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Xenophobia: a Catalyst of Hate Speech in Slovakia and Slovenia

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Xenophobia: a Catalyst of Hate Speech in Slovakia and Slovenia XENOPHOBIA: A CATALYST OF HATE SPEECH IN SLOVAKIA AND SLOVENIA © Andrej Školkay1 1. INTRODUCTION2 This paper discusses hate speech as a result of xenophobia in the two newly independent small Central European states, Slovakia and Slovenia, since their independence in 1993 and 1991/1992 respectively. It seems that xenophobia and intolerance in general are the major cause of racism, ethnic hatred, anti-Semitism, Islamophobia and fascism. Why is it interesting or important to focus on these two states and two nations? First of all, it is instructive to know how these states deal with two relatively new, small nations that always have sensitive and often controversial issues of this kind. Second, we can find more historical and political similarities than differences between Slovakia and Slovenia: Similarities - common history in the Habsburg Empire and thus part of the multinational empire until the end of 1918 - national evolution started in the middle of the 19th century - identical basic state mythology that is a 1000 year old dream of independence - stress on preservation of national distinctiveness - language as the key element in culture - part of confederal/federal states until early 1990s - crossroad of cultures but before the modernization localized. Originally the culture was largely peasant-based without significant bourgeoisie (or people who live in larger towns) - dominant Catholicism and socially conservative societies (the result of unsuccessful reformation or rather successful counter-reformation) 1 University of Sts. Cyril and Methodius, Faculty of Mass Media Communication, Nám. J. Herdu 2, 917 01 Trnava, Slovakia. E-mail: [email protected], [email protected] 2 This research was made possible through the grant of the Peace Institute in Ljubljana, Slovenia. My special thanks to Program Director Brankica Petkovič and Saša Lubej. - small nations that gained full independence in 1990s (in Slovakia also in 1939-1945, but this was quasi-indpendence under German tutelage) - national independence of both countries might not have been achieved if political reforms of federations would have been performed on time - strong impact of long-time dominant foreign culture or at least strong impact of a bigger nation(s) (Austro-German in the case of Slovenia, Hungarian and later Czech in the case of Slovakia) - origins of civil society in alternative movements: the punk movement in 1977 in Slovenia and in green as well and the Catholic movement in 1988 in Slovakia - the issue of democracy and nationalism came often in conflict throughout the history - most recently tendency towards a rule by parties (party-ocracy), formations of clienteles and clans even at the level of larger civil society organizations due to dominance of personal connections in social life. Differences - the most economically developed (Slovenia) versus the least (or less) developed (Slovakia) part of the federation - clerical versus liberal pattern (or according to some, Catholic versus Socialist pattern) in Slovenia, and nationalist-populist versus conservative-liberal (but with clerical versus liberal value conflict in background) in Slovakia - predominantly an ideology based politics in Slovenia versus more personalized politics (phenomenom Mečiar) in Slovakia - almost homogeneous Slovenian society versus large minorities (10.48 percent Hungarians and officially 1.42 percent Roma, but scientific estimates are as high as 9.5 percent, which would be highest percentage of Roma population among all East European countries) in Slovakia (85.58 percent ethnic Slovaks) - well-managed economic reform in Slovenia versus less successful (but not total failure) of economic reform in Slovakia It is clear that there are more striking historical and cultural similarities than differences, while at the political and economic level, and in some aspects at the cultural (or ethnic) level there seem to be significant, if not crucial differences. The question then is to what degree, if at all, are these similarities and differences reflected in xenophobia in general and in hate speech cases in particular as well as in the legal regulation of hate speech in both nations since their independence? 