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29 June 1993
Doc. 6883
OPINION
on the application by the Slovak Republic
for membership of the Council of Europe1
(Rapporteur: Mr SCHWIMMER, Austria,
Group of the European People's Party)
The Rapporteur of the Committee on Legal Affairs and Human Rights visited Slovakia with the rapporteurs of the Political Affairs Committee and the Committee on Relations with European Non-Member Countries from 10 to 12 March 1993. He subscribes to the report submitted by Mrs Halonen on behalf of the Political Affairs Committee (Doc. 6864).
Nevertheless, he wishes to offer a brief opinion on behalf of the Committee on Legal Affairs and Human Rights in the light of the report on human rights in Slovakia by legal experts, Sir Basil Hall and Mr Louis-Edmond Pettiti, the discussion during the meetings of the Political Affairs Committee and the Committee on Legal Affairs and Human Rights in Malta on 24 March 1993 and in Strasbourg on 13 and 14 May respectively, and his further talks especially with the members of the Special Guest Delegation of Slovakia in Strasbourg from 10 to 14 May 1993.
During his recent visit to Slovakia on 10 and 11 June 1993, the Rapporteur had conversations with the members of the Foreign Affairs Committee of the National Council of the Slovak Republic and in particular with the Chairman of the parliamentary group of the Hungarian Christian Democratic Movement (MKDH), where he could ascertain a progress in the undertaking concerning the improvement of the situation of minorities.
Situation of Slovakia with respect to international law
In the declaration of 3 December 1992, the National Council of the Slovak Republic expressed Slovakia's intention of joining the Council of Europe and declared its readiness to take on all the obligations following from membership laid down in the conventions of the Council of Europe.
Article 11 of the Constitution of the Slovak Republic guarantees that "international agreements concerning human rights and basic freedom, ratified by the Slovak Republic and proclaimed in accordance with approved law, take precedence over her constitutional Acts, if they guarantee greater constitutional rights and freedom."
This is very important with regard to the rights of minorities.
Rule of law and separation of powers
The constitution of the Slovak Republic separates the powers of executive, legislation and jurisdiction. An independent Constitutional Court is installed and is to guarantee the Constitution.
Judicial authority
The Rapporteur agrees with the report of the legal experts that "the system, sensibly worked, should not cast doubt on the independence or impartiality of judges".
Human Rights
The Slovak Republic considers itself to be bound by the legal instruments which had been ratified by the Czech and Slovak Federal Republic, of which it is a successor, and more particularly by those in the field of human rights and it has made formal declarations to this effect.
Rights of minorities
The Council of Europe stressed his activities in the last years on minorities as an important part of human rights issues so that most of the conversations dealt with the minority issue and in the rapporteur's opinion, these talks promoted the changes in legislation, prepared in regard to the unlimited use of Hungarian surnames and the right to use the minorities' languages for local names, signs and other inscriptions.
Nevertheless, it will be necessary to strengthen the dialogue with the minorities, especially about the government's intentions to install new administrative districts, which have not assumed concrete forms yet, so that a judgement at that time is not possible. The Rapporteur understands the concern about the conservation of the original ethnical structure of the districts, where minorities live and therefore hopes that in the purpose of a mutually understanding living together the legitimate interests of the minorities will be respected. He expects further improvements by the implementation of the measures recommended by the Assembly's Resolution 1201, which the Slovak authorities have committed themselves to respect.
The Rapporteur wants to emphasize the problem laid down in paragraph 21 of the report, which says that there is a lack of mutual trust, and therefore he is convinced that a better dialogue is needed.
Conclusion
His visits to Slovakia and the serious discussions with the Slovak authorities and the parliamentary colleagues, including the representatives of the Hungarian minorities, led the Rapporteur to the conclusion that Slovakia fulfils the conditions for membership of the Council of Europe: free elections have taken place, Slovakia respects the rule of law, human rights including the rights of minorities are respected, and the authorities have expressed their willingness to ratify the European Convention on Human Rights.
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Reporting Committee: Political Affairs Committee (Doc. 6864)
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc. 6738, Reference No. 1841 of 1 February 1993
Opinion approved by the committee on 28 June 1993
Secretaries of the committee: Mr Plate and Ms Coin