The Czech The Czech Republic’s Republic’s

Transition to Transition to DemocracyDemocracy

By Vít HloušekBy Vít Hloušek

Educational Initiatives, CDKEducational Initiatives, CDK, , November November 20112011

Transition in Central Europe Transition in Central Europe

The transition to democracy in Central The transition to democracy in Central Europe consisted of three processesEurope consisted of three processes::

political democratization political democratization and and social social liberalizationliberalization;;

economic transformationeconomic transformation; ;

the the building building of a modern of a modern nation and nation and statestate..

Building a modern nation and Building a modern nation and statestate

The end of communist authoritarian rule meant for The end of communist authoritarian rule meant for many nations the achievement of many nations the achievement of national national independenceindependence that was denied them for so many that was denied them for so many decades. decades.

TThe process of democratization also awakened he process of democratization also awakened problems of problems of religion, nationality, or ethnic identityreligion, nationality, or ethnic identity..

It is always It is always a a challenging taskchallenging task to rearrange relations to rearrange relations between majority and minority after the end of long between majority and minority after the end of long authoritarian rule.authoritarian rule.

Any solution is complicated, and it usually takes many Any solution is complicated, and it usually takes many years until a years until a mutually acceptable solutionmutually acceptable solution is achieved. is achieved.

Majority and minority Majority and minority relationsrelations

Recognition of Recognition of special statusspecial status for the particular for the particular minority and acknowledgement of minority and acknowledgement of special special rightsrights;;

Creation of a Creation of a full civic societyfull civic society, where , where nationality and religion play no role;nationality and religion play no role;

SeparationSeparation of the minority’s territory from the of the minority’s territory from the mother state;mother state;

Attempts at Attempts at non-violent assimilationnon-violent assimilation of the of the minority;minority;

Only the first two solutions are democratic. The Only the first two solutions are democratic. The 3rd and 4th solutions are acceptable under 3rd and 4th solutions are acceptable under certain circumstances.certain circumstances.

Transition Steps Transition Steps

The fall of the previous regimeThe fall of the previous regime Dialogue between an organized opposition Dialogue between an organized opposition

and the regime about the transition process. and the regime about the transition process. Temporary transitionTemporary transitionaal institutional changesl institutional changes.. Restoration of party pluralismRestoration of party pluralism.. Passing a package of the new “Passing a package of the new “liberalizationliberalization” ”

laws (law on political parties; electoral law; laws (law on political parties; electoral law; the bill of rights and frthe bill of rights and freeedoms)edoms)..

The first free electionsThe first free elections.. AAdoption of a new constitution.doption of a new constitution.

The Civic Forum took a The Civic Forum took a moderate stancemoderate stance towards towards the Communist Partythe Communist Party

The Communist Party was The Communist Party was not outlawednot outlawed

The high officials of the communist regime were The high officials of the communist regime were not prosecutednot prosecuted for the crimes they committed in for the crimes they committed in office (problematic)office (problematic)

Democratization went forward Democratization went forward without major without major oppositionopposition by the communists. by the communists.

Problem: Problem: the communist party the communist party was not forced to was not forced to reformreform and continues to exist as a major factor in and continues to exist as a major factor in the Czech party system. the Czech party system.

Democratization and Democratization and transitional justicetransitional justice

Transitional Institutional Transitional Institutional ChangesChanges

New members were co-opted into parliament from the New members were co-opted into parliament from the Civic Forum, and the most rigid communist Civic Forum, and the most rigid communist representatives were pushed out. representatives were pushed out.

Free elections could not be conducted immediatelyFree elections could not be conducted immediately, , and so the cooptation of representatives was the only and so the cooptation of representatives was the only solution. solution.

The thus-altered Federal Assembly elected Havel as The thus-altered Federal Assembly elected Havel as President of Czechoslovakia (Dec 1989).President of Czechoslovakia (Dec 1989).

The The first free electionsfirst free elections to the parliament were held to the parliament were held (proportional representation; mandate threshold) (proportional representation; mandate threshold) (1990)(1990)

The The first local electionsfirst local elections brought democratic principles brought democratic principles to the local and community level (the end of 1990). to the local and community level (the end of 1990).

