Report: Implementation of European Charter of Regional or Minority Languages in Slovak Republic

Center for Legal Analyses - Kalligram Foundation (www.cla.sk)

April 2003

The European Charter of Regional or Minority Languages was signed on behalf of Slovak Republic in Strasbourg on February 20, 2001. The President of Slovak republic ratified this Charter on July 20, 2001. The Charter generally came into force on March 1, 1998 based on Article 19, Section 1 and for the Slovak Republic on January 1, 2002 based on the Article 19, Section 2. The first report on implementation of the Charter was prepared by the Slovak Ministry of Foreign Affairs in December 2002.

Center for Legal Analyses – Kalligram Foundation (CLA) prepared an alternative report on Charter implementation in Slovakia. The goal of this document is mainly to provide a brief overview on the implementation of the Charter in Slovakia – especially to draw attention to shortcomings of the Charter implementation regarding (i) imperfect or contradictory legislation as well as (ii) other issues raised during the implementation process. CLA tried to show some of the most important and most problematic spheres from the national minorities’ point of view; capture shortcomings that prevent the full implementation of the Charter in some areas and also barriers experienced by representatives of national minorities in the process of everyday exercise of their rights secured by the Charter.

CLA focused its report especially on areas of use of national minorities languages during official proceedings; on the area of education; on the issue of a legislative definition of minorities; on support of minority cultures, and on the area of minority media.

A possible amendment of the legislation on the use of languages of national minorities is still an important legislative task, as these laws are sometimes unnecessarily restrictive. However, a no less important problem is the low level of implementation, that results from the weak awareness of citizens on laws in general as well as from the fact that these rights can be exercised only in municipalities where more than 20% population formed by national minority. Of course, the raising of legal consciousness or even an encouragement of members of minority groups to assert their rights is not primarily the responsibility of the government, but a certain level of government engagement in this areas seems to be necessary to effectuate a more effective use of these rights in practice.

Another problem is that the use of minority language is not completely granted even in municipalities where the 20% threshold is met, because municipal authorities are not covered by the law on the use of minority languages. At the same time, municipal authorities (as public, but not state authorities) are key players in the sphere of rights of national minorities – they are those competent for example in the sphere of education and culture. This fact is even more emphasized now, as more competencies have been recently delegated to municipal and regional authorities (regional authorities being the equivalents of municipal self-government on a regional level).

Defects in legislation became apparent in the case of Trnava region, where Trnava regional parliament did not approve the usage of Hungarian minority language even though the Hungarian minority population here forms 23%. The law is not applicable, because in Trnava city itself the Hungarian minority population does not reach necessary the threshold of 20 %. The same issue is raised in a case when the official proceeding on regional level is taking place in Hungarian language and later on, for example during the appeal proceeding it is moved to the regional level where the minority population rate does not reach the necessary 20% and for this reason the decision of the competent body on higher level cannot be issued in Hungarian language. This problem is generally present in the case of regional administration bodies that are located in municipalities where none of the minorities of ethnic groups reaches the necessary 20% rate, even though within the region in general, as well as in many individual municipalities within the region this rate is reached.

This state of affairs can be evaluated not only in political terms (clearly, the decision to allow the use of minority languages only in municipalities, where the population reaches the 20% threshold, without having regard to the fact that there are regional centers with almost no minority population, while the region itself has a significant minority population, is a political decision), there is legal principle being broken, that of the unity of administrative (but also judicial) proceedings. This principle states that any proceeding – from its beginning to its end, i.e. from the fist level until a final decision is rendered either on the first or the appellate level - forms one single unit. The principle is not respected so far that the first level proceeding conducted in minority language is in some cases followed by appellate proceeding, where the minority language cannot be used because of the non-fulfillment of the 20% rate. The first and the appellate level of proceeding are conducted in different circumstances, which might even give rise to constitutional concerns.

Another important shortcoming of the current law is the fact that minority languages cannot be used during the so-called specialized state administration proceedings (such as tax or customs proceedings), which creates considerable limits for representatives of national minorities in effective usage of their language in official proceedings.

