1989. január (1-18. szám) / HU_BFL_XIV_47_2

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Editor: György Krassó » 24/D Little Russell Street * London, WC1A 2HN * Tel. 01-430 2126 (írom abroad 441-430 2126)

11/1989 (E) 12th January, 1989

M.P.s Sien "Blank Gheque11

On January lOth, the first day of the re sünied pariiamentary se s sión, M.P.s voted to modify the Hungárián Republic* s Constitution. After an introductory speech by the Minister of Justice a long debate took piacé conceming the future connection betveen the presiding judge of the Supreme Court and Parliament (the old regulation remains), the composition of constitutional courts and the new draft on the right to assemble and associate. Nov after more than a years debate a clear and lucid text has emerged: according to the constitution*s 6$. i "Everyone has the right to associate and assemble peacefully" and all restrictions planned previously have been lifted, fór example the stipulation conceming permission from the authorities and the reference to special legal regulations fór these rights.

However in these constitution modifying proposals, which were distributed in a written form, one particular point stands out, the change to 70 § Paragraph

(2) which concems national service. The modification concerns the much pro- mised possibility fór an alternative social service. The text of the proposals vas distributed to M.P.s bút this question was nőt debated and many M.P.s did nőt know that they were voting on it. What is more, only the unofficial parl- iamentary reports, appearing in a semi-legal papar.seemed to know what was being modified and how.

The constitution*s 70 8 Paragraph (2) new draft is as follows: "To do national service citizens are liable fór military service or a social service which replaces it in accordance with conditions stipulated in the law". On first hearing it seems as if the demands of the independent peace movements are being met. However this is nőt the case.

The new text of the constitution, unlike the regulations conceming the rights to assemble and associate, does nőt guarantee the right to conscientious objec- tion (as the U.N. Humán Rights Commitee*s decision does) bút stipulates a national service which is nőt yet determined. In the paragraph the words "in accordance with conditions stipulated in the law" are interpolated. What does this mean? That M.P.s have sanctioned a minor regulation by writing it intő the constitution, a minor regulation which does nőt even exist, and have thus written a blank cheque to low level authorities. If the decrees which regulate this social service (which is supposed to be debated in March) or even later legal modifications bind the social service to unjüst, serious conditions then they vili nőt be anti-constitutional as the constitution states that an alternative service must be "in accordance with conditions stipulated in the law". In Hungary the independent peace movement activists (as Tamás Perlaki immediately stressed) find this regulation which was voted fór in secret and in a great hurry totally unacceptable.

There is just one more point. If they have already modified the paragraph about national service in the constitution will it nőt be necessary to change Paragraph

(3) ? It reads "Any reduction of the state’s military forces will be severely punished by law". Is it nőt absurd in a period of disarmament negotiations, during a time when sabre rattling is hopefully coming to an end. Surely the aim is to restrict the military power of the state and states. And does nőt the new Paragraph (2) - the introduction of social service - "reduce" the miltary power of the state?

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