The Slovak State Language Law and the Minorities. Critical Analyses and Remarks

FOREWORD.

On 15th November 1995 The National Council of the Slovak Republic adopted the State Language Law On 28th November Michal Kovác, the President of the Slovak Republic signed the Law which is expected to come into force on 1st January 1996.

Having studied and analysed the preliminary drafts and the adopted version of the State Language Law it can be concluded that the coming into force of this Law wilt hue a restrictive effect on the use of minority languages, contrary to the permanently emphasized Slovak arguments. In this respect, it contradicts not only to the Constitution of the Slovak Republic and the Hungarian-Slovak Basic Treaty which is considered to be one of the most important achievements of the negotiations aimed at concluding the European Pact on Stability, but to the spirit and principles of the latest international documents on the protection of national minorities.

It is obvious that Slovakia. can not be denied the right to regulate the use of her ate language by it law. However one should not forget the fact that in Slovakia there live a significant number of national minority communities n the most numerous of which being the 600.000 strong Hungarian community and this new legislation leaves no legal guarantees for them to enjoy their constitutional right to the free use of their mother tongue The general principle of the law is to state that the use of the Slovak language is exclusive in almost every aspect of life which is in enormous step backyards compared to the so far existing practice.

The preconditions of the creation of this newly adopted law differ significantly from those of the similar law adopted in 1990. The adoption of the language law of 1990 expressed the desire to reinforce the position of the Slovak language against the Czech language that became dominant within the Czechoslovak state and to simultaneously regulate the use of minority languages. this new law has been adopted in the sovereign Slovak state and as it becomes evident from the justification attached to the draft law submitted to the National Council for approval, its barely hidden purpose is to remedy the historical grievances" that fell upon the Slovak language, to eliminate the linguistic identity of minorities and to use the linguistic superiority of the state-forming nation as a tool of assimilation. In this sense the adoption of this law is an integral part of the anti-minority policies which one could not fail to observe in Slovakia recently.

The primary purpose of this volume is to focus the attention of the public to the above mentioned, negative tendencies by publishing the text of the law together with some analyses and critical remarks. This publication is the first volume in a series in which we would like to overview and observe the minority-related policies of the Central and East European countries as well as the aspirations of the national and ethnic minority communities living in this region.

JUSTIFICATION.
[Unofficial translation of the text attached to the Draft-Law on the State Language submitted to the National Council October 24, 1995].

The Slovak language belongs to the large family of Slavic languages, and it can be ranked among the oldest civilised languages of Europe. its written form (alongside Latin) began appearing already in 863 thanks to the efforts of two Byzantine missionaries, Saint Constantine-Civil and Saint Method, in the Greater Marvin Empire, which in large part consisted of Slovakia. The Saloniki brothers created the first Slavic alphabet (glagolic) d wrote the first literary works. In this cultivated form the ancient Slovak language (alongside Hebrew, Greek and Latin) became the fourth language of liturgy and diplomacy in Europe.

Following the annexation of Slovakia to Hungary, Latin became the predominant official language and remained such until the end of the 18th century. In the 15th and 16th centuries, largely as a result of the Reformation, the Czech language was used in our country for written texts, which endured among Slovak Evangelical circles as a liturgical language all the way to the middle of the 20th century.

During the centuries, however, the Slovak language always maintained its independence. Evidence of this are the various documents written in Slovak remaining from the 15th to 18th centuries (city records gad transcripts, notes of meetings of county noblemen the calendars of feudal lords, guild documents, official and private correspondence among bourgeois, aristocratic arid cultural circles, as well as the rich folk poetry). The literary Slovak language (bas on the Western Slovak dialect) was first codified by Anton Bernolak (Grammatical Silica, Bratislava 1790), a efforts were significantly aided by other Catholic writer-priests. Juraj Ferndale, Jan Holly and others. The results of their work were exploited by the Evangelical side of the Slovak intelligentsia, namely Ludovit Sutra, who, on February 14,1843, codified the so-called central Slovak written language in Bratislava.

With the codification of Slovak literacy, Slovak national unity was established. The awakening of national consciousness gradually bridged the religious differences, and this made not only toleration possible, but the integration of the Slovak nation as well.

From the end of the 18th century, the Slovak language had to withstand the increasingly aggressive pressure of the Hungarian language. (The Hungarian language belongs to the Ogre group of Finno-Ugric branch of the Uralic languages, and the first written record is the Funeral Speech (Halite Bested from the 12th Century; the word beszéd-beseda is obviously of Slovak origin, as are thousands of other words in the religious, governmental, agricultural and handicraft fields.)

When in 1791, Emperor Josef II replaced Latin with German as the official language of the Habsburg Empire, the Hungarian Parliament reacted by Law No. XII introducing Hungarian as the "language of the homeland' in the schools. This marked the beginning of a very consistent Magyarisation, which is traced in the following brief chronology:

Forced Magyarisation during the time of historic Hungary as well as between the years 193 8 and 194 5 when Hungary occupied a large part of-Southern Slovakia inflicted wounds that remain open to, this day.

Following the creation of Czechoslovakia in 1918, the myth of a twin-pillared, unified Czechoslovak nation was conceived. In this spirit the Constitution of the Republic of Czechoslovakia did not even recognise two official languages, only one state language, Czechoslovak, in two versions: Czech and Slovak, Constitutional w No. 122, adopted February 29, 1920, in Paragraph 1 asserts: The Czechoslovak language is the state and official language of the Republic " Paragraph 4 provided. "Using the state and official language, agencies located on those territories of the Republic which prior to October 2 8 belonged to kingdoms and to countries which were represented in the Imperial Council or belonged to the Prussian Kingdom, usually the language of disposition was Czech, and in Slovakia usually Slovak." In practice, however, the Czech language was considered to be the state language, and its use was never restricted in any way in Slovakia.

