RIGHTS: Hungarian Status Law Comes Under Fire

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Ed Holt

BRATISLAVA, Jan 16 2002 (IPS) - Prime Minister of the Slovak Republic, Mikulas Dzurinda, has accused the European Commission, EC, of taking Slovakia’s side over a contentious new law guaranteeing rights for the country’s 500,000 strong ethnic Hungarian minority.

Dzurinda, responding to criticism from his own president and opposition parties over his government’s handling of the implementation of the Hungarian Status Law, said recent statements by an EC spokesperson have reinforced his argument that Budapest is ignoring Slovak concerns over the legislation.

“Hungary has only inclined towards reaching an agreement on the law since the Venice Commission made clear its stance, which confirmed the legitimate objections of Slovakia,” he said. “Our objections were raised in an April 23 meeting with (Hungarian Prime Minister Victor) Orban.”

The prime minister’s statements came after the European Commission gave its clearest stance yet on an issue which has prompted massive social and political debate in Slovakia.

The Hungarian Status Law, which gives ethnic Hungarians living in Hungary ‘s neighbouring countries certain rights, including benefit payments from Budapest for those sending their children to Hungarian schools and the right to seek work in Hungary, has divided the coalition cabinet.

It has also prompted the EC to make a statement calling for Budapest to withhold implementation of the law until it reaches agreement with Slovakia.

“We have always said and say now: We expect and request that the law is implemented through coordination with Hungary’s neighbours. We welcome the agreement between Romania and Budapest, but we expect and hope that an agreement will also be reached between Hungary and Slovakia. Such an agreement is required,” said EC spokesperson Jean-Christophe Filori.

Since January 1, when the Hungarian Status Law came into effect in five of Hungary’s neighbouring countries, many Slovak politicians have protested vigorously that the new law is discriminatory.

While the ethnic Hungarian SMK party has defended the legislation and demanded an agreement between Slovakia and Hungary be reached by the end of this month, many other MPs have labelled the law discriminatory.

Dzurinda and a number of other ministers, including Foreign Minister Eduard Kukan, have said they cannot agree with the legislation.

Other MPs, including those from the opposition parties the Movement for a Democratic Slovakia (HZDS) and Slovak Nationalist Party (SNS), as well as the coalition SDL, have attacked the law as challenging Slovak sovereignty.

“It is inadmissible that a law imposed by another state should be enforced in our country,” said Lubomir Fogas, Deputy Prime Minister for Legislation.

“This legislation is contrary to the sovereignty of Slovakia, friendly relations and respect for basic human rights and freedoms, because it discriminates against part of the population on an ethnic basis,” said Peter Sulovsky, deputy chairperson of the right-wing SNS.

The EC has admitted that some parts of the law conflict with fundamental EU agreements on protection of minorities. The Venice Commission, a Council of Europe body, last year said it agreed with Hungary that it can support its minorities abroad, but said the law contradicts the principle of non-discrimination embedded in the EU Agreement.

However, Budapest claims that the language of the commission’s report can be interpreted as support for the law.

Both Hungary and Slovakia are in accession negotiations with the EU, hoping to be admitted in 2004.

The law, passed in Budapest last summer, provoked fierce debate in only one other country apart from Slovakia. Romania negotiated certain points of the legislation which it was unhappy with before the end of last year.

The agreement, reached after lengthy discussions between Hungarian Prime Minister Victor Orban and his Romanian counterpart, Adrian Nastase, was praised by both states’ governments as a diplomatic success.

But Dzurinda’s administration claims it has yet to receive full information in the implementation of the law in its state and has accused Budapest of avoiding discussions on the legislation.

A proposal by Dzurinda to withdraw the law’s application in Slovakia, as Austria negotiated, has been rejected.

Negotiating teams have said they will continue discussions on the law’s implementation. However, the SMK, some of whose MPs have applied for status cards guaranteeing them rights under the law, claims that the issue is becoming politicised, especially by far right politicians.

The SNS, on January 11, submitted a bill to parliament rejecting the application of the law and banning the application and distribution of Hungarian status cards in Slovakia.

“This law has no place in a civilised Europe and belongs to the Middle Ages,” SNS leader Anna Malikova said when the party’s bill was submitted.

Leader of the Real Slovak Nationalist Party (PSNS), Jan Slota, said the law “made every good Slovak reach for his knife”.

SMK leaders say such actions and statements are fomenting dangerous anti-Hungarian feeling.

“I’m not a defender of this law, but what matters to me is that on the basis of an artificial theme, they are fomenting Slovak society, completely needlessly delivering a very dangerous dialogue and artificially creating an anti-Hungarian feeling,” said Pal Csaky, SMK member and Deputy Prime Minister for Minorities and Human Rights.

But despite the political debate over the law Budapest has begun to hand out the status cards. Many of the estimated 500,000 ethnic Hungarians in Slovakia have already expressed an interest in obtaining the status cards entitling them to the privileges.

The first ethnic Hungarian to receive a status card was Slovak construction engineer Robert Takacs. He was presented with the card on January 10 in Budapest by Hungarian president Ferenc Madl.

The Hungarian embassy in Bratislava, which is responsible for issuing the cards, had reported significant interest in the status card even before the end of last year and the first information office on the status card opened in Dunajska Streda on January 9. A further 10 are expected to be set up across the country.