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3 June 1993
Doc. 6855
1403-28/5/93-2-E
REPORT
on the application by the Czech Republic
for membership of the Council of Europe
(Rapporteur: Mrs LENTZ-CORNETTE,
Luxembourg, Soc. Chr.)
Summary
On 1 January 1993, the Czech and Slovak Federal Republic, a member state of the Council of Europe since 21 February 1991, ceased to exist. On the same day, the Government of the Czech Republic, one of the states to emerge from the former federation, expressed the wish to join the Organisation.
The new Constitution, which came into force on 1 January 1993, ensures that the Czech Republic is a state governed by the rule of law and clearly recognises the principle that everyone within its jurisdiction must enjoy fundamental rights and freedoms.
The Czech Republic currently meets the basic requirements for membership of the Council of Europe. In its opinion, the Assembly therefore recommends that the Committee of Ministers invite the Czech Republic to become a member of the Organisation.
I. Draft opinion
1. On 1 January 1993, the Czech and Slovak Federal Republic (CSFR), a member state of the Council of Europe since 21 February 1991, ceased to exist. On that same day, the Government of the Czech Republic, one of the states to emerge from the former federation, indicated that it wished to join the Organisation.
2. The Assembly has received from the Committee of Ministers a request for an opinion on the Czech Republic's accession to the Council of Europe (Doc. 6737), in pursuance of Statutory Resolution (51) 30 A. adopted by the Committee of Ministers on 3 May 1951.
3. It notes that the constitutional act on dissolution of the CSFR was adopted by the former Federal Assembly, democratically elected by universal suffrage in a free and secret ballot organised on 5 and 6 June 1992. It further notes that the Czech National Council and the Slovak National Council, the legislative assemblies of the two republics constituting the then CSFR, were also elected in this ballot.
4. The Assembly notes that the new Czech Constitution, which makes the new republic a state ruled by law, came into force on 1 January 1993, and that the Charter of Rights and Fundamental Freedoms, adopted by the Federal Assembly of the CSFR on 9 January 1991, is part of the Constitution.
5. The Assembly welcomes the commitment to Europe expressed by the Czech Parliament in its declaration of 27 November 1992 on the Czech Republic's intention of joining the Council of Europe.
6. It appreciates the contribution made to its work by the Czech Parliament since the latter was accorded special guest status on 15 January 1993.
7. It attaches great importance to the Czech authorities' commitment to signing and ratifying the European Convention on Human Rights and its Additional Protocols, and to recognising the right of individual application to the European Commission of Human Rights (Article 25 of the Convention), as well as the compulsory jurisdiction of the European Court of Human Rights (Article 46). It also notes with satisfaction that the Czech Republic has considered itself bound by the Convention since 1 January 1993.
8. It asks the Czech authorities to base their policy regarding the protection of minorities on the principles laid down in Recommendation 1201 (1993) on an additional protocol on the rights of minorities to the European Convention on Human Rights.
9. The Assembly considers that the Czech Republic is both able and willing:
i. to respect the provisions of Article 3 of the Statute, which states that: "Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms";
ii. to play a sincere and effective part in achieving the aims of the Council of Europe, as set forth in Chapter I of its Statute, thereby fulfilling the conditions for membership, as specified in Article 4 of the Statute.
10. The Assembly accordingly recommends that, at its next meeting, the Committee of Ministers:
i. invite the Czech Republic to join the Council of Europe;
ii. allocate the Czech Republic seven seats in the Parliamentary Assembly.
II. Explanatory memorandum
by Mrs LENTZ-CORNETTE1
Contents
Paragraphs
INTRODUCTION 1 - 5
THE DISSOLUTION OF THE CZECH AND SLOVAK
FEDERAL REPUBLIC 6 - 15
THE CONSTITUTION OF THE CZECH REPUBLIC 16 - 27
HUMAN RIGHTS ISSUES 28 - 43
OTHER ISSUES 44 - 53
CONCLUSIONS 54 - 58
APPENDIX 1: Programme of the Rapporteurs' visit
APPENDIX 2: List of political parties represented in the
Chamber of Deputies
APPENDIX 3: Letter from the Minister for Foreign Affairs of
the Czech Republic to the Secretary General of the
Council of Europe (1 January 1993)
Introduction
1. On 1 January 1993, the Council of Europe was confronted with a totally unprecedented situation: one of its member states, the Czech and Slovak Federal Republic (CSFR), ceased to exist. On that same day, the Government of the Czech Republic, one of the states emerging from the dissolution of the CSFR, sent a letter to the Secretary General of the Council of Europe in which it expressed the new state's wish to be invited to become a member of the Organisation and declared its readiness to comply with the principles set forth in Article 3 of the Statute.