II

A language law is a natural part of developed legal systems. The Slovak language is the national language of the Slovaks, who comprise the only state-forming element of the Slovak Republic. The role of the Slovak language as the untying language of all citizens of the Slovak Republic also arises from the position of [the Slovaks as the] state-forming element This law establishes the guarantees for preservation of the unified means of communication between citizens of the Slovak Republic, and thus insures the respect for international agreements and the conditions necessary for the functioning of all spheres of social, political and economic, life. The draft-law, among others, strives to overcome deficiencies appearing in. laws adopted in this field to date and to bring the question into harmony with the Constitution of the Slovak Republic, recent legislation and international standards.

SNC (Slovak National Council] Law No. 428/1990 on the Official Language of the Slovak Republic, adopted October 25, 1990, was only a partial solution, and, as a law, is inconsistent, It considers the Slovak language only an "official language (Article 1, Paragraph 1). Contrary to the sovereignty of the Slovak Republic and Slovak nation, it recognizes Czech as a secondary official (auxiliary) Language (Article 6, Paragraph 1). This is what was reflected, for example, in the Encyclopaedia published by Harvard University, which, under the tide, Slovak, mentioned Czech as an official language.

This contradicts the Constitution of the Slovak Republic, which provides that (Article 6, Paragraph 1): "On the territory of the Slovak Republic, Slovak is the state language".

These facts amply justify adoption of a new law.

The life and personal development of every Citizen of the Slovak Republic is premised on the right of free common nicotine and expression in a manner which guarantees him the opportunity to resolve all. maulers before state authorities and every other institution through which he satisfies his everyday needs. The vehicle of communication and administration is the language which the citizen knows perfectly, in which the citizen can express himself in the manner befitting the methods and forms of human contact, and this is indispensable from the point of view of the spoken and written word, and reading the written text The law, therefore, protects the interests of the citizen and the consumer as well.

The state, as the guarantor of free life and development for die citizen, is required to establish the conditions for every citizen to be able to master the language in which he can make himself understood in the entire territory of the state-The state, therefore, organists the public education system, as well as the state administrative system, in such a way as to establish, without regard to linguistic identity, die universally appropriate conditions to guarantee the communication needs of the citizens. The bill on the state language fulfils this objective, and creates conditions for state and local administration on the entire territory of the Slovak Republic to work in harmony with the needs of die citizens.

The offices, institutions, organizations and entities of every kind functioning in the realm of state, social and civic sectors-regardless of the identity of their founder-are required to guarantee that they are able to communicate in the official language, both orally and in writing, and to conduct every activity in conformity with the rules of the language and its usage in the proper form and method. The same applies fully to the use of technical and secondary aids as well, in whose case the generally prevalent linguistic standards must be preserved and the requirements of literary integrity and the culture of the Slovak language must be met.

The proposed law My respects the obligations falling on or accepted by the Slovak Republic relating to the protection of the rights of persons belonging to national minorities and the development of such persons, beginning with the little agreement of Saint-German, through Article No. 32-34 of the 1990 Copenhagen Document all the way to Article 14 of the Framework Convention of the Council of Europe, adopted by the Committee of Ministers on November 10, 1994.

In drafting the law on the state language, we took into consideration regulations having the force of law in several European states, primarily France, Lithuania, Belgium and Holland.

The following information from the USA is characteristic:

Republican Congressional Representative Tobi Roth submitted a bill to Congress whereby the official language of the USA, would be English. The law aims to simultaneously terminate bi-lingual education in elementary and secondary schools, as well as multi-lingual election materials In his opinion, transactions related to obtaining American citizenship also have to be conducted in English. The proposal already has 15 0 supporters, and should be debated and voted still this year. In addition to pro aiming English as the official language, the bill also states that English is the preferred form of contact for USA citizens which the government will also support, Employee contact with citizens will also occur in English. It is the compulsory task of citizens to learn to write, read and speak English to the best of their physical and intellectual abilities-Institutions dealing with naturalization will demand that applicants for citizenship have a standard knowledge of English.

III.

To ARTICLE 1

Justification for the Law on the State Language emanates from the Constitution of the Slovak Republic (Article 6, Paragraph 1, and Article 12).

The rights of citizens belonging to national minorities to use their native language is primarily regulated by the Constitution of the Slovak Republic (Article 34).

As regards religious services, the use of other languages, in addition to the state language, are regulated by the given church and religious bodies in the spirit of the Constitution of the Slovak Republic (Article 24).

To ARTICLE 2

In accordance with the spirit of the Constitution of the Slovak Republic as well as international agreements (primarily Article 14, Paragraphs 3 and 20 of the Framework Convention which the Committee of Ministers of the Council of Europe adopted) the proposed law should guarantee the legal. status of the Slovak Language as the state language on the territory of the Slovak Republic; it must defend this legal status, it must define the responsibility that employees of state organs bear for knowledge and use of the Slovak language-, and it must cultivate respect for the Slovak language by citizens of the Slovak Republic, as does every civilized state in Europe. This law must guarantee that citizens of the Slovak Republic can enjoy their rights, that is, it must enable oral and written mastery of the state language.

