When I started to write about these issues, I found two main difficulties. First, there is no word for the English term Public policy in the Slovak language. We could translate it as "politika o veciach verejnych" - as a politics about Public affairs.

The second problem is concerned with the transformation of Slovak society; no one can speak easily about public policy issues on a broader theoretical level without a certain temptation to report about daily events.

In the next part I will introduce Public policy artifacts in the area of NGO's, which is one of the fast developing areas in the framework of Civil Society.

For clarification, by the term Policy I mean "a course of action adopted and pursued by government, ruler, political party, etc". By the term Public I mean "a particular group of people with a common interest, aim" or action "done, made, for the community as a whole". (1)

Non-governmental organizations are located in the third sector, which is defined as an area independent from state and market. Nongovernmental organizations are working on a nonprofit basis. This means that their goals are not to produce profit but basically to assist and protect the aims of citizens.

Revolution in November 1989 Revolution didn't open space of Civil Society and non-governmental activities as a terra-nova but renew it.

Let me demonstrate it in a brief excurs on Slovak history.

During the 20th Century many regime changes accured within Slovak and Central European environment, they started in Austro-Hungarian Empire, Czechoslovak First Republic, Slovak Fascist State, Czechoslovak Republic 1945-48, Communist Czechoslovakia, Czechoslovakia after Soviet and Warsaw Pact Occupation in 1968, Federal Socialist Czechoslovakia, Federal Democratic Czechoslovakia, and currently Slovak Republic.

There have been eight currency reform and nine constitutions on territory of Slovakia. Country has experience with political systems as parliamentary democracy, a fascist regime, Stalinism,`normalization`, socialism and the post communist return to democracy.

Conservatives may say there was no tradition of nongovernmental organizations and Civil Society during these century. But there was - starting with various charitable, educational and bussines companies, voluntary-fire companies, sport associations in Austro-Hungarian Empire.

These societies were mostly located in towns. Between the First and Second World Wars "more than 16,000 associations existed in Slovakia".(2) In the Slovak totalitarian state (1939-1945) the number of associations was reduced by government regulation. The short period of post-war democracy in 1945-48 brought a renewal of nongovernmental associations. After 1948, where the communist owerthrow power, these numbers rapidly decreased and in 1959 the number of non-governmental organizations in Slovakia dropped to "16 with 492 branches". (3)

November 1989 was a break in this process. However, the situation had already started to change in the eightees.

There were three elements of these changes:

1. In Slovakia, as in Bulgaria, opposition people joined in the environmental movement which in Fall 1989 became one of the main leaders of changes. Their public policy Issues were of opposing the communist` environmental policy.

2. Activities of the clandestine church - their members` activities were directed against the official Church, against state atheist policy but also at preserving religious and human rights. The first public demonstration in Bratislava in March 1988 for religious and human rights was organized through catholic dissent.

3. People who publicly opposed the communist regime - their number was relatively small (they were only few Slovaks [10] who signed Charta 77) - protested against violation of human rights.

We could also mention the existence of independent groups among scientists, writers and artists--which in sociological terminology could be describe as "islands of positive deviation"(4).

Members of all these three groups were represented in the first democratic federal and national executive and legislative structure, and those people also participated in the rebirth of non-govermental sector.

A new period of history for NGO`s sector started after 1989. Following laws were approved by the Federal Parliament (1990-1992).

1. The laws concerning the associating of citizens - "provides that citizens have the right to associate and that such associations created are accorded the status of a legal person [legal subjectivity] upon registration with the Ministry of Interior".(5)

2. The law concerning foundations - where we could find the definition of a foundation: "Foundation is capital (founding financial resources and other property) which has the status of a legal person (legal subjectivity) which it obtains upon registering with the appropriate office of local governance".(6) Foundation resources "are to be used only for the purpose intended by the donors to promote the development of spiritual values, protection of human rights, protection of cultural monuments, humanitarian aims, and protection of the environmnent and nature".(7)

However, there are not tax allowance for non-profit organizations. They are "obliged to pay the same taxes as entrepreurial, profit-making legal entities. They are expected to pay tax on all activities which could make a profit".(8)

These issues may be solved in a standard democratic environment.

But in Slovakia the result of June elections in 1992 when the populists Movement for Democratic Slovakia [HZDS], and in the Czech Republic the right-wing Civic Democratic Party [ODS], won elections followed by the splitting of federal Czechoslovakia.

