PARLIAMENT ADOPTS ANTI-DISCRIMINATION LAW

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SUBJECT: PARLIAMENT ADOPTS ANTI-DISCRIMINATION LAW

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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
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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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