The right to decide changes to the codified version of the state language belongs to the Ministry of Culture, which relies on the suggestions of Slovaks linguists working in the Ludovit Stúr Linguistic institute of the Slovak Academy of Sciences, the Linguistic Department of Maniac Slovenská and in the Slovak-language departments of colleges.

To ARTICLE 3

The suggested provisions are commonplace in all developed countries, both as regards the letter of the law and in Practice. The primary role among the roles the state language fulfils, is the one of official language. Therefore, it is natural that state employees on the entire territory of the Slovak Republic are required to thoroughly know and use the state language, not just in conducting all official administration and meetings, but in mutual official contact as well. When proving knowledge of the state language, the minimum requirement demanded Will, be written and oral knowledge of Slovak at the high school level and presentation of the necessary diplomas.

The employees of sate public administration agencies are not obliged to know the minority's language at their place of activity.

TO PARAGRAPH 3: Official notations, birth registers and municipal chronicles are sources of serious information; they have to be accessible and comprehensible-Marriage before state or church bodies has similar Validity, therefore transactions have to be uniformly conducted in. the state language.

TO PARAGRAPH 4: The compulsory use of the state language in all informational systems naturally pertains to the. software of electronic informational system.

TO PARAGRAPH 6: Alteration of a foreign-language surname into Slovak is made possible by Article 7, Paragraph I of the Slovak National Council Law No. 300/199 3 on First Names and Surnames: "Name change is not dependent upon permission, according to Article 6, if the change in question is from a foreign language one to Slovak". The 50 Sk duty is reality merely symbolic However, in order for it to be eliminated, Slovak National Council Law No. 145/1995 on Duty Tariffs would hive to be amended.

TO PARAGRAPH 7: Slovak National Council Law No. 40/199 3 on Citizenship in the Slovak Republic states, -who knows the Slovak language-", which is in harmony with Article 2, Paragraph 1 of the Law on the State Language.

To ARTICLE 4

A, consequence of the neglect in nurturing the State language is that in the regions of Southern Slovakia having a Mixed population persons teaching the young generation of the Hungarian minority find mastery of the state language to a sufficient degree to be unnecessary, in fact it occurs that ethnic Hungarian, and even ethnic Slovak teachers are not familiar with the state language to the necessary degree.

A large volume of textbooks and instructional tools from Hungary containing Irredentism material appears in the schools of Southern. Slovakia, These materials seek to evoke feelings of nostalgia toward that former Hungary (Uhorsko) which is presented as a Hungarian state. Here, Slovakia is understood as part of "such" a Hungarian state; it is not mentioned by its own name (it is referred to as the Highlands); they fail to respect even the Slovak names of Slovakian Communities and dales; and the students axe not taught to respect the Slovak homeland in which they live. This spirit of disloyalty toward Slovak statehood-also dominates the Hungarian language press published in Slovakia, which is financed from the state budget of the Slovak Republic.

The Slovak Republic, within the opportunities granted by voluntary choice, offers bilingual education in multi-lingual inhabited regions, which would allow members of national minorities to master the state language to a sufficient degree, thus contributing to a deepening of mutual understanding.

The use of audio-visual instructional materials in the educational process has a significant impact on the language skills of students and other participants of the above-mentioned process It is therefore imperative to ensue the high professional and linguistic quality of instructional materials issued in the state language. In certain defined areas of instruction (language courses, etc.) other languages can also be used.

The state guarantees satisfactory opportunities for persons belonging to national minorities to study in their own language or to study the given minority language without consequence to the extent and quality of instruction of the state language. (Constitution of the Slovak Republic, Article 34, Paragraph 2, Point (a). Article 14 of the Framework Convention of the Council of Europe, adopted by the Committee of Ministers on November 10, 1994).

The Ministry of Education of the Slovak Republic regulates foreign-language education and use of other-language instructional tools by ordinances.

To ARTICLE 5

Professionals active in the mass media who use the language have effect on improving the linguistic culture of the public. It is clear from Paragraph 1 that the granting of broadcasting licenses to private television and radio stations is Contingent upon their contractual pledge to use the state language.

The absence of a consistent law on language leads to the suppression of the state language in public announcement; official contacts and local media. outlets primarily in the regions of Southern Slovakia having a linguistically mind population. Publishers of periodic and non-periodic press void mentioning localities by their official (Slovak) names. It is unavoidable that in this environment as well, where Slovaks live everywhere, discriminatory practices against Slovaks be terminated.

Similar to other countries, the Slovak Republic is threatened by corruption of the state language in mass media; by haphazardly used terminology contradicting the spirit of literary Slovak, primarily Americanisms. However, with a little Language ability, these terms could be easily translated. But we are not just talking about translations. It is worse when they substitute foreign words for good, old native ones. For example, today one doesn't sell pukance, but popcorn; one doesn't go to a krcma, but to a pub where they have drinks and not out of convenience and linguistic Irresponsibility; or the snobbism of numerous editors that expropriation of bohemians terms. The state carnet be fix when faced with such linguistic ignorance.

From the point of view of development and international Cultural co-operation, the present condition of the state language demand exceptions.

To ARTICLES 6 and 7

The unified language of command in the army and other armed services is indispensable. Unfortunately, lack of historical statehood is evident here as well. Similar to other areas (quite pronounced in legislation), the Army's service regulations were merely re-written from Czech to Slovak. Even Ludovit Stúr, in the above-mentioned years of 1848-49, thought it necessary to formulate a Slovak command language. The primary task of the Terminology. Committee, working alongside the Ministry of Defense of the Slovak Republic, will be codification in this area.