2. On 13 January 1993, the Ministers' Deputies adopted Resolution (93) 3 on the Czech Republic, in which they asked the Parliamentary Assembly to give its opinion on this membership application (see Doc. 6737). The Assembly referred this application to the Political Affairs Committee and, for an opinion, to the Committee on Legal Affairs and Human Rights and the Committee on Relations with European Non-Member Countries.
3. In accordance with the instructions of these committees, the Rapporteurs visited Prague from 8 to 10 March 1993. The programme of their visit appears in Appendix 1. The Rapporteurs are grateful to the authorities, parliamentarians and other prominent Czech personalities for their welcoming and co-operative attitude. The information gathered during the visit was of great assistance in the drafting of this report.
4. In accordance with the practice adopted in 1991, the Bureau of the Assembly asked Mr Matscher, Judge at the European Court of Human Rights, and Mrs Liddy, member of the European Commission of Human Rights, to draw up a report on the legislation of the Czech Republic. They visited Prague on 19 and 20 March 1993. Their report was issued on 10 May 1993.
5. Before reviewing the various aspects which are directly relevant to the Czech Republic's membership application, the Rapporteurs would like to point out that the Parliament of the Czech Republic has held special guest status with the Assembly since 15 January 1993, enabling a Czech parliamentary delegation to participate in the last part-session of the Assembly (1 to 5 February 1993) and in the various committee meetings held since then.
The dissolution of the Czech and Slovak Federal Republic
6. On 31 January 1991, the Assembly adopted Opinion No. 155 (1991) in which it recommended that the Committee of Ministers invite the CSFR to become a member of the Council of Europe. A few weeks later, on 21 February 1991, the CSFR was admitted as the Council of Europe's 25th member state. In the months following its accession, the CSFR became a party to a number of Council of Europe conventions, notably the European Convention on Human Rights and the Protocols thereto, and made the declarations provided for in Articles 25 and 46 of the Convention.
7. From the date of accession onwards, representatives of the CSFR took part in the activities of the Council of Europe at both parliamentary and governmental level.
8. Elections to the National Assembly of the CSFR, the Czech National Council and the Slovak National Council were held on 5 and 6 June 1992, these last two chambers being the legislative assemblies of the two republics making up the CSFR. The election results showed that a large section of the Slovak population, those voting for the Movement for Democratic Slovakia (HZDS), wished to see their republic become an independent state. This attitude was accepted with a certain amount of bitterness by the Czech people, who seemed convinced of the advantages of a federal state and wished to maintain it. Talks then began between the various Czech and Slovak political forces to decide on the future of the CSFR.
9. On 6 July 1992, the Committee of Ministers of the Council of Europe adopted a declaration on Czechoslovakia in which it expressed the hope that the parties concerned would co-operate in finding just and lasting solutions to the questions confronting the Czech and Slovak population. The Committee of Ministers also expressed the wish that the talks between the parties would continue in a peaceful and constructive manner.
10. During the summer of 1992, the Civic Democratic Party (ODS) headed by Mr Klaus, which had won the elections in the Czech part of the country, and the Movement for Democratic Slovakia (HZDS) headed by Mr Meciar, the winner in the Slovak part, agreed to the dissolution of the Federation on 1 January 1993.
11. On 7 October 1992 in Strasbourg, the Political Affairs Committee held an exchange of views with the members of the parliamentary delegation of the CSFR on the future of their country. At the end of the meeting, most committee members came to the conclusion that the division of the CSFR into two states was inevitable.
12. During the autumn of 1992, the Czech and Slovak executives concluded a whole series of bilateral agreements ranging from the social to the economic field. On 11 November 1992, the Federal Assembly passed a constitutional law governing the division of property of the CSFR between the Czech and Slovak Republics.
13. A few days later, on 25 November 1992, the Federal Assembly, complying with the decisions of the Czech National Council and the National Council of the Slovak Republic, passed the constitutional law on the dissolution of the CSFR. Article 1 of the law stated that the CSFR would cease to exist on 31 December 1992 and that its successor states would be the Czech Republic and the Slovak Republic. Article 8, paragraph 2 of this law allowed the Czech and Slovak Republics to conclude international agreements with third states in their own name prior the dissolution of the CSFR on the understanding that such agreements would enter into force after its dissolution.