The effective usage of national minorities languages during official proceedings is limited also by weak awareness of state officials on this issues and also the fact that official pre-printed forms very often used in official proceedings are not available in the language of the relevant national minority.

Last but not least, the commitment of Slovak Republic to publish the most important legal documents in language of national minority is not performed by the state itself, but is mostly supported by private financial sources.

The right for education in native language for members of all national minorities in Slovakia is secured by Constitution of Slovak republic. Even though this rule is valid for all minorities, including Roma minority, the Act no. 29/1984 on the network of elementary and secondary schools does not include the Roma as a minority with the right for education in their native language. In Slovakia, there is no network of elementary or secondary schools supported by state that would provide education in Roma language. There seem to be two main reasons for this – first, a general doubt about the effectiveness of education in Roma language and, second, uncertainty related to the state of codification of Roma language. The Slovak government states that there is a lack of interest on the side of Roma parents as well. Even though the Roma language is not used as an official language for education in any schools, it is used by Roma assistants and as a second language in kindergartens and pre-school education in areas with large population of Roma children.

According to the Charter, during civil proceedings it should be secured to the parties to use their regional or minority language without additional fees incurred for the parties and secure translation of documents and evidence in regional or minority languages – if needed by providing interpreters or through translations.

During civil proceedings, the right of parties of the trial to use their native language during their speeches addressing the court should be secured. Expenses for interpreting these speeches are considered to be court expenditures and therefore borne by the state. On the other hand, if a party of a trial wishes to submit written documents executed in a minority language as evidence or to call a witness who would give testimony in a minority language, the expenses for translations or interpreting are paid by the party of the trial. This situation shows, that in the case of suggesting evidences, there is no absence of „additional expenses“ on the side of the parties. In addition to this, reports as well as court decisions are issued only in state language.

Documents issued during penal proceedings are delivered without translations to any minority language. In these cases the rights for proceedings in his/her native language are not secured as Slovak citizen. A member of a national minority who is not fluent in state language has to pay for translations of written documents. But parties to criminal proceedings not understanding the state language properly are entitled to a translator at state cost.

Public minority university education in Slovakia does not exist Within the state universities, there exists is special education for teachers in minority languages (fully or partially) for the needs of Hungarian elementary and secondary schools (at Konštantín Philosopher University in Nitra and partially also at its branch office in Dunajská Streda, and at the Department of Hungarian Language and Literature of Commenius University in Bratislava). From fall 1998, there is also Section of Hungarian Language at the Department of Ugrofin and Baltic Languages at Philosophical Faculty of Matej Bel University in Banská Bystrica – this faculty provides education and preparation for interpreters, translators and philologists. There are also some projects going on in branch offices of this faculty in Lučenec. The basis for university studies for the education of Roma intelligence is provided by Konštantín Philosopher University (UKF) in Nitra – in 1990 the Department of Roma Culture was established, which is from November 15, 2001 part of the newly established Faculty of Social Affairs at this university. In cooperation with other faculties, UKF provides study for future teachers for first four grades of elementary schools focused on Roma culture together with social work focused on Roma community.

The Ukrainian minority has its base of education for teachers at Prešov University, where the Department of Ukrainian Language and Literature operates. This department provides three kinds of studies for its students – Bc. in Ukrainian language; Mgr. in Slavonic philology of Ukrainian language and literature, respectively pedagogy together with Ukrainian language and literature in combination with another subject. Ruthenians have no such base. Czechs and Polish did not articulate such demands. Carpathian Germans started to show interest for establishing study for preparation of teachers for first four grades of elementary schools and there is some cooperation with UKF in Nitra. However, representatives of national minorities are studying at other universities, faculties and departments of Slovak higher education. Their number is as follows: Czech, Moravian, and Sliezska nationality is stated by 230 (0,25%) students, Ukrainian by 158 (0,17%), Ruthenian by 134 (0,145%), Hungarian by 4199 (4,557%), Polish by 16 (0,017%), German by 24 (0,026%), Roma by 8 (0,00868%), and other by 59 (0,064%) students of Universities (meaning all universities in Slovakia) This percentage shows that representation of university students of none of the minority reach the level that would correspondent with its representation within the population of this country.