Use of the state language is also indispensable in the case of the Slovak Information Service, the fire departments and the railroad police, etc. Only in this manner is unified state-wide communication guaranteed.

Use of the state language has already been demanded of those participating in the court and public administrative proceedings. For those persons who did not know the state language, an interpreter was guaranteed. The suggested measure reinforces the legal situation in effect.

To ARTICLE 8

The sudden economic and social changes occurred in our society; the growth in various international relations affect changes to the language as well. A need has emerged to attend to the regulation of interdependent systems of terminology, which would defend not only Slovak culture, but the Slovak language as well.

Everything, including imported goods and products (food commodities, health care products or goods and articles of any other description), must hue their Identifying information, accompanying literature and users instructions written in the state language. Article 11, of the Consumer Protection Law (No. 634) has to be amended in this spirit ("written information has to be in either the Czech or Slovak language").

Use of the state language in health care on the entire territory of the Slovak Republic is also indispensable. When changing activities, a doctor or nurse who only knows the state language cannot be subjected to the influence of a work environment where other languages are in use. The partial use of Latin terminology is similar to the use of English terms in electronics.

To ARTICLE 9

Before gaining sovereignty, Matica Slovenská, then under different political conditions the Ludovit Stúr Linguistic institute of the Slovak Academy of Sciences determined linguistic norms and the codified version of literary Slovak.

With the declaration of the sovereignty of the Slovak Republic, conditions have fundamentally changed. The state must assume certain obligations in the Field of the state language. It does this with the mediation of the Ministry of Culture of the Slovak Republic, which naturally relies on co-operation with all domestic and foreign Slovakist linguistic workplaces. The Ministry of Culture will create an appropriate representative body, for example a linguistic directorship (in France, there is a Higher Linguistic Committee whose members are nominated by the minister). It will make use of the new structure within county cultural leadership in the Regional Cultural Centres, so that cultivation of the language will, also reach the lowest levels of local self-governments and education, etc.

To ARTICLE 10

Practice has shown that the lack of sanctions has degraded the current language law to a mere piece of paper. Since the law on the State Language affects such a sensitive and complicated area when assessing fines the Law differentiates between. legal and natural persons, and in connection to the objects as well. The proposal that money incurred from the fines become income for the gate cultural fund called Pro Slovakia is a logical result of the cultural and supervisory activity of the Ministry of Culture.

To ARTICLE 11

This Article obligates the leading employees of agencies and institutions to bear personal responsibility - indirectly nurturing the sate language-and their subordinates to improve their linguistic culture. They have to increase their attention to all information (signs, announcements and other texts) and these have to be harmonised with the codified version of the state language. They receive enough time to effect the required changes-one year.

To ARTICLE 12

By adopting this law, the validity of SNC Law 428/1990 on the official language is null and void.

To SECTION II

Regulation is also necessary because the law guarantees the priority of the state language over other languages used on the territory of the Slovak Republic.

To SECTION III.

The proposed date is realistic and public opinion will probably be understanding as regards postponement of the sanctions' entry into force by a year, so that this time maybe used for linguistic information and instruction.

EXCERPTS FROM SPEECHES DELIVERED ON THE NOVEMBER 15, 199 5 SESSION OF THE SLOVAK NATIONAL COUNCIL DEBATING THE DRAFT-LAW ON THE STATE LANGUAGE OF THE SLOVAK REPUBLIC.

HÚSKA, A, M, vice-Speaker of the Parliament (Movement for Democratic Slovakia, major party of the ruling coalition)

LANGOS,J., Member of parliament (independent)

LAZAROVA, Y, Member of Parliament (Movement for Democratic Slovakia, major party of the ruling coalition)

MORIC, V., Member of Parliament (Slovak National Party, member of the ruling coalition)

SIMKO, L, Member of parliament (Christian democratic Movement in opposition)

GARAJOVA, Eva, Member of Parliament (Movement for Democratic Slovakia, major party of the ruling coalition)

"The special situation of Southern Slovakia. led the present government, the National Council to the preparation of a draft-law, which would halt the lingual discrimination and national assimilation of Slovaks. We would like to create such a, situation in which we are able to provide protection for the members of the Slovak nation against the pressure of the foreign Language. This draft-law threatens nobody, is directed against hobo by. On the contrary this law provides an opportunity for the creation of lingual and social equality of every inhabitant of Slovakia "

COMPARATIVE OVERVIEW.
of the Slovak Language Law, the Slovak Constitution, the Hungarian
Slovak Basic Treaty and relevant international documents.

ANALYSIS OF THE LAW ON THE STATE LANGUAGE OF THE SLOVAK REPUBLIC.

PREAMBLE.

The law's Preamble states that not only is the Slovak language the expression of the Slovak Republic's sovereignty and the general tool of communication, but its role is to guarantee the citizen's freedom, equality in his dignity and rights as well, in reference to Article 12 of the Constitution. This Article gates: "No one can suffer injury due to these causes, nor be disadvantaged." Amongst the "causes" are language, national, ethnic or social origin. It is precisely because the law discriminates based on ethnicity that it is unconstitutional.

Part II of the Justification section, which was attached to the draft-law, asserts that "the Slovak language is the national language of the Slovaks, who comprise the only state-forming element of the Slovak Republic." If ethnic Slovaks are the "only state-forming element" of the country, then what are national minorities? This critical question is left unanswered.

This same justification new that the law respects the rights of persons belonging to national minorities, referring to the Saint-Germain Treaty, Articles 32-3 4 of the 1990 CSCE Copenhagen Document, and Article 14 of the Framework Convention. It does not however, refer to Article 15 of the Hungarian-Slovak Basic Treaty and the therein contained Recommendation No-120 1 which is, in effect a compulsory legal norm.

