Comm. 308/93.rec

CSCE (logo)

High Commissioner

on National Minorities

His Excellency

Mr. Jozef MORAVCIK

Minister for Foreign Affairs

of the Republic of Slovakia

BRATISLAVA

Republic of Slovakia

The Hague

8 November l993

Reference: No l320/93/L

Dear Mr. Minister,

May I first of all thank you once again for your hospitality during my visit to Slovakia on 21 and 22 October. The conversations I had with you and subsequently with President Kovac and Prime Minister Meciar helped me to clarify a number of points which the HCNM Team of Experts which visited Hungary and Slovakia ion September raised in its confidential report tome.

As far as the question of the planned new administrative division of Slovakia is concerned, I have noted the assurance which Prime Minister Meciar gave me that, whatever option is finally chosen, the rights of the Hungarian minority will not be curtailed. I also welcome his decision to consult experts of the Council of Europe on the administrative reform before a final decision is taken. If there are new developments concerning the subject of administrative reform, I would greatly appreciate further information on this subject.

Another important point is the position of Hungarian as a language of instruction. As you know, CSCE participating states have committed themselves "to endeavour to ensure that persons belonging to national minorities, notwithstanding the need to learn the official language or languages of the state concerned, have adequate opportunities for instruction of their mother tongue and in their mother tongue" (paragraph 34 of the document of the l990 Copenhagen Meeting of the Conference on the Human Dimension). In this connection, I would have the following intention. In accordance with the Terms of Reference agreed upon in the CSO Vienna Group on 27 May l993, the Team of experts will visit Slovakia and Hungary again early next year. It is my intention to ask the Team to pay special attention to the projects of educational reform currently under discussion in Slovakia. In this connection, I welcome the invitation of Prime Minister Meciar for the Team to visit the university of Nitra in order to study the system of the training of Hungarian teachers. I consider this a useful follow-up to the visit the Team paid to Nitra during its first visit.

It is also my understanding that your Government will take legislative measures in the near future on the basis of which the bilingual naming of towns and villages in minority areas can take place.

Pending new developments concerning the subjects I mentioned above, I have at present only one recommendation to offer to your Government. This recommendation is based on paragraph 33 of the l990 Copenhagen Document concerning the protection of the ethnic, cultural, linguistic and religious identity of national minorities and the conditions for the promotion of that identity. Paragraph 33 says on this subject: "They /the participating states) will take the necessary measures to that effect after due consultation, including contacts with organizations or associations of such minorities, in accordance with the decision-making procedures of each State". It is evident that the creation and development of instruments of dialogue is especially relevant in this connection. Therefore, I was greatly interested in the information provided to me concerning the Round Table consisting of representatives of all the minorities with its commissions of experts, providing the \President with relevant information about minority problems and the views of various minorities on these issues.

In Considering the future development of the Governmental Council on Minorities presided over by yourself, it seems to me especially important that draft legislation relevant for one or more minorities will be discussed in full prior to its introduction in Parliament. Such a procedure would on the one hand offer representatives of minorities a timely opportunity to express their views and concerns to the Government before it makes its final decision on the subject, but would on the other hand help to prevent all sorts of potentially tension-provoking rumours and speculations. Such rumours and speculation tend to be stimulated if the intentions of the Government are veiled in secrecy until the moment of the introduction of legislation in Parliament.

In addition it would in my view help to promote harmonious inter-ethnic relations if the dialogue would not restrict itself to discussions on future legislation, but would also be used to help solve problems of a non-legislative character. Perhaps I may quote the example of the Council for Ethnic minorities in Romania, which, inter alia, has the competence "to maintain permanent links and to cooperate with the local public administration authorities for the identification of specific problems of territorial administrative units, and to monitor the solving thereof" and "to receive and examen the applications and complaints addressed by institutions and organizations of persons in its fields of activities". In Addition the Council, in order to cope with all its activities, does a lot of its work in various commissions. I would recommend that your Government consider a similar structure and similar competences in order to promote and intensify dialogue between the Government and the various minorities. Of course this would also require that the Council be supported by a staff adequate both in size and resources.

I would be most grateful if you would let me know the views of your government concerning this recommendation.

Yours sincerely,

[WAS SIGNED]

(Max van der Stoel