Weekly Briefing, Vol. 26, No. 1 (CZ), February 2020
An Unexpected End of One Life and Political Story
The beginning of a new year was marked by several significant events and clashes on the Czech political scene. A personal change was made in the Government by the Prime Minister Andrej Babiš which led to a strengthening of a position of a current vice PM who has occupied two Ministries at this moment. Nevertheless, I will draw attention to two other important events. First, I will recall the Senate chairman Jaroslav Kubera who passed away suddenly, summarising his life and work. Second, I will analyse a political battle for the Public Defender of Rights office, whose head will be elected in February, in relation to a nomination of a former Minister of Justice Helena Válková who was forced to give up her candidacy, a related affair being a proof that the communist past of our country still remains to be a relevant topic which contributes to a division of the society and enters into a political and social discourse considerably.
The Senate chairman passed away
On the 20th of January, Jaroslav Kubera, the Senate chairman and thereby the second highest representative of the Czech Republic after the President, passed away at the age of 72. He was the first top level representative who died carrying out his position since 1993. Kubera was one of the most prominent members of the right-wing Civic Democratic Party (ODS) and became famous for his successful governance in Teplice, a statutory city in the Ústí nad Labem Region (and the second largest spa town in the country), as well as for his somewhat controversial, open, frank and direct statements and communication style. He ran Teplice between 1994 and 2018, being a senator since 2000 without any intermission. Kubera managed to succeed in every Senate election in which took part, which is unprecedented in the Czech political milieu. In 2016 he was elected a vice-chairman of the upper chamber of the Parliament and subsequently, two years later, he became its chairman.
Prior to the Velvet Revolution in 1989, Jaroslav Kubera joined the Communist Party of Czechoslovakia in connection with a reformist shift called the Prague Spring in 1967 and 1968, which was suppressed by the Soviet-led invasion of the Warsaw Pact armies. He then returned to the politics after the emergence of the independent Czech Republic. His views were based on an uncompromising defence of freedom and individual rights which led him to harsh criticism of the current model and politics of the European Union, opposing the Treaty of Lisbon, which was signed in 2007 and entered into force in 2009. Kubera was popular for his undogmatic stances and critical, yet humorous remarks on political correctness, feminism, environmental movement (which he labelled „eco-terrorist“), social media or anti-smoking campaigns.
After being elected the Senate chairman, he decided to restore a tradition of the New Year´s speech, which had been interrupted by the incumbent President Miloš Zeman who changed the date of the President´s address, moving it from the New Year to the Saint Stephen´s Day. On the first day of this year, Kubera touched upon his traditional topics. He stressed the need for direct, face-to-face communication between politicians and people, which has been increasingly sidelined by media campaigns. Furthermore, he draw attention to different kinds and sources of attacks against freedom, mentioning political correctness and growing fear of open discussion, “green tsunami”, environmentalist activism and “green” business, which misuses of the existing problems connected with the climate change for their particular interests. In addition, Kubera warned against “hysteria” and “a paranoid atmosphere” which continued spreading out last year. He pointed to the fact that the topic of China and Russia, presented as arch-enemies by some politicians, activists, journalists and experts, became primarily a means of the domestic political struggle. Besides, Kubera rejected criticism towards the Senate, advocating both his significant and positive role in the Czech constitutional system. Implicitly, he opposed the President Miloš Zeman who has lambasted the upper chamber repeatedly. In the end of his speech, the Senate chairman proclaimed that our country is experiencing her best period in the modern era manifesting itself in an unprecedented level of prosperity and that we are not threaten by anyone imminently.
In response to his decease, an overwhelming majority of the Czech political scene appreciated Jaroslav Kubera´s political work and his character. Many politicians stated that they had valued and respected his attitudes, opinions and sense of humour, albeit disagreeing with him in many cases. They emphasised his authenticity, common sense, friendliness, fairness as well as resistance to ephemeral political and social fashion waves. On the 3rd of February, state mourning was declared. After that, the senators started to discuss the question of Kubera´s successor on the position of the Senate chairman. There are two candidates from whom one is likely to be elected in the course of February – a chairman of the Civic Democratic Party´s club in the Senate Miloš Vystrčil and the incumbent Senate vice-chairman Jiří Růžička (independent). According to an agreement following the last election, the upper chamber is to be headed by a representative from the Civic Democratic Party in this term. Since then, nevertheless, a number of members of individual clubs has changed slightly so nothing is ultimate in this regard right now.