The Slovak Constitution of January 1993, "guarantees all citizens freedom of expression (in Article 26), the right of free assembly (in Article 28) and the right of association (Articles 29 and 37) and adopted the previous federal parliament legislation".(9)

In fact, the years between 1993 and today are characterised by the rise of majoritarian principles, following the "winner take all" rule. (10) This has been especially visible since the third Meciar comeback, when his movement won election in fall 1994.

New conflicts with the President, opposition and minorities have arisen - including government animosity towards non governmental organizations. Since Fall 1994, the Slovak government has been subjected to strong criticism from the European Union (diplomatic notes), the European Parliament and from the U.S. Government. What is the essence of this criticism ?

Although Slovakia is an associate member of the EU and member of the Partnership for Peace, its current governmental policy is not compatible with Western European political values. We could mention governmental minority policy, especially toward the Hungarian minority; we could inquire into how the current government is creating a national state, contrary to the reality of the multi-ethnic population in Slovakia; or we could mention the rule of the majority in Slovak Parliament and in whole country.

The Slovak Parliament approved controversial laws such as state language law, and a new criminal law. Privatization, for the government, means selling state property to politicaly obedient groups. The Slovak Information Service is constantly being abused by government.

In the next part, I will focus on government policy toward the third sector.

From a historical perspective, criticism of the non-governmental sector is not new. We can mention Jacobins and their animosity toward the existence of associations. "In the framework of the state there are no associations, there is only the interest of every individual and there is common interest", as stated in the La Chapelier Law. (11)

Bolshevics, fascists, authoritarians, all have been afraid of the existence of the non-governenmental sector, where citizens could freely associates themselves and exchange their ideas. We could add Milosevic`s decision to ban the Open Society Fund in Serbia in such as group.

Whats sort of criticism toward NGO`s has appeared in the Slovak government during the last two years ?

At the Economic Forum in Davos in Spring 1995, George Soros made some critical remarks addressed to the Slovak Prime Minister and his authoritarian policy in connection with similar policy of Milosevic and Tudjman. The Slovak National Party [SNS], which is in governmental coalition, characterised the Open Society Fund as an "enemy and even requested the General Prosecutor to review the activities of the foundation with the intention of banning its activity in Slovakia".(12)

The Open Society Fund (OSF) itself run projects such as a sending Slovak students, specialist and MP`s (including coalition deputies) abroad, financial aid for study abroad, support of cultural exhibitions, support projects in the area of the environment and prevention of drug and alcohol addiction, support of the Roma population - there have been more activities in support of Slovak culture than by OSFthan any of the domestic organizations.

It was no the only attack against the third sector. In Fall 1995, the Minister of Finance ordered financial control of all foundations. The Head of the Department for Privatisation in Parliament accused foundations of anti-Slovak and anti-state activities. "There are 10 000 questionable organizations in Slovakia" - he said in Parliament.

As an answer and defense, the NGO`s created the "Gremium of the Third Sector," a unique organization that brought together members of Slovak foundations and associations.

In August 1995, Gremium issued statements protesting the attempts to discredit voluntary civic activities, emphasising their usefulness for the development of Slovakia. The ambassador of the European Union in Slovakia, Mr. Zavos, supported the NGO`s when he said at the Stupava Conference on the Third Sector in August 1995, "Functional democracy and a market economy cannot exist in the long-term without many associations and organisations which are not controlled by the state or government".(13)

Also in October 1995, the European Union addressed a diplomatic note to the Slovak government, voicing its concern about the difficulties which rise from NGO`s activity.

The Government reaction consisted in a proposal to create a new Law on Foundations with following rules:

a) request double registration of foundations, depending on the foundation's activity--first a particular Ministry and then the Ministry of Interior register the foundation

b) request that all foundations have a basic amount of funding, which is 100 000 Sk(3000$) (14)

c) a ban on political activity

d) existence of foreign foundations in Slovakia will be treated differently than domestic foundations.

e) obligation to rotate all executive members of foundation

This law proposal was prepared without discussion with NGO`s representatives. Before Christmas 1995, NGO representatives finally received the proposal and had three days to send in their objections.

In January 1996, the "Gremium of the Third Sector" started the campaign "SOS" in order to fight preparation of a new Law on Founadations, and also with the aim of opening public discussion on the conditions of NGO`s existence in Slovakia. Since January 1996, they have organized many regional meetings around the country and succesfully managed to meet with the deputy Prime Minister. (However, the Vice Prime Minister was present only as a member of the Executive Council of one Foundation, not as a government representative).

