OSCE REF. HC/11/95
His Excellency
Mr Juraj Schenk
Minister for Foreign Affairs
of the Slovak Republic
Stromová 1
833 36 BRATISLAVA
Slovak Republic
The Hague, 13 November 1995
Dear Mr Minister,
Thank you for your letter of 20 October regarding the recommendations I sent to you on 24 August. As you mentioned in your reply, my comments and recommendations regarding the law on the State Language of the Slovak Republic related to a preliminary draft. Since then a revised draft has been submitted to Parliament. I have noted that in this draft some of my recommendations have been taken into account.
Perhaps you will allow me to make a few remarks on the bill now presented to Parliament, which you might wish to pass on to the Ministry of Culture as the initiator of the bill. I hope they can be considered before the second reading of the bill.
1. My first comment relates to the political commitments and legal obligations of the Slovak Republic in the field of human rights, including the rights of persons belonging to national minorities. You have stressed in your letter - and I welcome this - that "all international commitments, both legal and political, which the Slovak Republic has, are an obvious component part of all considerations and measures on the part of the State in minority relations." In my view, it would, in the light of this statement, be logical to include a reference to this policy line in the text of the bill, even more so because the existing law on the official language contains (Article 1, paragraph 2) a reference to "international obligations in the field of human rights." However, there is no such reference in the text as presented to Parliament. I hope therefore that the Government will, during the parliamentary discussion of the bill, propose to add a new paragraph 4 to Article 1 which would read as follows : "The law is to be applied in conformity with the international obligations and commitments of the Slovak Republic in the field of human rights."
2. Inevitably the question arises whether the new law on the State Language of the Slovak Repu>
3. Article 12 of the bill states that law 428/1990 on the official language of the Slovak Republic is null and void. This has i.a. as a consequence that section 6, paragraph 2, of that law ("if persons belonging to a national minority constitute at least 20% of the population of a town or village, they have the right to use their language in such towns and villages in official communications") is no longer valid. On the other hand, Article 34.2 sub b of the Constitution of the Slovak Republic refers to "the right to use a minority language in official communications." However, this right is granted "under provisions fixed by law." If the bill is adopted, no such law would exist anymore. I would, therefore, recommend that the Government will propose during the parliamentary discussions of the bill to incorporate the text of Article 6, paragraph 2, in the new law.
4. The references to existing legislation which have been added to Article 4, paragraph 1, of the bill, do in my view make it clear that the right of persons belonging to national minorities to be taught in their mother tongue will remain unaffected. However, Article 4, paragraph 2, of the bill, requiring teachers in all schools of the Slovak Republic with the exception of foreign teachers to know and use the State Language orally and in writing, can create confusion. Perhaps the intention of this Article is to oblige teachers to have an adequate knowledge of the Slovak language. But the Article can also be interpreted as requiring teachers in the minority language schools to use the Slovak language during the lessons. A clearer formulation of this Article is in my view desirable.
I hope, Mr Minister, that these suggestions will be of some use to your Government. Let my assure you that I have also taken careful note of the comments on other subjects you touched in your letter. I have sent a copy of your letter to the experts who assisted me in order to make sure that they are fully aware of the views you have expressed.
Yours sincerely,
(signature)
Max van der Stoel
OSCE High Commissioner
on National Minorities