14. On 27 November 1992, the Czech National Council adopted a declaration on the intention of the Czech Republic to become a member of the Council of Europe and comply fully with the obligations arising from its Statute. On 3 December 1992, the National Council of the Slovak Republic adopted a similar declaration expressing the wish of the Slovak Republic to assume as from 1 January 1993 the obligations laid down in the Statute of the Council of Europe and in the agreements entered into by the CSFR, and particularly those provided for in the European Convention on Human Rights.
15. On 16 December 1992, the Czech National Council adopted the first Constitution of the Czech Republic, which came into force on 1 January 1993.
The Constitution of the Czech Republic
16. The preamble to the Constitution affirms the wish of the Czech people to build the Czech Republic as a free and democratic state founded on respect for human rights and on the principles of a civil society and belonging to the family of European democracies. Chapter 1 contains the fundamental provisions on which the Czech Republic is based. Article 3 stipulates that the Charter of Rights and Fundamental Freedoms adopted by the Federal Assembly of the CSFR on 9 January 1991 shall form part of the new republic's constitutional order. The Constitution also provides that the international treaties ratified by the Czech Republic in the field of human rights and fundamental freedoms shall be incorporated into domestic law and shall have priority over ordinary national laws.
17. Chapter 2 of the Constitution is concerned with legislative power. Parliament consists of two chambers: the Chamber of Deputies and the Senate. The Chamber of Deputies consists of 200 members elected for a period of four years. The transitional provisions contained in the last chapter of the Constitution state that the Czech National Council is to become the Chamber of Deputies on 1 January 1993 and that its term of office will expire on 6 June 1996. Appendix 2 lists the political parties represented in the Chamber of Deputies together with the number of seats which each of them holds. The parties which form the ruling coalition hold a total of 105 seats, which is more than the absolute majority but less than the three-fifths majority required for the adoption of constitutional laws. This state of affairs explains why the Czech government is having difficulty in completing the constitutional order.
18. The Senate will consist of eighty-one senators elected for a period of six years. One-third of the senators will be elected every two years. Unlike the Chamber of Deputies, which is elected according to a system of proportional representation, the Senate is to be elected by a majority vote system. The final provisions of the Constitution stipulate that, until the Senate is elected, its functions will be exercised by an interim Senate whose composition is to be determined by a constitutional law. In the absence of a large enough majority, no such law has yet been passed. In accordance with the Constitution, the Senate's functions are being exercised by the Chamber of Deputies.
19. Chapter 3 of the Constitution is concerned with the executive: the President of the Republic and the government. On 26 January 1993, Mr Havel, who obtained the votes of 109 out of the 200 deputies in the first round, was elected President of the Czech Republic. The parliamentary debate which preceded the vote was marked by attacks on Mr Havel by the deputies of the extreme right-wing Republican Party.
20. The President's responsibilities include appointing the Prime Minister and the members of the government, convening the sessions of the Chamber of Deputies, appointing the judges of the Constitutional Court and a whole series of duties in his capacity as representative of the state.
21. In accordance with the transitional provisions of the Constitution, the Czech Government formed after the elections of June 1992 and headed by Mr Klaus became the government of the Czech Republic on 1 January 1993 with the duties described in the new Constitution.
22. The organisation and powers of the judiciary are described in Chapter 4 of the Constitution. The independence of judges in the performance of their duties is expressly recognised. As in many Council of Europe member states, the Constitutional Court is the judicial body responsible for safeguarding constitutional legality. It consists of fifteen judges appointed for a period of ten years by the President of the Republic subject to the Senate's agreement. At the time of the Rapporteurs' visit, the judges had not yet been appointed.
23. The judicial machinery of the Czech Republic also comprises a Supreme Court of Justice, a Supreme Court for administrative matters and courts whose names and powers will be laid down by law. All the judges of the Supreme Court are appointed for life by the President of the Republic.
24. Chapters 5 and 6 of the Constitution establish, respectively, the State Audit Office and the Czech National Bank. Their statutes and powers are to be laid down by law.
25. Chapter 7 of the Constitution lays down the principles of local and regional self-government. The municipalities represent the lower tier and the provinces or regions the upper tier. Both kinds of geographical unit are administered by a council of representatives elected by universal suffrage.
26. The last chapter of the Constitution contains a series of transitional provisions. One of these, Article 112, provides that the constitutional order of the Czech Republic shall consist of the Constitution, the Charter of Rights and Fundamental Freedoms and the constitutional laws which were in force in the territory of the Czech Republic on 1 January 1993.