A battle for the ombudsman
A lively discussion about a prospective ombudsman or the Public Defender of Rights was taking place in January. The ombudsman´s major role is to protect people against a conduct of authorities and institutions not corresponding with the law and principles of the liberal democracy. In addition, the ombudsman promotes the right to equal treatment and protect citizens against discrimination. The term of office of the incumbent Defender of Rights Anna Šabatová, lasting since 2014, will be over in February. She was expected to be succeeded by Helena Válková, an important member of the ruling ANO movement, former Minister of Justice (2014–2015), member of the Chamber of Deputies (since 2013) and chairman of the Government Council for Human Rights (since 2019). Being an erudite lawyer and university professor, she was nominated by the President Miloš Zeman for the Defender of Rights´ position in December last year. Candidates are nominated by both the President and the Senate and subsequently approved by the Chamber of Deputies.
In spite of her qualifications, Válková started to be criticised by some politicians and NGOs especially for her long-time membership in the Communist Party of Czechoslovakia prior to 1989 and proximity to the Prime Minister Andrej Babiš and the President Zeman. According to their opponents, these facts made her candidature unacceptable. A media campaign was stirred up against Válková, culminating with her scandalisation based on an academic article published in the end of 1970s whose co-author was a procurator and judge Josef Urválek, notorious for his role in the 1950s trials. In response to the campaign, she decided not to accept the President´s nomination. Whereas a part of the ANO movement continued supporting her candidature, the ANO´s government coalition partner Social Democratic Party refused such a nomination, some opposition parties as well as the Social Democratic Party chairman and deputy PM Jan Hamáček even called for her resignation from the Government Council for Human Rights. The PM recommended Válková to give up the nomination, endorsing, at the same time, her activities in the Government Council. The President Zeman subsequently welcomed Válková´s decision. Zeman stressed that there was no problem with her membership in the Communist Party as such but with the Urválek´s co-authorship, which is indefensible, and her unsatisfactory communication concerning this issue. Just as the PM Andrej Babiš, Zeman expressed his support for Válková´s participation in the permanent advisory body to the Czech government in the field of the protection of human rights and fundamental freedoms. The Government Council discussed the affair and Válková´s possible removal from the chairman post but the majority of members supported her, appreciating her contribution to promoting human rights agenda and improving operation of the Council itself. The Prime Minister respected the attitude of the Council confirming that the government had been prepared to remove Válková from office in case of a corresponding Council´s decision.
Thus, the question is who will replace the current ombudsman. The President has already nominated eighty one year old Stanislav Křeček, a former social democratic deputy (1998–2013), who also performed a post of deputy of the Defender of Rights between 2013 and 2019. Other two candidates have been nominated by the Senate, namely Vít Alexander Schorm, a lawyer and the Czech Republic´s representative at the European Court of Human Rights, together with an advocate Jan Matys. In any case, Stanislav Křeček is the most probable winner of this political battle. According to the President Zeman, he has the highest competence, qualifications and expertise as well as sufficient experiences and a clear vision of the office. On the other hand, in 2019 the President endeavoured to push through his plan as to Stanislav Křeček would continue working on the position of a deputy of the current ombudsman but the Chamber of Deputies did not expressed its consent. The incumbent Defender of Rights Anna Šabatová does not consider Křeček to be “a right candidate”, his nomination calling “an unhappy choice”. In the past, Šabatová got into an argument with her deputy in connection with cases they were to solve. Undoubtedly, both of them represent different attitudes towards the office of the Public Defender of Rights and its role in society. While the incumbent ombudsman´s orientation can be described as liberal-progressivist, Křeček can be considered a traditional social democrat with some conservative characteristics. It seems that electing of such a candidate would improve reputation of the office among the public and strengthen its authority.