Delegation of the Slovak Republic

Working Group III

November 3, 1994

INTRODUCTORY STATEMENT ON

CLUSTER 5 - NATIONAL MINORITIES/ROMA

Mr. Chairman,

On behalf of the delegation of the Slovak Republic I would like to make a general statement on national minorities policy of the Slovak Republic. I would like also to share with you a few reflections on some problems related to the implementation of the CSCE commitments in the sphere of the rights of persons belonging to national minorities.

In compliance with the internationally prevailing approach the Government of the Slovak Republic tackles the issues of national minorities as a part of the broader cluster of human rights and fundamental freedoms. The Slovak Republic has chosen to develop its legal system on individual conception of the rights of persons belonging to national minorities - again in full accord with essential international human rights documents.

All governments, which have ruled the Slovak Republic up to now, together with the National Council of the Slovak Republic - the highest law-giving body - haev undertaken decisive steps to complete the existing legal system and to bring it into better or full compliance with international standards and international commitments deliberately accepted by the Slovak Republic when joining the international community. It is our firm conviction that these days the valid legal system of the Slovak Republic provides optimal conditions for persons belonging to national culture in all its forms and to cultivate their mother tongue without administrative restrictions and impediments and - on the other hand - to guarantee and offer means and chances for full-fledged integration into the Slovak society.

the legal system of the Slovak Republic is covering minorities issues in a form of several substantial legal acts which contain appropriate articles concerning national minorities. That's why now there are different laws regulating use of state language, education, traffic signs etc. these form in fact a coherent whole guaranteeing to persons belonging to naitonal minorities not only equal chances with the majority but in some cases procure them positive discrimination.

Other participating States have preferred a different approach - promulgating one comprehensive act on national minorities. These two approaches - although formally different - can - there should be no doubts - provide the same - sufficient and reliable legal guarantees to the persons belonging to national minorities that they can preserve and promote their cultural identity. That's why this delegation is inclined to consider the dispute which those afore mentioned approaches is better as a scholastic one. This legal basis is to be considered as one of the reasons why all national minorities can record not only the preservation of their identity but in some cases even notable and continuous growth and extension of their creative capacities.

Some European countries, where the survival of national minorities is threatened, currently follow the minority policy which is in some respects above international standards ( UNO, Council of Europe, CSCE ). This delegation cannot but approve such undertakings. However, the matter of fact that these countries have become in the mean time ethnically almost homogenous, justifies the opinion that in such case we should be very careful using the term "positive minority policy". It is probably more adequate and advisable to speak about the policy of revitalization of national minorities or about the reoriiientation of the government policy to advert the tendencies towards the consummated assimilation. It is the very natural to make a conclusion, that this kind of policy could hardly be presented as a general model for all participating States. Moreover, the results of this new policy are not so clear yet. It will require some time to allow us to evaluate correctly and objectively the effectiveness of these

new measures.

The countries, where the national minorities enjoy all international guarantees, do in fact preserve their cultural identity, participate fully in decision-making thgough their political parties and associations, have to deal with very different issues. Some of them very complicated in their substance. Naturally, such countries have to apply other democratic instruments and methods.

Let me to address now just one of the problems countries like mine are recently facing.

An internationally acknowledged expert - F. Capotorti - has pregnantly developed in his famous study that the whole bulk of international instruments for protection of minorities is applicable to them provided the minority concerned is not in the dominant position. In other words, the fact that a group of a population living in a state is numerically inferior, forming thus a minorityt, does not necessary and unavoidably entail that the human rights of these people are violated, that they are by the same token oppressed, discriminated, mishandled ect. by the majority.

Sometimes and some minorities, however, presuppose and take for granted that by the simple fact of belongingness to a national minority the respective persons suffer a terrible injustice. In such case the politicians representing that minority tend to hate and avoid even the designation of "minority" and prefer some other names. Consequently, they start very often to opt for a solution which would bring persons they represent to the position of majority. This can be achieved only by one means - provided you are obliged to respect the Helsinki decalogue - this one being the territorial autonomy.

It eas said at a meeting held in the frame of this Review Conference that the idea of autonomy is a ghost strolling across Europe. We all have made a mor e or less profound and painful acquaintance with one ghost which has proudly marched through the world for a quite long time. We know also how the hole story was concluded. Maybe thet those, who are audaciously freeing the ghost out of the bottle, should be aware of the destiny, which met the ghost previously alluded.

Mr. Chairman,

Closing this intervention let me recall here that in the Helsinki 92 document the participating States have accepted enhanced commitments and have opted for closer cooperation in the human dimension. Chapter VI, article 26 commits all participating States to "address national minority in a constructive manner, by peaceful means and through dialogue among all parties concerned on the basis of CSCE principles and commitments."

In the spirit of this artcile this delegation would like to invite all participating States to support our slightly modified proposal entabled for the first time by the delegation of the Slovak Republic and adopted by the second CSCE Parliamentary Assembly meeting which took place in Helsinki from 6 to 9 July 1993 and repeated at the 23rd meeting of the Comittee of Senior Officials held in Prague on 22 September 1993. This proposal which is to be further developed seeks to prepare under the auspices of the High Comissioner on National Minorities a comparative study on the state of national minorities in the area of the CSCE during the period of last fifty years by a tem of experts nominated and/or seconded by the participating States. A comprehensive study of that sort is badly needed in order to provide a solid, impartial and objective base for all future discussions concerning the national minority issues.

Thank you, Mr. Chairman.