ARTICLE 1
Introductory Provisions

Paragraph 3 states that "the law does not regulate the use of liturgical languages", however Article 3, Paragraph 3, Point (c) states that the churches are to keep 9 public records in the state language. This provision crudely interferes in the practices of the Pravoslav and Jewish religions, which for hundreds of years have maintained records in their ancient languages.

According to Paragraph 4 "the law does not regulate the use of the languages of national minorities and ethnic groups The use of these languages is regulated by separate laws." But Article 12 of this law contradicts this provision since it nullifies the Language Law (No. 428/1990) currently in force, which regulates the use of minority languages in official business.

ARTICLE 2
The State Language and Its Defense

Paragraph 3 determines that "interference of any kind in the codified expression of the state language, contrary to its legal integrity, is prohibited." it was on similar grounds that the current ruling party rejected omission of the our suffix to female surnames when debating the Law on Birth Registry, as well as the placement of bi-lingual place signs-the realization of these two rights, guaranteed by law according to Council of Europe conditions, can be questioned in fight of the mentioned formulation.

ARTICLE 3
Use of the State Language in official Contact

According to Paragraph 1 "Proof of adequate proficiency in speaking and writing the state language is a condition to employment or engagement in other work-like situations." This is a totally superfluous provision since the school network provides state language proficiency everywhere, moreover, this is the expressed goal of education according to Article 2, Paragraph 1, Point (a) of this law. The provision is most likely to affect minorities: read in the context of Article 4/1 of the Framework Convention on non-discrimination, it is disturbing, not to mention that the in light of Article 4/2, the general course of action regarding minorities should rather be one of Positive discrimination. The term "proof' is so vague as not to satisfy minimum standards of legal security. (According to the information given on the October 6, 1995 closed meeting of the Committee on Education and Culture of the Slovak National Council, after the adoption of this law, employment in public administration will be contingent upon successfully passing a Slovak-language proficiency examination Thus, the exclusion of non-Slovak nationals from state Institutions will, be more likely (since the mechanisms for "proving" proficiency are not in place).

The term official business is extended to include public institutions such as health insurance, social security, as well as transportation and telecommunication. The term also encompasses all transactions, the language of meetings, communication and information systems, including public and one-on-one contacts.

The state language is also to be used by local self-governments in their meetings, and the ordinances they Issue, thereby contradicting Article 15, Point (g) of the Basic Treaty and Article 10 of the Framework Convention.

Paragraph 5 determines that submission of written documents to all public institutions, must be in the state language thereby contradicting Article 10, Article 2 of the Framework Convention.

The justification for Article 3 states that "the employees of state public administration agencies are not obliged to know the minority's language at their place of activity."

Use of the state language. is expanded to Include all geographic terms, including cadets maps where until now Hungarian field names were in use.

The law refers to Article 7, Paragraph 1 of Law No. 300 on First Names and Surnames whereby if a Person's first or last name is of Slovak origin and Is registered incorrectly then it has to be adjusted according to Slovak grammar.

ARTICLE 4
Use of the State Language in Education

The correlation between Paragraphs 1 and 5 are critical regarding Hungarian-language education. Both Paragraph s refer to the Law on Education (No. 29/1984) according to which "the language of education is Slovak. Ethnic Czech, Hungarian, German, Polish and Ukrainian (Ruthann.) citizens have the right to native-language education, to the necessary extent, in the interest of their national development." At the same time, Paragraph, 3 requires that all educational documentation occur in Slovak, thereby leading, amongst others, to the elimination of what were hitherto bi-lingual diplomas.

ARTICLE 5
Use of the State Language in Mass Media, Cultural Events and Assembly

The language of telecommunications is the state language and the so-called nationality programs are not listed among the exceptions. Reference is made to the radio and television law, to which minority interests is subordinated without establishing who determines whit is in their interest Point (a) of Paragraph 1 allows broadcasting of foreign-language television programs orgy if these are subtitled in the state language. This makes Practically impossible live broadcasting of minority programs, which is it special kind of-censure. Paragraph 3 requires announcers, editors and station operators to use the state language, but without referring back to the exceptions or minority-language program listed in Paragraph 1

Local or regional stations also have to broadcast their non-state language programmers in the state language.

According to Paragraph 5, Hungarian-language book and newspaper publishing can be eliminated since the wording stipulates that these endeavors have to occur in Slovak. According to this Paragraph 's second sentence "separate provision regulates press publications issued in other languages", but the cited Press Law (No. 81/1966) has no such provisions.

The program guides of non-Slovak events have to be first published in Slovak but these can, 'where necessary" contain translations from other languages.

ARTICLE 6
Use of the State Language in the Armed Forces, Armed Services and the Fire Department

According, to Paragraph 1 "the state language is used in official contacts". This Article also stresses that the aim or the law is, in fact not defense of the state language. If a soldier can only communicate in Slovak within the army, then he is obviously capable of speaking and understanding this same language at such a high and technical level. But if this is the case, then why - as stated in Article 3 Paragraph 1 - does he have to prove his knowledge of the language when entering the civil service? If this law would follow its own logic, then it would take into account the legal possibility for ethnic Hungarians of military age in Slovakia to renounce military service claiming bad command of the afore-mentioned language. Therefore, if within the confines of the army a very high linguistic standard is maintained, then why is the same not true for civil Service?

ARTICLE 7
Use of the State Language in Court and Public Administration Proceedings

According to Paragraph 1 all Contacts and documentation's occur solely in the state language.

