel, they are the ones who decide about their own fate within the framework of the Slovak political scene. Miroslav Kus is a renowned Slovak politologist and philosopher, primarily dealing with human rights and minority rights issues

Miroslav Kus

The Hungarian CIVIL SPECTATOR in Slovakia is issued by the Forum Minority Research Institute. Address: Parkova 4, Samorin, 931 01, Slovakia, Tel.: 00421 31 590 27 90, E-mail: foruminst@foruminst.sk