There was only one result of this discussion - the deputy Prime Minister agreed to register foundations only once, with the Ministry of Interior. Despite NGO`s protests, the bill should come before Parliament in May 1996. Government representatives are arguing about a similar Czech Law proposal or about the German Law on Foundations. In fact, it looks as though goverment experts chose all the most repressive elements from various foundation laws and created one original domestic variant.

In relations between NGO`s and the state, there are more problems than those I mentioned. Certain suspicions still prevail toward spheres which exist and operate outside of government structures. There is distrust of the sources of their funding and financial management. A person such as a civil servant in a Ministry is often "unable to understand that something can exist and actually work independently of government".(15)

Let me tell you now about the formal structure of existing foundation in Slovakia their numbers and kind of activities:

Table 1,2,3,4,5. (16)

According to the NGO database compiled and published by SAIA-SCTS (Slovak Academic Information Agency - Service Center for the Third Sector), there are approximately 10,000 nongovernmental, non-profit organizations registered in Slovakia.

From the representative sociological research provided in 1995 by SAIA 60 % of all existing nongovernmental organizations appeared during the 1990-1995 period, 4.6 % organisations appeared during 1980 and 1989. 32 % of them did not state the year of their beginning. (Table 1)

The majority of nongovernmental organizations are located in Bratislava (34%), followed by Middle Slovakia (24%), Eastern Slovakia (21%) and Western Slovakia (17%). (Table 2)

Their fields of activity are primarily education and training, work with youth and children. There has been activity such as charity and social welfare, working with disabled people, environmental projects, and also working among national minorities.(Table 3)

Nongovernmental organizations employed over 3,500 full-time paid staff members, 1,500 part-time employees and approximately 380,400 volunters. In a country with a population of around 5 milion this is a remarkable number. (Table 4)

Conclusion:

1. Current problems

As I tried to show, it is not very easy to reach a collaborative partnership between the NGO sector and the current state in Slovakia. The new Law on Foundations proposal is creating conditions that make it difficult to register new and existing foundations (e.g financial basis). In a standard democratic environment, discussions are held in order to create specific condition for NGO`s through legislation, including the opportunity for business to offer part of their taxes directly to voluntary organizations or obligation to pay less taxes than profit-making legal entities.

As it clear, the existence of NGO`s in Slovakia is in danger.

2. Conclusion from sociological research provided by SAIA-SCTS in 1995:

First of all, a remarkable number--10 000--non-governmental organizations exist at the moment. The number of volunteers is also impressive. I mentioned 380,400 volunteers with some 5 millions inhabitants. Another positive aspect is the fact that the number of NGO`s is growing outside of Bratislava, which is an optimistic statement for the development of local democracy.

3. The importance of Western encouragement.

Foreign actors play an important role in supporting the existence of the third sector. We could mention cooperation between The Foundation for Civil Society based in New York and the United Agency for International Development, which offer grants for Slovak NGO`s. Twelve Slovak foundations received in March 1996 grants totalling 300 000 $.

The existence and importance of the nongovernmental sector is one of the basic values of civil society. The European Union diplomatic note and protest against current political developments in Slovakia demonstrated that if Slovakia wants to be a full member of all Western European structures, it has to share common political values, including freedom of associations.

4. Citizens participation

The success of the development of the nongovernmental sector depends on Slovak citizens' courage to support the "SOS" Campaign to change the new Foundation Law proposal and to run public discussion on the importance of the third sector`s existence. Authoritarian government can hardly succeed if citizens resist.

5. The U.S. inspiration

I can name two sources of possible inspiration from contemporary U.S. society. One is without doubt the liberal agenda, which deals with constitutionalism, rule of law, human rights and civil society. These issues are important to understand and develop in post-communist societies.

The second inspiration I have found in the political ideology called communitarianism.

Slovakia and other Central European Countries need a renewal both of individualistic and of communitarian values, rights of man and also preservation of traditional values, rule of law and also renewal of traditional communities.

When Alexis de Tocqueville wrote about Habits of the Heart in America, he saw people getting involved in politics, creating and participating in their own communities without state interference.

"Get involved" might be a message from the USA to the people of the the postcommunist countries of Europe--including Slovakia.