According to Paragraph 2 "this does not affect the rights, determined in separate provisions, of persons belonging to national minorities and ethnic groups, or to foreigners who do not know the state Language" [emphasis added].

ARTICLE 8
Use of the State Language in the Economic Sector, Service Industries and Health Care

The law requires consumer information (for example, also in the case of medicine) to be conveyed in the state language only.

The law also specifies the use of the state language in the health sector. The language of official procedures is the state language, Health personnel's contact with patients is required to take place in the state language with the exception of citizens and foreigners who don't speak it The use of another language which both parties understand is approved in these special cases.

Therefore, the law does not codify based on the fact that the native language of a procedure's participant is other, but asserts that only those are entitled to this Tight who don't speak the state language. But since all citizens hive to learn. the Slovak language in school, one will not be able to enjoy this right upon taking effect of this law.

According to the law therefore, an ethnic Hungarian doctor might not A even for the sake of convenience or simply bemuse he thinks its better A speak in Hungarian with a. patient, in violation of Article 10, Article I of the Framework Convention.

According to Paragraph 5 "In its proceedings connected to agreements regulating contractual relationships, the public body acknowledges only the state language version of contracts." This is an especially unjustifiable restriction: Article 10, Paragraphs 1 and 2 of the Framework Convention are violated if "every document not in the state languages" becomes invalid or might not be validated.

ARTICLE 9
Supervision

Implementation of the law is supervised by the Ministry of Culture. According to the justification section, regional cultural centers will oversee the events of local and self-governmental. institutions.

ARTICLE 10
Fines

Legal entities will be fined 250,000 Sk if they use textbooks contrary to the law's provisions, if they don't print consumer information or don't formulate employment contracts in the stole language; if the statutes of an association or company, or the contracts are not written in Slovak-or if advertisements and notices, etc. do not appear in the state language.

Legal entities will be fined 500,000 Sk if they do not dub in the state language audiovisual programs intended for children under the age of 12. This Is especially discriminatory for foreign broadcasters transmitting programs intended for children.

Individuals holding business licenses will be fined 50,000 Sk for using illegal textbooks and Instructional tools. The same fines will apply to people who do not guarantee consumer information in the state language; as well as people who don't keep their books in Slovak.

It follows that fine primarily affects minorities (with the foreign investor as possible second candidate) in their attempt to realize their right to self-identity These are exactly the conditions that should be created according to Framework Convention Article 4, Paragraph 2; and no disadvantage may arise from the practice of these rights as stated in Article 3, Paragraph 1.

ARTICLE 11
Common Temporary Provisions

Leaders of public bodies, legal entities gad private persons are responsible for adhering to the law's provisions. The expenses accruing from implementation of this low will be carried by the corresponding authorities and legal entities.

ARTICLE 12
Cancellation Provisions

This readers law No. 428/1990 which regulated the use of minority languages in-official matters null and void.

ARTICLE 13

This law will become effective on January 1, 1996 with the exception of Article 10, which will become effective on January 1, 1997.

SUMMARY

Use of the state language is proscribed so narrowly by the law in numerous points that it does not allow for implementation of Article 10, Paragraphs 1-2 of the Framework Convention, and Article 15, Point (9) of the Basic Treaty.

CRITICAL REMARKS CONCERNING THE-LAW ON THE STATE LANGUAGE OF SLOVAKIA

I.PROBLEMATIC ARTICLES OF THE LAW

1.The Law on the State Language in the context of domestic legislation

Paragraph 4 of Article 1 states: "The law does not regulate the use of languages of national minorities and ethnic groups. The use of these Languages is regulated by separate laws."

Because of the fact that this Law contains very precise rules of exclusive character for the benefit of the Slovak language in certain social, administrative and public spheres, Paragraph 4 of Article 1 lacks precision and, its field of application is obscure. This is even more problematic as the reference to "separate laws" does not specify whether it me the preservation of certain laws in force or an eventual legislation a postern. By the way, "regulated" is not identical with "assured" it Is worth noting that the analogous article of the law on the protection of the French. language (loi Toubon) is much clearer and more correct.

(It is important to note that a, previous version of the bill (version of 12-17 October) was the following: "3. The laws in force, concerning the use of Languages of national minorities are not concerned by this law.")

Why does not the Slovak law want to deal with the concept of the protection of seized rights? Why does not the law follow the philosophy and the pertinent prescriptions of the French law?.

The law incorporates a lot of footmarks with references to different legal texts, Some months ago, in 199 5 the Slovak ministry for Foreign affairs published a booklet entitled "Situation of the Hungarian Minority in the Slovak Republic (Comparison with International Documents)" on page 15, this booklet enumerated the following laws:

1.Constitution of the Slovak Republic No. 490/1992

2.Governmental Decree on the Restoration of Czechoslovak Citizenship to Persons of German Nationality No. 252/1949

3.Ordinance of the Minister of Foreign Affairs on the International Convention on the Elimination of All Forms of Racial Discrimination No-95/1974

4.Ordinance of the Minister of Foreign Affairs on the International Covenant on Economic, Social and Cultural Rights No. 120/1976

5.Ordinance of the Federal Ministry of Interior issuing more detailed regulations on the Registry Law No-22/1077 (Error? probably 22/1977)

6.Law on Theatrical Activities No. 36/107 8 (Error? probably 36/1978)

7.Law on the System of Elementary and Secondary Schools No. 29/1984

8.Law on the Rules of Procedure of the Slovak National Council No. 44/1989

9.Law on the Association of Citizens No. 83/1990

10.Law on the Assembly Right No. 84/1990

11.Law on the Petition Right No. 85/1990

12.Defense Law No. 309/1990

13.Law on the Municipal System No. 369/1990

14.Law on the Official Language in the Slovak Republic No. 428/1990

15.Employment Law No. 1/1991

16.Constitutional Statute Introducing the Charter of Human Rights and Freedoms No. 23/1991.

