His Excellency

Mr. Max van der Stoel

OSCE High Commissioner

on National Minorities

T h e H a g u e

Budapest, 16 May 1996

Dear Mr. High Commissioner,

May I first of an thank you for your letter of 26 February. Allow me to respond to the comments and recommendations formulated therein as follows.

Relating to the Slovak minority self-governments in Hungary, you mentioned the necessity of further increasing the subsidy extended directly to these bodies as well as expanding their competencies. In this context, I would like to kindly draw your attention to some relevant aspects of the issue.

The present Hungarian model of minority self-governments has been a unique initiative, unprecedented in Europe. From its pioneer character naturally follows the constant need for further improvement. As a result of continuous evaluation of the experiences provided by its functioning, necessary corrections have been and will be carried out. Let me remind you of the recent redoubling of the additional subsidy allocated to the self-governing bodies. Again, I would like to point out the fact, mentioned in our earlier correspondence, that this amount is not the sole financial source available for their proper functioning. The self-governments are provided with a number of allotments, from furnished offices and the essential infrastructure by the municipalities up to the headquarters for minority self-governments on national level, etc. I also would like to underline the fact that in the board of trustees of the Hungarian Public Foundation for National and Ethnic Minorities, which is in charge of administering the funds destined for financing minority self-governing activities, representatives of the minorities form the majority, thus being in a decision-making position about the projects to be subsidised.

As to the question of interaction between state administration, municipal authorities and minority self-governing bodies, the principle of shared responsibility laid down in the Minority Act makes it possible that, if agreed upon, minority self-governments may take over certain competencies from the municipalities on settlement level even beyond their basic functions guaranteed by the Act. By this means the legal system secures flexibility for the minority self-governments in receiving competencies according to their needs and capacities. We have not come to know of any case so far that such a request on the part of a minority self-governing body had been turned down by the local municipality.

The amounts allocated directly to the minority self-governments therefore correlate with the concrete state or self-ruling competencies they assume. Any further increase in their financial support and an expansion of their control over state budget sources would only be feasible If they received new tasks simultaneously. Otherwise, an impossible situation would arise, in which state and local municipal authorities, by losing a certain percentage of allotments to the minority self-governing bodies, would have less financial means necessary to fulfil their own obligations. The adequate composition of the board of trustees of the Foundation Is a guarantee for the control exercised by minorities over the distribution of subsidies.

National and ethnic minorities in Hungary enjoy a fairly wide range of possibilities for participation in public life, parliamentary representation being one of them. Beside the minority self-government, the Office of Parliamentary Commissioner for the Rights of National and Ethnic Minorities, similarly unique in its kind, has been set up. Representatives of the ethnic minorities take part in the Minority Interest Mediation Council. Furthermore, there are members of Parliament belonging to national minorities. These minorities can make full use of their right to enter for parliamentary elections on the list of any party, or, similarly to the Hungarian minority in Slovakia, by forming their own party as well. Nevertheless, the Hungarian Government, though unaware of any European norm stating such an obligation, has not ceased to aim at establishing guaranteed parliamentary mandates for ethnic minorities through the necessary amendments of the Constitution.

The Government seeks to improve the qualify of instruction in the mother tongue of national minorities. For this end in view, legal guarantees have been adopted and financial measures taken by the Government, in accordance with the principle of positive discrimination. I would like to point out that, to my best knowledge, no request ever made by a minority self-government for the introduction of instruction in the mother tongue has been rejected by the Government or a local municipal authority. The Government is ready to spend increasing amounts on improving the minority educational system. However, it remains essential that the knowledge of the Slovak language should be looked upon as beneficial by those belonging to this minority. This would certainly urge parents to send their children to monolingual Slovak schools. For, in spite of the goodwill of the Hungarian Government, the mere possibility of

positive change will remain unused unless its efforts are combined with initiatives by the minorities themselves, as well as support from and attention by their respective motherlands. In this context, we would full-heartedly welcome your encouraging intervention.

Allow me to thank you again for the thoughts and ideas you kindly shared with me. Would you, please, convey my thanks also to the Team of Experts. I am looking forward to welcoming all of you in Budapest very soon.

Yours sincerely,

(Laszlo Kovacs)