US embassy cable - 04BRATISLAVA524

UNCLAS  BRATISLAVA 000524 
 
SIPDIS 
 
 
SENSITIVE 
 
DEPT FOR EUR/RPM HEATHER TROUTMAN 
DEPT PLEASE PASS TO CSCE COMMISSION - ERIKA SCHLAGER 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, SOCI, LO, OSCE 
SUBJECT: PARLIAMENT ADOPTS ANTI-DISCRIMINATION LAW 
 
Sensitive but Unclassified - protect accordingly 
 
1. (SBU) Summary. On May 20, the Slovak Parliament 
adopted the Law on Equal Treatment. The Director of the 
GOS Human Rights Section of the Government Office, Jana 
Kviecinska, told POL Specialist that this is one of the 
most important laws adopted in the post-communist 
parliament and brings Slovakia into full compliance 
with EU Directives pertaining to Race and Employment. 
The law defines discrimination, establishes the legal 
basis for positive discrimination or "affirmative 
action," and amends articles in the labor code and 
those pertaining to social sectors, such as education, 
health, and state service. The Slovak National Human 
Rights Center (SNHRC) can also now represent citizens 
in discrimination complaints and monitor the 
implementation of the law. Justice Minister Daniel 
Lipsic, a KDH member, announced he will challenge the 
law in Constitutional Court because of positive 
discrimination provisions. End Summary. 
 
Anti-Discrimination Law Passes 
------------------------------ 
 
2. (U) Slovakia's new anti-discrimination law prohibits 
discrimination "for any reason." The law passed with 
103 out of 133 votes, with support from both the 
coalition and the opposition. After the president signs 
the law, it will become effective July 1, 2004. The law 
defines discrimination, sexual harassment, and 
sanctions based on complaints. In addition, it 
describes how to promote equal treatment in the labor 
market and social sectors through positive 
discrimination or "affirmative action." 
 
3. (SBU) The Roma plenipotentiary Klara Orgovanova 
welcomed the new legislation that may help Roma resolve 
lingering inequalities in housing, employment, and 
education. According to Orgovanova, Slovak Roma do not 
enjoy the same rights as the non-Roma population and 
now will have more legal recourse. She mentioned the 
law will help eliminate certain discriminatory 
behaviors in the future, such as refusing admittance to 
certain schools or public areas. However, she asserted 
that this law is not only to protect the rights of the 
minorities, but all of society. 
 
Compromise Reached with KDH 
---------------------------- 
 
4. (U) Kviecinska's office drafted this legislation in 
accordance with the Action Plan to Prevent All Forms of 
Discrimination, Racism, Xenophobia, Anti-Semitism and 
other forms of Intolerance for the Period 2000-2001. 
The Christian Democratic Party (KDH) stalled the 
legislation due to objections about references to 
sexual orientation by removing discussion about the 
anti-discrimination legislation from the Parliamentary 
agenda in 2002. The Hungarian Coalition Party (SMK) 
retained the passage of the law as a part of their 
platform and continued to submit drafts to the 
government. Justice Minister Lipsic, a KDH member and 
Chairman of the Legislative Council, also disagreed 
with the necessity of one single anti-discrimination 
norm and proposed to amend 14 other relevant laws. A 
compromise was finally reached that combined the Human 
Rights Section's draft with the amendment of several 
other relevant codes according to the Lipsic proposal. 
 
6. (U) The resulting legislation maintained some 
reference to sexual orientation, but it was not 
repeated in all subsequent amendments. Legal experts 
stated that while sexual orientation is addressed in 
relation to labor, omitting health and education, 
Slovakia is now obliged to follow EU standards in other 
areas and it can be perceived as a victory. HZDS MP 
Ludmila Muskova introduced a vague amendment that 
prohibits in schools "the influence of sexual 
orientation in contradiction to traditional European 
values." In a later interview, she stated that the 
language was not directed against homosexuality, but 
pedophilia and sexually deviant crimes. Others claimed 
that this could also protect against teaching beliefs 
and ideas counter to the EU Charter on Human Rights in 
schools. 
 
Positive Discrimination Questioned 
---------------------------------- 
 
7. (U) Lipsic announced that he will challenge the law 
in Constitutional Court due to references to positive 
discrimination. He claimed these provisions contradict 
the constitution because it promotes stereotypes about 
minorities. The Section for Human Rights stated that 
positive discrimination was a necessary, albeit 
temporary measure, for certain populations afflicted by 
discrimination to protect their rights. Roma leaders 
appealed to Lipsic not to question the merits of the 
positive discrimination, which could provide 
unparalleled opportunities for Roma. 
 
8. (U) Balasz Jarabik, a legal expert for the Slovak- 
Hungarian think-tank Kalligram, was surprised 
Parliament passed this section of the law. He stated 
that while it is a very important concept for Slovakia 
it lacks simple implementation measures and could be 
abused. The Director of Milan Simecka, a human rights 
organization, welcomed discussion about positive 
discrimination at the constitutional level. He stated 
that positive discrimination is an internationally 
recognized theme found in many United Nations documents 
and it should be determined what form is acceptable in 
the Slovak context. 
 
More Access to Legal Representation 
----------------------------------- 
 
9. (SBU) The new Act on Equal Treatment also extends 
the responsibilities of the Slovak National Human 
Rights Center (SNHRC) to represent citizens in 
administrative proceedings if their rights were 
violated. The Center will also monitor and assess the 
application of this law in Slovakia. Jana Kovacova, 
from the Education and Research Section at SNHRC, 
stated that their center must quickly adjust to the new 
character of their work, but feared without new budget 
appropriations they will not be prepared by July 1. 
Parliament substantially decreased their budget this 
year in reaction to prior management problems. 
 
Comment 
------- 
 
10. (U) Many activists and politicians who devoted 
several years to lobbying for the anti-discrimination 
legislation celebrated its passage last week. 
International organizations and American consultants 
also supported these efforts and helped to draft the 
initial legislation. After the long political battle 
fought, activists commented that the anti- 
discrimination is not a perfect piece of legislation, 
but it is an important legal development for Slovakia 
to protect human rights. The government must now follow- 
up with efforts to increase public awareness about anti- 
discrimination. It is too soon to tell what the 
practical effects of the legislation will be. As we 
discuss the details with government and legal experts, 
as well as human rights and minority activists, we will 
continue to report on the impact of the law and 
changing conditions for minorities in Slovakia. 
 
 
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