Admission examinations to all departments at Slovak universities in minority language are not regulated by current legislation regarding higher education. This issue can be solved by already planned reform of basic and secondary education – especially by preparation for general two-level final exams that would in short term (till 2005) substitute admission exams. After such reform, the issue of the language used during admission exams would not be relevant any more.

According to information from the Secretariat of the Government Commissioner for Roma Communities, there are around 42.000 Roma children studying at elementary schools in Slovakia. The majority of Roma students at secondary schools (approximately 8%) attends training colleges. Around 2.000 Roma finished high school education (meaning education equivalent to university education, mostly of a technical orientation) and around 800 of them finished university studies. Roma NGOs emphasize that issues related to poor school attendance by Roma children are the result of efforts to eliminate Roma from Slovak schools and refer to many cases of discrimination of Roma – especially discrimination by management of schools. Researches really proved that there is a clear segregation attitude towards Roma children from Roma settlements who are sent to elementary schools with a higher rate of Roma children. Another form of isolation is the constant existence of so-called segregation classes attended by Roma children at ordinary elementary schools. Projects introducing the institute of so-called Roma assistants aimed at helping the progress of Roma pupils in schools are in pilot phase and are implemented by NGOs, not by the state. However, we should take in consideration, that in 2001, the Slovak Ministry of Education takes over a complex plan of Roma assistants from the Open School Foundation. Beginning in this year, the Program of Roma assistants will be implemented as a part of Phare project (“Improvement of Situation of Roma in Slovak Republic and Society” – SK 0002, approved overall budget is 1.720.000 EUR. )

Insufficient legislation is one of significant obstacles in the implementation of measures in the area of education – such as organization of pre-school classes and employing Roma for positions of teacher's assistant. Multiplication of these programs – that are successful in pilot phase – will need state support. The Slovak Ministry of Education was till today not able to prepare a systematic long-term strategy to improve the accessibility of education for Roma, even though this area is considered to be the key for improvement of situation of the Roma minority in general.

In 1998, the Programme Declaration of Slovak Government established the currently existing network of institutions focused on the national minorities issues. Such a network of institutions never had any legal framework in the sense of having been regulated in legislation and was therefore always dependent on the political will to maintain the system. The Section for Minority Cultures of Ministry of Culture was – similarly as the Department of Minority Education, established on the basis of Programme Declaration of the Government and by this has no legal, only a political ground. Other limitations are that neither the Section, nor the Department has any rights to accept independent decisions, nor do they have an independent budget.

The so-called Roma Strategy of Slovak Government („Strategy for Solving Issues of Roma National Minority and Set of Measures for its Implementation – First Stage, approved on September 27, 1999 by Government Resolution number 821; and „Developed Strategy of Slovak Government for Solving Issues of Roma National Minority into Set of Concrete Measures for the Year 2000 – Second Stage”, approved on May 3, 2000 by Government Resolution number 294) determines the role of Slovak Ministry of Culture in the support of publishing Roma magazines and newspapers. In 2002, the budget of SK 1.650.000 (around 39.549 euro) was determined for this purpose. Representatives of civil society try to pursue the need for long-term strategy for the support of minority media. The fact that the support is currently given on the one-year basis prevents effective long-term planning in this area. Roma printed media cannot survive without state support, but the system of current state support does not give Roma media a chance for long-term development.

The Law on Slovak Television and the Law on Slovak Radio determine rules for minority broadcasting. Talking about Hungarian broadcasting in Slovak Television, its budget is insufficient (the same situation is related to the broadcasting of other national minorities) and there is no space for independent decisions (in spheres such as programmatic structure, etc.) – the same situation is present in Radio Patria, the Hungarian-language pubic broadcast.