New lawsNew laws

The law on political partiesThe law on political parties;; A new electoral lawA new electoral law;; Restitution law – this law returned property Restitution law – this law returned property

that was nationalized by the communists to that was nationalized by the communists to its original owners or their descendants;its original owners or their descendants;

Privatization law – important in the Privatization law – important in the transition from planned to market economy;transition from planned to market economy;

A series of laws enabling economic reform;A series of laws enabling economic reform; The Bill of Basic Rights and Freedoms The Bill of Basic Rights and Freedoms

became part of the constitutionbecame part of the constitution

New lawsNew laws

Lustration law – bans persons who actively took part Lustration law – bans persons who actively took part in the functioning of the communist regime from in the functioning of the communist regime from serving in public and state office; serving in public and state office;

Subordinating the army and police to civilian political Subordinating the army and police to civilian political control;control;

Laws that set the conditions for a free media;Laws that set the conditions for a free media;

A constitutional court was added to the judicial A constitutional court was added to the judicial system;system;

The climax of this early phase of democratic The climax of this early phase of democratic transformation was the adoption of the new transformation was the adoption of the new constitution.constitution.

The new constitution – basic The new constitution – basic principlesprinciples

Key document for a functioning democratic state:Key document for a functioning democratic state:

It describes the It describes the basic institutionsbasic institutions of a of a democratic state and the relationships between democratic state and the relationships between them;them;

It contains the It contains the basic principlesbasic principles on which the on which the state and its political and social systems are state and its political and social systems are based;based;

It sometimes contains a catalogue of It sometimes contains a catalogue of basic basic human and civic rights and freedomshuman and civic rights and freedoms. .

The basic principles of the Czech The basic principles of the Czech constitutionconstitution

Preamble and the Article 1Preamble and the Article 1::

Sovereignty of the peopleSovereignty of the people – political power is – political power is in the hands of the people; exercised through in the hands of the people; exercised through elected representativeselected representatives

Democratic form of stateDemocratic form of state – the people directly – the people directly (through the referendum) or indirectly (through (through the referendum) or indirectly (through elections) take part in the political process;elections) take part in the political process;

Rule of lawRule of law – the state and its organs must – the state and its organs must observe the laws that apply to citizens;observe the laws that apply to citizens;

Unified state Unified state –this principle does not exclude –this principle does not exclude the idea of federalization of the state.;the idea of federalization of the state.;

Basic human rightsBasic human rights – the state recognizes and – the state recognizes and defends fundamental rights and freedoms.defends fundamental rights and freedoms.

Article 2 of the constitutionsArticle 2 of the constitutions

Legitimacy of state powerLegitimacy of state power – legitimacy – legitimacy means government with the consent of the means government with the consent of the governed. Legitimacy is gained through governed. Legitimacy is gained through regular elections;regular elections;

Separation of powersSeparation of powers – the classic division of – the classic division of powers is executive (government, head of powers is executive (government, head of state), legislative (parliament), and judicial (the state), legislative (parliament), and judicial (the system of independent courts) –horizontal system of independent courts) –horizontal division of powers. division of powers.

There is also the There is also the vertical division of powersvertical division of powers – – decentralization or federation. decentralization or federation.

Articles 5 and 6 of the Articles 5 and 6 of the constitution constitution

Free competitionFree competition among political parties among political parties..

Respect for fundamental democratic principles in Respect for fundamental democratic principles in the pursuit of political goals, and the the pursuit of political goals, and the rejection rejection of violenceof violence as an instrument of politics as an instrument of politics..

Majority ruleMajority rule – decisions are therefore taken by – decisions are therefore taken by means of free voting (in the government, means of free voting (in the government, parliament, etc.) in which the majority rulesparliament, etc.) in which the majority rules..

Protection of the minoritiesProtection of the minorities –ethnic, national, –ethnic, national, religious, or political. religious, or political.

Human Rights and Civic Human Rights and Civic FreedomsFreedoms

The concept of human rights and civic freedoms has its roots in the idea of natural law.

Human rights are rights that each person possesses just because he is a human being.

These rights are not granted to him by anyone, and therefore cannot be taken away by anyone.

Respect for human rights and civic freedoms is one of the basic properties of democracy.

Constitution and Bill of RightsConstitution and Bill of Rights

In democratic societies a bill of rights and In democratic societies a bill of rights and freedoms may either be freedoms may either be built directly into built directly into the constitutionthe constitution, or it can , or it can exist as an exist as an independent lawindependent law of constitutional nature. of constitutional nature.

Authoritarian regimes do not acknowledge citizens’ rights at all, or do so very selectively. Citizens cannot seek redress for their violation in the courts.

Bill of Fundamental Rights Bill of Fundamental Rights and Freedomsand Freedoms

The Czech Bill of Fundamental Rights and Freedoms The Czech Bill of Fundamental Rights and Freedoms recognizes the following types of rights and recognizes the following types of rights and freedoms:freedoms:

The basic The basic universal human rights and freedomsuniversal human rights and freedoms;; Political rightsPolitical rights;; Rights of national and ethnic minoritiesRights of national and ethnic minorities..

