1. The Czech Republic’s Transition to Democracy By Vít Hloušek Educational Initiatives, CDK, November 2011

2. Transition in Central Europe The transition to democracy in Central Europe consisted of three processes: political democratization and social liberalization; political democratization and social liberalization; economic transformation; economic transformation; the building of a modern nation and state. the building of a modern nation and state.

3. Building a modern nation and state The end of communist authoritarian rule meant for many nations the achievement of national independence that was denied them for so many decades. The end of communist authoritarian rule meant for many nations the achievement of national independence that was denied them for so many decades. The process of democratization also awakened problems of religion, nationality, or ethnic identity. The process of democratization also awakened problems of religion, nationality, or ethnic identity. It is always a challenging task to rearrange relations between majority and minority after the end of long authoritarian rule. It is always a challenging task to rearrange relations between majority and minority after the end of long authoritarian rule. Any solution is complicated, and it usually takes many years until a mutually acceptable solution is achieved. Any solution is complicated, and it usually takes many years until a mutually acceptable solution is achieved.

4. Majority and minority relations Recognition of special status for the particular minority and acknowledgement of special rights; Recognition of special status for the particular minority and acknowledgement of special rights; Creation of a full civic society, where nationality and religion play no role; Creation of a full civic society, where nationality and religion play no role; Separation of the minority’s territory from the mother state; Separation of the minority’s territory from the mother state; Attempts at non-violent assimilation of the minority; Attempts at non-violent assimilation of the minority; Only the first two solutions are democratic. The 3rd and 4th solutions are acceptable under certain circumstances.

5. Transition Steps The fall of the previous regime The fall of the previous regime Dialogue between an organized opposition and the regime about the transition process. Dialogue between an organized opposition and the regime about the transition process. Temporary transitional institutional changes. Temporary transitional institutional changes. Restoration of party pluralism. Restoration of party pluralism. Passing a package of the new “liberalization” laws (law on political parties; electoral law; the bill of rights and freedoms). Passing a package of the new “liberalization” laws (law on political parties; electoral law; the bill of rights and freedoms). The first free elections. The first free elections. Adoption of a new constitution. Adoption of a new constitution.

6. The Civic Forum took a moderate stance towards the Communist Party The Civic Forum took a moderate stance towards the Communist Party The Communist Party was not outlawed The Communist Party was not outlawed The high officials of the communist regime were not prosecuted for the crimes they committed in office (problematic) The high officials of the communist regime were not prosecuted for the crimes they committed in office (problematic) Democratization went forward without major opposition by the communists. Democratization went forward without major opposition by the communists. Problem: the communist party was not forced to reform and continues to exist as a major factor in the Czech party system. Problem: the communist party was not forced to reform and continues to exist as a major factor in the Czech party system. Democratization and transitional justice

7. Transitional Institutional Changes New members were co-opted into parliament from the Civic Forum, and the most rigid communist representatives were pushed out. New members were co-opted into parliament from the Civic Forum, and the most rigid communist representatives were pushed out. Free elections could not be conducted immediately, and so the cooptation of representatives was the only solution. Free elections could not be conducted immediately, and so the cooptation of representatives was the only solution. The thus-altered Federal Assembly elected Havel as President of Czechoslovakia (Dec 1989). The thus-altered Federal Assembly elected Havel as President of Czechoslovakia (Dec 1989). The first free elections to the parliament were held (proportional representation; mandate threshold) (1990) The first free elections to the parliament were held (proportional representation; mandate threshold) (1990) The first local elections brought democratic principles to the local and community level (the end of 1990). The first local elections brought democratic principles to the local and community level (the end of 1990).

8. New laws The law on political parties; The law on political parties; A new electoral law; A new electoral law; Restitution law – this law returned property that was nationalized by the communists to its original owners or their descendants; Restitution law – this law returned property that was nationalized by the communists to its original owners or their descendants; Privatization law – important in the transition from planned to market economy; Privatization law – important in the 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 became part of the constitution The Bill of Basic Rights and Freedoms became part of the constitution

9. New laws Lustration law – bans persons who actively took part in the functioning of the communist regime from serving in public and state office; Lustration law – bans persons who actively took part in the functioning of the communist regime from serving in public and state office; Subordinating the army and police to civilian political control; Subordinating the army and police to civilian political 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 system; A constitutional court was added to the judicial system; The climax of this early phase of democratic transformation was the adoption of the new constitution. The climax of this early phase of democratic transformation was the adoption of the new constitution.

10. The new constitution – basic principles Key document for a functioning democratic state: It describes the basic institutions of a democratic state and the relationships between them; It describes the basic institutions of a democratic state and the relationships between them; It contains the basic principles on which the state and its political and social systems are based; It contains the basic principles on which the state and its political and social systems are based; It sometimes contains a catalogue of basic human and civic rights and freedoms. It sometimes contains a catalogue of basic human and civic rights and freedoms.