27. As already mentioned in paragraph 16, the Charter of Rights and Fundamental Freedoms forms part of the constitutional system of the Czech Republic. This text is inspired to a great extent by the principles of respect for human rights and fundamental freedoms which form the common heritage of the Council of Europe member states. One section of the Charter is devoted to the rights of national and ethnic minorities. Citizens belonging to a minority are granted the right to further their own culture, to disseminate and receive information in their own language and to form associations of an ethnic character. They are also entitled to receive an education in their language and use it in their contacts with the authorities.
Human rights issues
28. In the opinion of the rapporteurs, the new Czech Constitution is substantially in keeping with the principles by which our Organisation is guided. The report by Mr Matscher and Mrs Liddy considers the legislation of the Czech Republic in greater detail and it seems unnecessary, therefore, to dwell on the strictly legal aspects here. Nevertheless, the rapporteurs would like to touch briefly on some questions concerning minorities and the legal system which were raised by some of their interlocutors.
a. Minorities
29. In accordance with Order No. 484 (1993) on an additional protocol on the rights of minorities to the European Convention on Human Rights, the rapporteurs wanted to see whether the rights included in this protocol were respected by the Czech Republic. For this purpose, they met not only the authorities but also representatives of the Polish minority, the German minority and the Gypsies.
30. The Council of Poles in the Czech Republic is the organisation representing the interests of some 55 000 members of the Polish minority, who mainly live close to the country's northern border. Their situation has improved considerably since the change of regime in 1989.
31. Teaching is provided in Polish in some thirty primary schools, in one secondary school and on some courses in vocational training centres. The University of Ostrava has a department of Polish culture which is responsible for training the teachers needed by the primary schools. Several periodicals are published in Polish; as they are greatly in deficit, they receive subsidies from the state. One radio station broadcasts in Polish, but for periods felt to be too short (five minutes per day and twenty minutes on Saturdays). The most serious problem facing the Polish minority is teacher training and the shortage of textbooks tailored to the needs of Poles living in the Czech Republic. Since 1992, members of the Polish minority have been able to buy property formerly owned by that community.
32. The Association of Germans in Bohemia, Moravia and Silesia and the Union of Germans in the Czech Republic stressed the specific characteristics of the situation of the German minority in the country. About 3,5 million Germans were living there before the second world war. Population movements after the war reduced that figure to some 350 000. Now only 50 000 people declare themselves as belonging to the German minority. From 1948 to 1989, the official position was that there were no problems with this minority. All it had was a cultural association which was allowed to carry on its activities in return for recognition of the Communist Party's leading role.
33. In 1989, the situation changed drastically and the authorities encouraged the German minority to exercise its rights. It was pointed out, however, that assimilation under the previous regime had led to a loss of identity, especially among the younger generation. Furthermore, the members of the German minority are now scattered throughout the interior of the Czech Republic as they had to leave the areas close to the German border in the 1950s. There is room for improvement in education as German is taught solely as a foreign language. However, a private school was recently founded which teaches in German and is open to all interested persons. Newspapers are published in German with subsidies from Germany and Austria. Czech radio broadcasts a twenty-minute programme in German once a week.
34. The representatives of the Confederation of Gypsies said that this ethnic minority probably suffers more discrimination than any other in the country. For years, the subject of the Gypsies had been a passed over in silence. They are currently the largest minority in the Czech Republic. According to the figures supplied by members of the special guest delegation, they account for between 1,5 and 2,2% of a total population of 10,3 million. The Gypsy representatives, however, consider these figures to be greatly underestimated. According to them, the number of Gypsies living in the Czech Republic is between 250 000 and 300 000, which would be between 2,5 and 2,9% of the total population of the Republic.
35. Generally speaking, the Gypsies have a fairly disadvantaged social situation. They are more severely affected by unemployment, their state of health is more precarious and their standard of education lower. Lately, Gypsies have been the victims of racist attacks and they have been affected by administrative measures introduced at local level.
36. Local authority orders have been adopted in some Czech municipalities against the illegal occupation of local authority owned flats, introducing penalties (local community service) for those who fail to pay the fines imposed on them. According to representatives of the Gypsies, the orders were modelled on rules issued in the 1950s (known as Jirkov orders after the municipality where they were first applied in 1958). A number of mayors we met confirmed to us that such orders had recently been adopted by some local authorities. According to the mayors they do not refer explicitly to Gypsies, but the latter, on account of their lifestyle, would usually be those directly affected. It should nevertheless be pointed out that in view of the stir created by the orders, the Chief Public Prosecutor has intervened and partially suspended their application, because they would be contrary to the legislation in force, particularly as regards the penalties imposed on persons unable to pay fines. In their present wording, the orders only provide the basis for helping migrating people to settle without any restrictions.