17.Law on Extra-judicial Rehabilitation No. 87/1991

18.Ordinance of the Ministry of Education, Youth and Sports of the Slovak Republic on School inspection No, 293/1991

19.Law on Courts and Judges No. 335/1991
Two numbers are missing!

22.Code of Civil Procedure No. 70/1992

23.Low on Penal Procedure Before the Court No. 158/1992

24.Announcement of the Federal Ministry of Foreign Affairs on the Convention for the-Protection of Human' Rights and Fundamental Freedoms No. 209/1992

26.Penal Law No. 39211992

27.Labour Code No. 451/1992

28.Law on the Organization of the Constitutional Court Proceedings before It and Status of Its Judges No. 38/1993

29.Announcement of the Federal Ministry of Foreign Affairs; on the Treaty between. the Slovak Republic and the Czech Republic on Good Neighborly Relation, Friendship and Cooperation No. 221/1993

30.Law on the Operation of Radio and TV Broadcasting No. 268/1993

31.Law on the Slovak Radio No. 270 1 1993

32.Law on the Slovak Television No. 271/1993

33.Law on the Names and Surnames No. 300/1993

34.Law on the Registries No. 491/1993

35.Law of the National Council of-the Slovak Republic on the Names of Municipalities in the Languages of National Minorities.

It is at least strange that this list issued with the purpose of reconciliation was riot joined to the Law and, the different footnotes cite only a part of the above listed legal text-Footnote No. 4 contains only an exemplificative enumeration.

It should be emphasized that even the Law No. 428/1990 on the official language (see the list!) will be abolished according to Article 12 of the new law. This law granted however up till now the free use of minority languages also towards the administrative authorities in communities where the rate of minority exceeds 20%. With the abrogation of this law it is very difficult to imagine how the principle "the law does not regulate the use of languages of national minorities and ethnic groups" be applied.

All this proves that despite of Paragraph 4 of Article 1, the implementation of the law will objectively produce not only vertical effects (the use of Slovak in the different. spheres), but also horizontal and collateral effects (impossibility to use minority languages In the great majority of social spheres). The Bill sent to the Parliament prohibited even the parallel use of minority languages and in this way, it ran against new European legal tendencies.

In the parliamentary debate and in the final vote, a new paragraph was inserted in Article 1. The new Paragraph 2 of Article 1 states. "The state language enjoys precedence over other languages used on the territory of the Slovak Republic. This formulation is hardly satisfactory bemuse it is unclear:

-it can be interpreted also as the justification of the exclusive character of the state-language,

-it remains obscure whether the parallel use of a minority language is admitted or not;

-several dispositions of the law are however formulated with exclusive character (e.g. Paragraph 3, Point (b) of Article 3 requires Slovak as the only Language in deliberations of public bodies, Paragraph 5 of Article 3: "Citizens prepare all written submissions to public bodies in the state language"; Paragraph 3 of Article 4: "All educational documentation is conducted in the state language."; Paragraph 5 of Article 8: contracts are valid before the judiciary only if they are written in Slovak) and that's why the impression is that the above mentioned "precedence" is not at all a "primus inter pares" situation or a special position in the philosophy of the loi Toubon, but something else. it is to note that the words used for "precedence" in new Paragraph 2 of Article 1 are similar to Article 11, of the Constitution regulating the relationship between law and international treaties. That is to say that the meaning of "precedence" is probably "primacy".

All this proves, that Paragraphs 2 and 4 of Article 1 does not grant adequate protection for minority languages.

The adoption of the law runs against the philosophy of the European Charter of Regional or Minority Languages, the convention of the Council of Europe. Despite of repeated propositions of the minorities, the-Charter was not yet signed by Slovakia.

It is obvious that even if a "law on the minority languages" were adopted in the future, the present law on the state-language leaves a very straight field of application for that law.

2.Conflict with the Framework Convention for the Protection of National Minorities.

The implementation of this convention of the Council of Europe (signed and ratified by Slovakia) whose entry into force is scheduled in one or two years, time could be threatened if the law could produce its effects.

Even if the Framework Convention is not yet in force, it cannot be said that it does not imply any legal obligation:

The following articles of the Framework Convention enjoy a particular importance vis-a-vis the Slovak law:

Article 3 (1) Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.

Article 4 (1) The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based an belonging to a national minority shall be prohibited.

(2)The Parties undertake to adopt where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority in this respect, they shall take due account of the specific of the persons belonging to national minorities.

(3)The measures adopted in accordance with Paragraph 2 shaft not be considered to be an act of discrimination.

Article 5 (1) The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language. traditions; and cultural heritage.

Article 6 (1) The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identify, in particular in the fields of education, culture and the media.

Article 9 (1) The Parties undertake to recognise that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authorities and regardless of frontiers The Parries shall ensure, within the framework of their legal systems, that persons belonging to a national minority are, hot discriminated, against in their access to the media.

(2)Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.

(3)The Parties shall not hinder the creation and the use of printed media. by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provisions of paragraph 1, that persons belonging to national minorities are granted the possibility of creating and using their own media.