2 This study will comparatively analyze hate speech using the empirical-analytical approach. This approach tries to avoid normative evaluations and has the advantage of using both the ideograph (historical) perspectives for some partial research tasks (e.g. for analysis of political culture), as well as the systematic approach, i.e. generalizations about some regularity (e.g. in legal regulation). This is also a case study research in a comparative perspective. The case study research focuses on the investigation of relatively a small number of cases. This allows for more information and a larger number of features to be gathered for each case. The main concern is with understanding the cases studied (see Gomm, Hammersley and Foster 2000). The focus here is on the cases and causes of hate speech, with special emphasis on the media (reporting and "manufacturing" news) and attitudes of politicians and public figures towards these issues. The strength and role of civil society organizations are also in our focus. Björgo (2000, 369) has suggested that there are 14 actors that are involved in responding to racist violence (which usually includes, and certainly often follows hate speech). The main focus is on the following actors: the public at large, the media, the public figures and civil society organizations and politicians and legal system. Various cases of, for example, hate graffiti "speech" will not be dealt with in this work. The main problem was a lack of systematic, if at all television broadcast analysis in Slovenia. This lack of television analysis is typical for social sciences in general. It is difficult (time-consuming and expensive) to monitor and analyze television broadcasts. Yet, it is precisely television that undoubtedly influences most of the public in developed countries. Fortunately, Slovakia is somehow an exception in this area. The more general and usual problem with this type of case study is difficulty in comparing various, often strictly speaking incompatible, data. 2. MEDIA AND FREEDOM OF SPEECH In theory as well as in practice, there are significant differences among political and legal cultures. For example, the US Supreme Court ruled in the early 1990s that it was legal when a man burned a cross in front of a house where Afro-American families lived (a kind of Ku-Klux-Klan activity). The Court preferred freedom of expression before the right to protection against possible hate speech. The explanation given was that it was racist but not illegal. If this act, however, would cause violence than it would be illegal, the 3 Supreme Court argued. Similarly, an earlier decision by the US Supreme Court freed a man, a Ku-Klux-Klan member, who on a television broadcast had said, "Negroes should go back to Africa and Jews back to Israel.” In contrast, the European Court of Human Rights ruled that Germany has the right to ban exhibiting Nazi posters on the streets (Orlin 1994, 12-15). The practice in the US is understood in the following terms: even though inviting a dispute is an acceptable objective of speech, when speech passes beyond dispute and creates the danger of a breach of the peace, it is not longer protected and can be punished. This means that speech is protected unless shown to produce a clear and present danger of a substantive evil that rises above public inconvenience, annoyance or unrest. The principle that speech that creates a danger of disorderly conduct may be punished applies even though the audience is only one person. The test of the content is what men of common intelligence would understand would be words likely to cause an average addressee to fight. It is not important what a particular addressee thinks (Leahy 1994). The European Court of Human Rights following ideas expressed in the European Convention of Human Rights argues that the very essence of hate- speech is in opposition to the principles of a democratic society. The Court turned down all rare demands for the protection of hate speech under Article 10 of the Convention. European standards protect only opinions that represent a creative contribution to the public debate and enhance understanding and tolerance among people by presenting various points of views on specific issues (Kovačič 2001). This should not be confused with higher protection given to political speech in Europe. Yet the US legal system protects many statements that in Europe would be seen as extremist and therefore forbidden (Hart 2002). Clearly, there are two different opinions on the limits of freedom of speech and tolerance in general. These legal opinions are formed by a different system of values (see Seiler and Seilerová 1997). Another difference between US and Europe (or rather between the European Court and the US Supreme Court) was the asymmetrical treatment of the print and broadcast media with respect to the coverage of controversial issues of public importance until 1987 in the US. The broadcast media in the US were required to devote a reasonable amount of time to this coverage and to do so fairly. In addition, the US radio and television stations still must provide free reply time to those attacked in station broadcast. This duty did not and does not apply to the press (Mills 1994, 126-127). 4 Slovakia and Slovenia will soon join the European Union. At that time, or soon afterwards, there will probably be adopted a Charter of Basic Rights of the citizens of the EU. Then further problems will arise. Although this charter clearly states that it can not be used as abridging freedoms and rights stated in European Convention of Human Rights (both Slovakia and Slovenia are members of the Council of Europe), the European Court of Justice (in Luxembourg) has already made a different decision (in other matters) than the European Court of Human Rights (in Strasbourg) (Sander 2001).
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