37. Lastly, the Gypsy representatives told us that a feeling of insecurity is growing in their community and that some media highlight the ethnic origin of suspected offenders when they are Gypsies. It was nevertheless admitted that the authorities are sensitive to the Gypsies' problems and that Gypsies, like the rest of the Czech population, are facing the consequences of the profound economic changes affecting the country, which, in the representatives' view, do not take sufficient account of the social situation of the most deprived sections of the population.
38. The Rapporteurs did not meet any members of either the Slovak minority, which, according to the figures supplied by the special guest delegation, numbers about 320 000, nor of the Hungarian minority, which, according to the same sources, numbers about 20 000. It will be noted, however, that all inhabitants of the former CSFR residing in the Czech Republic on 1 January 1993 are entitled to Czech citizenship.
b. The judicial system
39. The Czech judicial system is in the midst of a complete overhaul. An office has been set up to carry out this task under the authority of a Deputy Prime Minister; the Ministry of Justice deals only with matters relating to the administration of justice and the prison system. Under the Constitution of the Czech Republic, as indicated earlier, the independence of the judiciary is the cornerstone of the judicial system. Justice is administered at four levels: district courts, regional courts, high courts (in Prague and Olomouc — the latter has not yet been established) and the Supreme Court of the Czech Republic. The Constitutional Court is the judicial body that protects the constitutional order of the Republic. As indicated in paragraph 22, though provided for by the Constitution, it has not yet been established and its duties are provisionally performed by the Supreme Court. A draft law on the Constitutional Court has recently been submitted to the Chamber of Deputies. Military tribunals still exist, but should be incorporated into the single judicial system as of 1 January 1994.
40. During our talks with the Minister of Justice, the Chief Public Prosecutor and the President of the Third Division of the Prague High Court, much was said about the problem of the shortage of judges. Some of the judges who held office under the previous regime have been dismissed from the profession, while others have gone over to the private sector, attracted by higher income. Meanwhile the number of lawyers trained by the law faculties fails to meet the needs of the Czech judicial system. This state of affairs, together with the growth of crime over the past few years, causes lengthy delays in the hearing of cases by the courts. Added to this is the tremendous task of recodifying civil and criminal procedure to bring it into line with the standards in force in a state governed by the rule of law.
41. During the meeting with representatives of non-governmental organisations, those of the Helsinki Human Rights Committee referred to the various problems posed by the application of the Act of 4 October 1991 adopted by the Federal Assembly of the Czech and Slovak Federal Republic, laying down conditions for the exercise of certain functions in state bodies and organisations ("purification" Act). The Act provides that, in order to qualify for certain key posts in government departments, applicants must prove that they did not hold positions of responsibility in the state security apparatus of the previous regime or in the Communist Party, between 25 February 1948 and 17 November 1989. Applicants have to submit a certificate issued by the Ministry of the Interior on the basis of the information contained in the archives of the former secret police. Our interlocutors were of the opinion that the Act was based on a general presumption of guilt, placed greater emphasis on administrative procedure than on legal procedure and did not make adequate provision for appeal. It was acknowledged, however, that the Act would be in force for a limited time, since it would lapse on 31 December 1996. It is not possible to indicate the number of persons concerned by this Act. The rapporteurs wish to point out that the adoption of the Act by the Federal Assembly was highly controversial and that the Czechoslovak trade unions went so far as to lodge complaints with the International Labour Office on the grounds of failure to apply the Discrimination (Employment and Occupation) Convention.
42. The rapporteurs also have a duty to mention the concern aroused by the application of an act on the recovery of property passed by the Federal Assembly in 1991. The Act allows Czech citizens permanently residing on the territory of the Republic who were expropriated between 25 February 1948 and the end of 1989 to claim their property back. The conditions — citizenship, residence and expropriation period — have prevented a number of people from being covered by the Act, such as members of the Jewish community whose property was confiscated by the Nazi occupants in September 1938. The same applies to all those who, for various reasons, do not reside in the country, including those who had to go into exile after the events of 1968. Appeals brought against decisions taken on the basis of this law have not yet resulted in final judgements. The rapporteurs are convinced that the issue of possible compensation to the three million or so Germans and Hungarians who had to leave the Czech and Slovak Federal Republic in 1948 weighed heavily when it came to fixing the period covered by the Act.