11. The basic principles of the Czech constitution Preamble and the Article 1: Sovereignty of the people – political power is in the hands of the people; exercised through elected representatives Sovereignty of the people – political power is in the hands of the people; exercised through elected representatives Democratic form of state – the people directly (through the referendum) or indirectly (through elections) take part in the political process; Democratic form of state – the people directly (through the referendum) or indirectly (through elections) take part in the political process; Rule of law – the state and its organs must observe the laws that apply to citizens; Rule of law – the state and its organs must observe the laws that apply to citizens; Unified state –this principle does not exclude the idea of federalization of the state.; Unified state –this principle does not exclude the idea of federalization of the state.; Basic human rights – the state recognizes and defends fundamental rights and freedoms. Basic human rights – the state recognizes and defends fundamental rights and freedoms.

12. Article 2 of the constitutions Legitimacy of state power – legitimacy means government with the consent of the governed. Legitimacy is gained through regular elections; Legitimacy of state power – legitimacy means government with the consent of the governed. Legitimacy is gained through regular elections; Separation of powers – the classic division of powers is executive (government, head of state), legislative (parliament), and judicial (the system of independent courts) –horizontal division of powers. Separation of powers – the classic division of powers is executive (government, head of state), legislative (parliament), and judicial (the system of independent courts) –horizontal division of powers. There is also the vertical division of powers – decentralization or federation. There is also the vertical division of powers – decentralization or federation.

13. Articles 5 and 6 of the constitution Free competition among political parties. Free competition among political parties. Respect for fundamental democratic principles in the pursuit of political goals, and the rejection of violence as an instrument of politics. Respect for fundamental democratic principles in the pursuit of political goals, and the rejection of violence as an instrument of politics. Majority rule – decisions are therefore taken by means of free voting (in the government, parliament, etc.) in which the majority rules. Majority rule – decisions are therefore taken by means of free voting (in the government, parliament, etc.) in which the majority rules. Protection of the minorities –ethnic, national, religious, or political. Protection of the minorities –ethnic, national, religious, or political.

14. Human Rights and Civic Freedoms 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.

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

16. Bill of Fundamental Rights and Freedoms The Czech Bill of Fundamental Rights and Freedoms recognizes the following types of rights and freedoms: The basic universal human rights and freedoms; The basic universal human rights and freedoms; Political rights; Political rights; Rights of national and ethnic minorities. Rights of national and ethnic minorities. Basic rights and freedoms apply for everyone regardless of sex, race, skin color, nationality, language, faith, religious confession, political opinions, social origin and status, or property.

17. Universal Human Rights and Freedoms 1. each person has a right to life (there is no death penalty); 2. the inviolability of persons and their privacy (prevents police abuse); 3. personal freedom is guaranteed (no one can be prosecuted or deprived of freedom unless in accordance with the law; a detained person must be either accused or freed within 48 hours; a person cannot be detained without reason; only a court can decide whether to hold someone); 4. no one can be subjected to forced labor; 5. each person has the right to human dignity, personal honor, and good repute – a person can appeal to the court in case of slander.

18. Universal Human Rights and Freedoms 6. the right to own property; property is protected by law; 7. a private dwelling is inviolable; it cannot be entered without the agreement of the person who lives there; exceptions (such as police search of residence) are allowed only according to the law 8. secrecy of correspondence is guaranteed; 9. freedom of movement and residence is guaranteed; 10. freedom of thought, conscience, and religion are guaranteed, as is academic and artistic freedom.

19. Political Rights 1. freedom of expression is guaranteed; each person can express their opinions in accordance with the law; 2. citizens have a right to information – special laws and regulations require state and local organs to provide information in practice; 3. censorship is impermissible ; 4. the right to petition is guaranteed – anyone can turn with their complaints or demands to any state agency; however, cannot demand things that are in conflict with the Bill of Fundamental Rights and Freedoms;

20. Political Rights 1. also guaranteed is the right to peaceful assembly; demonstrations and assemblies must be announced, however; 2. citizens have the freedom of association, and to found political parties and movements as well as non-political groups; 3. citizens have the right to elect their representatives, and they can also run in elections; 4. the Bill of Fundamental Rights and Freedoms guarantees universal, equal, direct, and secret voting rights; 5. citizens have the right to resist anyone who would overthrow the democratic order of human rights and fundamental freedoms.

21. Rights of National and Ethnic minorities: The Bill of Fundamental Rights and Freedoms also guarantees the rights of national and ethnic minorities: the right to education in their native language; the right to education in their native language; the right to use their language in dealing with state agencies; the right to use their language in dealing with state agencies; the right to take part in decision-making concerning national and ethnic minorities. the right to take part in decision-making concerning national and ethnic minorities.

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