(4)In the framework of their legal systems, the Parties shall adapt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

Article 10 (1)The Parties Undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.

(2)In areas Inhabited by persons belonging to national minorities traditionally or in substantial numbers those persons so request and where such a request corresponds to a real need, the Pates shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relations between those persons and the administrative authorities.

(3)The Parties undertake to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, of the reasons for his or her arrest and of the. nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary with the free assistance of art interpreter.

Article 11 (1)The Parties undertake to recognise that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the eight to official recognition of them, according to modalities provided for in their legal system.

(2)The Pates undertake to recognise that every person belonging to a national minority has the right to display in his or her minority language signs. Inscriptions and other information of a private nature visible the public.

(3)In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the Parties shall endeavor, in the framework of their legal system, including, where appropriate, agreements; with other States, and taking into account their specific condense to display traditional local names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

Article 12 (1)The Parties shall, where appropriate, take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority.

(2)In this context the Parties shall inter alia provide adequate opportunities for teachers training and access to textbook and facilitate contacts among students and teachers of different communities.

(3)The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.

Article 13 (1)Within the framework of their education systems, the Parties shall recognise that persons belonging to a national minority have the eight to set up and to manage their own private educational and training establishments.

(2)The exercise of this right shall not entail any financial obligation for the Parties.

Article 14 (1)The Parties undertake to recognise that every person belonging to a national minority has the right to learn his or her minority language.

(2)In areas Inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavor to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.

(3)Paragraph 2 of this article shall he implemented Without prejudice to the learning of the official language or the teaching in this language.

Article 17 (1)The Peas undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other States, in particular those whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

In face the "raison d'être" of the law is here explained by the aggressive emergence of the-Hungarian language in the 18th century' and the whole history of the 19th century is shown through the preconception that Hungarian laws had but one aim: to destroy the Slovak language and culture. (The presentation of alleged "facts" contains however several errors. E.g.: the text of the Law No. XLIV/1868 stipulated that "Citizens, by virtue of constitutional principles and irrespective of national belonging, form one single nation, the one and indivisible Hungarian nation. Citizens enjoy identical rights." The law enumerated the different nationalities Magyar (I), German, Slovak etc. Do not forget that the law granted not only the use of minority languages towards the administrative authorities, but these were obliged to reply in the language of the application... The law No. XXVII/1907 (lex Appony) really aimed at the accentuation of the teaching of Hungarian but by means which seem quite liberal today and especially vis-a-vis the new Slovak law. The lex Apponyi ordered to teach in Hungarian in schools where the rate of Magyar pupils exceeded 50% and to teach the Hungarian language as well If the rate of Magyar pupils exceeded 20%…)

Evidently it is very difficult to make justice between two presentations of the same law, if someone does not read the original text. By no means has this short note the ambition to give an introduction to Hungarian legal history but it should be emphasized that even the starting point of the Slovak is unacceptable. Le revenge for the alleged "Magyarisation" of the 19th century. This attitude also confronts with Article 2 of the Framework Convention:

Allegations - without any proof-to irredentism publications, the disloyal character of the Hungarian media in Slovak (cf. the explication of Article 4) hurt the above mentioned article of the Framework Convention By the way; why should a law on state-language be the proper counter-measure against the alleged tendencies.

The explication of Article 5 is focused on the necessity to put in end to the anti-Slovak discriminatory practices in South-Slovakia. It is worth remembering the pertinent articles of the Framework Convention:

Article 4 (2) The Parties undertake to adopt where necessary, adequate measures in order to promote, in all areas of economic, social, political and cuticle life full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.

(3)The measures adopted in accordance with Paragraph 2 shall not be considered to be an act of discrimination.

The explanatory memorandum contains a reference to an alleged compatibility of the Slovak law with French Lithuanian, Belgian and Dutch legislation. In fact, these countries adopted legal and constitutional rules which are very different from the Slovak one.

The law on the protection of the French language (loi Toubon) stipulates: "art 21. Les dispositions de la présente loi s'appliquent sans préjudice de la législation et de la regimentation relatives aux langues régionales de France et ne s'opposent pas à leur usage." (It is known that the Ioi of Toubon was conceived against the Americanisms!)

Belgium: Article 4 of the Constitution refers to four linguistic zones (French, Flemish, bilingual Brussels and German zone) and article 30 states that the use of languages is optional: the use can be regulated only through law and only vis-a-vis administrative acts or in the judiciary.

The Netherlands: in the Friseland, the Friesian is compulsorily taught in primary schools and it is part of the curriculum in grammar schools. The communication between administrative organs can also use the Friesian, as a parallel language.

It is Strange to see that the redactors of the bill are not familiar with these details of the laws they cite. It would also be interesting to see why the solutions of Germany (for the Serbia). Norway (for the Sami), Finland (for the Sami and the Swedish), Spain (co-official languages with the Castigliano in Basque, Valence, Galilee), and Italy (German in Alto Adage French in Vale d'Aosta, Slovenian in Friouli Alps) were neglected?

APPENDIX

Ethnic structure of the population on the present territory of Slovakia (1880-1991)

Sources: 1880, 1910; Hungarian census data (mother/native/tongue), 1921, 1930, 1947, 1950, 1961, 1970, 1980, 1991: Czechoslovakian census data (ethnicity), 1991* Czechoslovakian census data (mother/native/tongue), 1941: combined Hungarian and Slovakian census data. The data between 1880 and 1941 for the present territory of Slovakia were calculated by K, Kocsls.

Distribution of mixed municipalities, by proportion
of Hungarian speakers, 1991 data.