43. During the talks with the Minister of Justice and the Deputy Minister for Foreign Affairs reference was made to the question of the Czech Republic signing and ratifying the various Council of Europe conventions signed and ratified by the Czech and Slovak Federal Republic. The Czech leaders reaffirmed their political will to do so. The intention had already been expressed by the Minister for Foreign Affairs of the Czech Republic in his letter of 1 January 1993 to the Secretary General of the Council of Europe (see Appendix 3) accompanying the application for membership. In response to a specific request by the rapporteurs, the Czech authorities also stated their willingness to sign and ratify as soon as possible the General Agreement on Privileges and Immunities of 2 September 1949 and the Protocol of 6 November 1952.
Other issues
a. The media
44. The talks with journalists made it clear that freedom of expression as embodied in the Constitution is widely enjoyed in the Czech Republic. The newspaper boom witnessed in 1989 has gradually waned, so that some newspapers have disappeared. Private radio stations co-exist with public ones. The Czech public television is controlled by an independent council elected by parliament. A licence for a new television channel was recently granted to a private company.
45. The journalists mentioned the threat to freedom of the press posed by a virtual monopoly in some areas of Bohemia, where all the newspapers belong to the same owner. They also referred to the authorities' passive attitude towards certain publications which are overtly racist or breach sections of the "purification" Act. The Act prohibits the publication of lists of people barred from public office.
b. Trade unions
46. The trade union representatives the rapporteurs met acknowledged that they enjoyed complete freedom to organise and set up trade unions. In the Czech Republic more than 70% of workers are unionised. The Collective Agreements Act is among the best in Europe, but there is apparently a trend in the present government towards amending it to give precedence to individual agreements over collective agreements. The government still owns numerous firms and therefore plays a major part in negotiations with the trade unions.
47. At present less than 3% of the Czech working population is unemployed. However, the trade unions fear that the current reorganisation of large firms will cause a sharp increase in unemployment, especially in areas which used to be industrial centres. In their view, the process of economic change should be accompanied by social support measures.
48. The lack of courts specialising in labour law matters is a source of anxiety for trade unionists because they are compelled to apply to the ordinary courts to uphold their rights. As indicated in paragraph 39, the ordinary courts' heavy case load entails lengthy delays which may in some cases be detrimental to workers.
49. It was apparent from the talks with the Deputy Minister for Labour and Social Affairs that the government sets store by the atmosphere of social harmony engendered by the tripartite negotiations between the trade unions, employers and the government. The authorities are currently trying to make workers aware of the cost of the social security system in force. Pay slips now state the amount of workers' contributions, which is a novelty in the country because the operation of the social security system used to come directly under the state budget.
c. Local government
50. During the talks with representatives of the association of local authorities attention was drawn to the main problems facing local elected representatives. First, there are those strictly associated with local management: waste disposal, sewage treatment, organisation of transport and management of local authority owned housing. Then there are political and social problems stemming from relations between residents of the municipality.
51. The Mayor of Kladno, for example, stressed that the illegal occupation of flats that fell vacant posed a serious problem to his municipality. He said that it was often Gypsies who squatted in the flats and caused serious damage to them. As already indicated in paragraph 35, situations of this kind have prompted the adoption of local authority orders on security and public order to punish those responsible for the squatting. It must be borne in mind, however, that the application of the orders has been suspended because the Chief Public Prosecutor is opposed to some of their provisions. When this problem arises, local authorities have to apply to the courts for eviction orders.
d. Autonomist trends
52. During the talks with representatives of the opposition parties, those of the Movement for Democracy and Self-Management — Society for Moravia and Silesia (HSD-SMS), which has fourteen seats in the Chamber of Deputies, said that they wished Moravia and Silesia to enjoy a greater degree of self-government. While denying that they were a nationalist movement, the representatives of the HSD-SMS said that they wanted to set up a Moravian parliament and executive although there is at present no legal basis for this.
53. The rapporteurs wish to make it clear that the overwhelming majority of the people they talked to did not share the views of the HSD-SMS representatives. They believe, however, that the Czech authorities will have to take care in the future not to let these autonomist trends poison the country's political climate. While the country's recent history admittedly heightens sensitivity to these issues, it is to be hoped that Czech politicians as a group will be able to steer a middle course between what is perceived as an excessive degree of self-government and what is considered an exaggerated degree of centralism.