Basic rights and freedoms Basic rights and freedoms apply for everyoneapply for everyone regardless of sex, race, skin color, nationality, regardless of sex, race, skin color, nationality, language, faith, religious confession, political language, faith, religious confession, political opinions, social origin and status, or property.opinions, social origin and status, or property.

Universal Human Rights and Universal Human Rights and FreedomsFreedoms

1.1. each person has a each person has a right to liferight to life (there is no death (there is no death penalty);penalty);

2.2. the the inviolability of persons and their privacyinviolability of persons and their privacy (prevents police abuse);(prevents police abuse);

3.3. personal freedompersonal freedom is guaranteed (no one can be is guaranteed (no one can be prosecuted or deprived of freedom unless in prosecuted or deprived of freedom unless in accordance with the law; a detained person must be accordance with the law; a detained person must be either accused or freed within 48 hours; a person either accused or freed within 48 hours; a person cannot be detained without reason; only a court can cannot be detained without reason; only a court can decide whether to hold someone);decide whether to hold someone);

4.4. no one can be subjected to no one can be subjected to forced laborforced labor;;5.5. each person has the each person has the right to human dignityright to human dignity, , personal personal

honorhonor, and good repute – a person can appeal to the , and good repute – a person can appeal to the court in case of slander. court in case of slander.

Universal Human Rights and Universal Human Rights and FreedomsFreedoms

6.6. the right to own property; property is protected the right to own property; property is protected by law;by law;

7.7. a private dwelling is inviolable; it cannot be a private dwelling is inviolable; it cannot be entered without the agreement of the person who entered without the agreement of the person who lives there; exceptions (such as police search of lives there; exceptions (such as police search of residence) are allowed only according to the lawresidence) are allowed only according to the law

8.8. secrecy of correspondence is guaranteed;secrecy of correspondence is guaranteed;

9.9. freedom of movement and residence is freedom of movement and residence is guaranteed;guaranteed;

10.10. freedom of thought, conscience, and religion are freedom of thought, conscience, and religion are guaranteed, as is academic and artistic freedom.guaranteed, as is academic and artistic freedom.

Political RightsPolitical Rights

1.1. freedom of expressionfreedom of expression is guaranteed; each person can is guaranteed; each person can express their opinions in accordance with the law;express their opinions in accordance with the law;

2.2. citizens have a citizens have a right to informationright to information – special laws and – special laws and regulations require state and local organs to provide regulations require state and local organs to provide information in practice;information in practice;

3.3. censorship is impermissiblecensorship is impermissible;;

4.4. the the right to petitionright to petition is guaranteed – anyone can turn is guaranteed – anyone can turn with their complaints or demands to any state with their complaints or demands to any state agency; however, cannot demand things that are in agency; however, cannot demand things that are in conflict with the Bill of Fundamental Rights and conflict with the Bill of Fundamental Rights and Freedoms;Freedoms;

Political RightsPolitical Rights

1.1. also guaranteed is the also guaranteed is the right to peaceful assemblyright to peaceful assembly; ; demonstrations and assemblies must be announced, demonstrations and assemblies must be announced, however;however;

2.2. citizens have the citizens have the freefreedomdom of of associationassociation, and to , and to found found political partiespolitical parties and movements as well as and movements as well as non-political non-political groupsgroups; ;

3.3. citizens have the citizens have the right to elect right to elect their representatives, their representatives, and they can also and they can also run in electionsrun in elections;;

4.4. the Bill of Fundamental Rights and Freedoms the Bill of Fundamental Rights and Freedoms guarantees guarantees universal, equal, direct, and secret votinguniversal, equal, direct, and secret voting rights;rights;

5.5. citizens have the citizens have the right to resist right to resist anyone who would anyone who would overthrow the democratic order of human rights and overthrow the democratic order of human rights and fundamental freedoms. fundamental freedoms.

Rights of National and Ethnic Rights of National and Ethnic minorities:minorities:

The Bill of Fundamental Rights and Freedoms also The Bill of Fundamental Rights and Freedoms also guarantees the rights of national and ethnic guarantees the rights of national and ethnic minorities:minorities:

the right to the right to educationeducation in their in their native languagenative language;; the right to the right to use their languageuse their language in dealing with in dealing with

state agencies;state agencies; the right to the right to take part in decision-makingtake part in decision-making

concerning national and ethnic minorities.concerning national and ethnic minorities.

THANK YOU THANK YOU