Conclusion
54. The rapporteurs wish to emphasise first and foremost that all the people they met were unanimously in favour of the Czech Republic joining the Council of Europe. Most of them felt that the clearest proof of Czech determination to meet the basic requirements for membership of the Council of Europe lay in their country's position that, from the date of its independence, it was bound by the multilateral international treaties to which the Czech and Slovak Federal Republic had been party.
55. The new Constitution ensures that the Czech Republic is a state
governed by the rule of law and clearly recognises the principle that everyone within its jurisdiction must enjoy fundamental rights and freedoms. This recognition and the express undertaking given by the Czech authorities to the Secretary General of the Council of Europe to sign and ratify the European Convention on Human Rights and its Protocols afford sufficient grounds for considering that the Czech Republic meets the requirements for membership of our Organisation.
56. Admittedly, there are still gaps to be filled in the Czech institutional system. The rapporteurs hope that the political groups represented in the Chamber of Deputies will make the necessary effort to reach agreements enabling them to adopt the legislation required to develop the Constitution and particularly to provide the country with a Senate and a Constitutional Court.
57. As regards the protection of minorities, especially Gypsies, the rapporteurs would like to urge the Czech authorities to draw upon the texts recently adopted by the Parliamentary Assembly (Recommendation 1201 (1993) on an Additional Protocol on the rights of minorities to the European Convention on Human Rights and Recommendation 1203 (1993) on Gypsies in Europe).
58. In the light of all the above, the rapporteurs conclude that the Czech Republic currently meets the basic requirements for membership of the Council of Europe. They therefore recommend that the Assembly adopt a favourable opinion on the Czech Republic's application for membership.
APPENDIX 1
Programme of the visit to the Czech Republic
(Prague, 8-10 March 1993)
Monday 8 March
11.15 a.m. Meeting with the Ambassador of the United Kingdom and ambassadors of member states
12-1 p.m. Working lunch with the Czech special guest delegation to the Assembly
1.15-2.15 p.m. Meeting with representatives of governmental coalition political groups
2.30-3.30 p.m. Meeting with representatives of the opposition political groups
3.45-4.45 p.m. Meeting with the Czech special guest delegation to the Assembly
5-6 p.m. Meeting with Mr Novak, Minister of Justice, and Mr Setina, Prosecutor General
Tuesday 9 March
9-10.30 a.m. Meeting with representatives of minorities
10.45-11.15 a.m. Meeting with Mr Vondra, First Deputy Minister of Foreign Affairs
11.30-12.15 p.m. Meeting with representatives of mass media
1.45-2.45 p.m. Meeting with Mr Ruml, Minister of Interior
3.30-4.30 p.m. Meeting with Mr Kos, First Deputy Minister of Labour and Social Affairs
4.40-5.15 p.m. Meeting with trade union representatives
5.30-7.30 p.m. Dinner hosted Mr Milan Uhde, President of the Chamber of Deputies
Wednesday 10 March
9-10.00 a.m. Meeting with representatives of the Council of Towns and Communities
10.15-11.15 a.m. Meeting with non-governmental organisations
11.45-1.15 p.m. Working lunch with members of the Chancellery of the Presidency of the Republic
1.30-2.30 p.m. Meeting with Mr Mokry, Chairman of the 3rd Chamber of the Prague Higher Court
2.45-3.15 p.m. Press conference
APPENDIX 2
Political groups represented at the Chamber of Deputies
(200 seats)
Governmental coalition:
- Civic Democratic Party (ODS) 66 seats
- Christian Democratic Union (KDU-CSL) 15 seats
- Civic Democratic Alliance (ODA) 14 seats
- Christian Democratic Party (KDS) 10 seats
__________
Total 105 seats
Opposition:
- Left Bloc (LB) 35 seats
- Czech Social Democratic Party (CSSD) 16 seats
- Liberal Social Union (LSU) 16 seats
- Association for Republic - Republican
Party of Czechoslovak (SPR-RSC) 14 seats
- Movement for Autonomous Democracy -
Association for Moravia and Silesia
(HSD-SMS) 14 seats
Total 95 seats
APPENDIX 3
Letter from Mr Josef Zieleniec,
Minister for Foreign Affairs of the Czech Republic
to Mrs Catherine Lalumière,
Secretary General of the Council of Europe
Prague, 1 January 1993
Madam Secretary General,
Upon the instruction of the Government of the Czech Republic and referring to my letter of 1 January 1993 concerning the request of the Czech Republic to be admitted to the Council of Europe I have the honour to communicate to Your Excellency the following:
In conformity with the valid principles of international law and to the extent defined by it, the Czech Republic, as a successor state to the Czech and Slovak Federal Republic, considers itself bound, as of 1 January 1993, that is the date of the dissolution of the Czech and Slovak Federal Republic, by multilateral international treaties to which the Czech and Slovak Federal Republic was a party on that date, including reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic.
From among the treaties deposited with the Secretary General of the Council of Europe this applies to the following instruments:
European Convention on the Equivalence of Diplomas Leading to Admission to Universities, Paris, 11 December 1953,
European Cultural Convention, Paris, 19 December 1954,
European Convention on the Equivalence of Periods of University Study, Paris, 15 December 1956,
European Convention on the Academic Recognition of University Qualification, Paris, 14 December 1959,
Protocol to the European Convention on the Equivalence of Diplomas Leading to Admission to Universities, Strasbourg, 3 June 1964,
European Convention on Extradition, Paris, 13 December 1957,
European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 20 April 1969,
European Convention on the Transfer of Proceedings in Criminal Matters, Strasbourg, 15 May 1972,
Convention on the Transfer of Sentenced Persons, Strasbourg, 21 March 1983.
By 31 December 1992, Czech and Slovak Federal Republic signed the following conventions:
European Social Charter, Turin, 18 October 1961,
Protocol amending the European Social Charter, Turin, 21 October 1991,
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Strasbourg, 26 November 1987,
The Czech Republic recognises signatures made by the Czech and Slovak Federal Republic as if they were made by itself.
Without prejudice to the question of membership of the Czech Republic in the Council of Europe after 1 January 1993, the Czech Republic shall feel bound by the:
Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, as completed by Protocol No. 2, Strasbourg, 6 May 1963,
Reservation in respect of Articles 5 and 6 of the convention,
Declarations under Articles 25 and 46 of the convention,
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, Paris, 20 March 1962,
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto, Strasbourg, 16 September 1963,
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, Strasbourg, 28 April 1983,
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Strasbourg, 22 November 1984,
Protocol No. 9 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 6 November 1990,
Protocol No. 10 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Strasbourg, 25 March 1992,
European Convention on the Suppression of Terrorism, Strasbourg, 27 January 1977.
The Czech Republic declares its readiness to comply with decisions of the respective international control bodies established in accordance with the above-mentioned conventions.
In order to ensure the continuous implementation of these conventions in relations between the Czech Republic and other parties to these conventions, I have the honour to request Your Excellency in your capacity of depositary to pass this information as soon as possible to all States Parties to the above-mentioned conventions.
Please accept, Madam Secretary General, the assurances of my highest consideration.
Yours sincerely,
(signed)
Reporting committee: Political Affairs Committee.
Committees for opinion: Committee on Legal Affairs and Human Rights and Committee on Relations with European Non-Member Countries.
Budgetary implications for the Assembly: none.
Reference to committee: Doc. 6737 and Reference No. 1840 of 1 February 1993.
Draft opinion unanimously adopted by the committee on 13 May 1993.
Members of the committee: MM. Reddemann (Chairman), Sir Dudley Smith (Vice-Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson), MM. Agnelli, Alvarez-Cascos, Andreotti, Antretter, Baumel, Björn Bjarnason, Bokov, Bratinka, Cimoszwicz, Efraimoglou, Espersen (Alternate: Mrs Severinsen), Lord Finsberg, MM. Fiorini, Flückiger (Alternate: Bloetzer), Galanos (Alternate: Hadjidemetriou), Mrs Haller, Mrs Halonen, MM. Hardy, Hellström, Irmer, Kaspereit, Kelchtermans, Kenneally, König, Mrs Lentz-Cornette, MM. van der Linden, Machete, Martins, Maruflu (Alternate: Dinçerler), Masseret, Mimaroglu (Alternate: Güner), Moya, Oehry, Pangalos, Panov, Psaila Savona, Schieder, Seeuws, Mrs Suchocka, MM. Szent-Ivanyi, Tarschys, Thoresen, Trabacchini.
N.B. The names of those members who took part in the meeting are printed in italics.
Secretaries to the committee: MM. Sorinas and Kleijssen.
1 1 1. This explanatory memorandum was drawn up in co-operation with Mr Fritz Schiesser (Switzerland, Liberal), Rappporteur for opinion of the Committee on Legal Affairs and Human Rights, and Mr Raul Brito (Portugal, Socialist), Rapporteur for opinion of the Committee on Relations with European Non-Member Countries.