ISSUE PAPER

HUNGARY: VIEWS OF SEVERAL SOURCES ON THE SITUATION OF ROMA

All the sources of information contained in this document are identified and are publicly available.

RESEARCH DIRECTORATE IMMIGRATION AND REFUGEE BOARD OTTAWA, CANADA 2

September 2001 i

This paper was prepared by the Research Directorate of the Immigration and Refugee Board on the basis of publicly available information, analysis and comment. All sources are cited. This paper is not, and does not purport to be, either exhaustive with regard to conditions in the country surveyed or conclusive as to the merit of any particular claim to refugee status or asylum. For further information on current developments, please contact the Research Directorate.

Research completed 25 May 2001 Additional research completed 13 September 2001 ii

Table of Contents

MAP ...... iv GLOSSARY...... vi 1. INTRODUCTION...... 1 2. ETHNIC AND SOCIAL STRUCTURE OF THE ROMA MINORITY...... 1 3. ATTITUDE OF THE POPULATION...... 3 4. OVERVIEW OF GOVERNMENT POLICIES AND THEIR RESULTS...... 5 4.1 Publicization of Government Programmes...... 6 4.2 Control of Spending and Results of Government Programmes...... 7 4.3 The Medium-Term Programme and the Long-Term Strategy ...... 8 5. SKINHEAD ATTACKS...... 9 6. THE ROMA AND THE POLICE...... 9 6.1 Treatment of Roma by the Police...... 9 6.1.1 Discrimination ...... 12 6.2 Police Initiatives...... 13 7. THE JUDICIAL SYSTEM AND LEGAL REPRESENTATION ...... 14 8. THE SYSTEM OF MINORITY SELF-GOVERNMENTS ...... 15 8.1 Elections...... 16 8.2 Relations Between Minority Self-Governments and Other State Bodies...... 17 8.2.1 Relations Between Minority Self-Governments and Local Governments...... 17 8.2.2 Relations Between the National Roma Self-Government and the Roma Local Self- Governments...... 18 8.3 Funding and Services Provided by the Roma Minority Self-Governments...... 18 9. EDUCATION...... 19 9.1 Overview ...... 19 9.2 Government Programmes...... 21 9.2.1 The Complementary Normative Subsidy...... 22 9.2.2 Scholarships...... 24 9.3 Segregation and Special Schools/Classes ...... 24 9.4 Non-Government Programmes ...... 26 9.4.1 Hostels ...... 27 9.4.2 Extra-Curricular Activities (Tutoring) ...... 27 10. EMPLOYMENT...... 28 10.1 Unemployment...... 29 10.2 Government Initiatives...... 30 10.2.1 Public Works...... 30 iii

10.3 Private and Non-Governmental Initiatives...... 31 10.4 Discrimination...... 31 11. HEALTH ISSUES ...... 32 12. SOCIAL ISSUES...... 32 12.1 Housing...... 33 12.1.1 Squatters ...... 34 12.2 Infrastructures...... 34 12.3 Social Assistance...... 34 12.4 Children...... 35 13. NON-GOVERNMENTAL ORGANIZATIONS...... 35 13.1 Roma Community Houses...... 36 NOTES ON SELECTED SOURCES...... 38 REFERENCES ...... 44

iv

MAP

Source: Merriam - Webster's Atlas. 2001. . [Accessed 17 Sept. 2001] v

vi

GLOSSARY

BECMIR: Bureau for European Comparative Minority Research IOM: International Organization for Migration MSzP: Hungarian Socialist Party (Magyar Szocialista Part, opposition) NEKH: Office for National and Ethnic Minorities NEKI: Legal Defence Bureau for National and Ethnic Minorities NRSG: National Roma Self-Government PHARE: (Poland and Hungary Action for the Restructuring of the Economy): The PHARE Programme is the 's initiative which provides grant finance to support its partner countries to the stage where they are ready to assume the obligations of membership of the European Union. UNHCR: United Nations High Commissioner for Refugees

1. INTRODUCTION

From 15 May 2001 to 25 May 2001, the Research Directorate undertook a field mission to Hungary during which 30 interviews were conducted with a selection of Hungarian ministerial officials, representatives from local governments, Roma national and local self-governments, foreign governments, international governmental and non-governmental organizations, Roma and non-Roma non-governmental organizations, and experts. For some of them, clarifications and further information were received subsequently through correspondence. Dates in the parenthetical references distinguish the sources of information. This paper updates and should be read in conjunction with several IRB publications, including the May 2001 Issue Paper Hungary: Government Actions to Improve the Situation of Roma in 2000-2001, HUN36432.E of 11 January 2001, HUN35936.E of 17 November 2000, HUN35685.E of 6 October 2000, HUN34766.E of 8 September 2000, HUN34791.E of 28 August 2000 and HUN33946.EX of 28 February 2000, as well as information provided in 1998 and 1999, all available in the IRB Regional Documentation Centres and on the IRB Website at . The opinions expressed in this paper are those of the specialists and do not necessarily reflect the views of the IRB or the Research Directorate.

2. ETHNIC AND SOCIAL STRUCTURE OF THE ROMA MINORITY

Although non-Roma regard the Roma as a homogeneous minority (Osztojkan 15 May 2001; Eros 21 May 2001), the Roma are characterized by an ethnic and social variety (Szabados 21 May 2001); for example with respect to level of education and living conditions (Kallai 24 May 2001). Despite this variety, Bela Osztojkan, a Roma writer, founder of the non-governmental organization Phralipe and vice-president of the National Roma Self-Government (NRSG), is unaware of any tensions among Roma groups and adds that mixed marriages between Roma groups do occur (15 May 2001). There are four main groups within the Roma minority in Hungary, namely the Hungarian Roma or Romungro, the Vlach Roma, the Beas Roma and the Sinti (Balogh 21 May 2001). The Romungro, who are considered to be the least disadvantaged of Roma groups (Kallai 24 May 2001), can be divided into two main sub-groups, namely the musicians and the craftsmen who used to work in the 2

construction industry, but are now unemployed (Balogh 21 May 2001). They tend to value education and consider a high school diploma necessary (Torzsok 24 May 2001). Beas Roma number between 25,000 and 30,000 and comprise wood workers, musicians and craftsmen (Balogh 21 May 2001). The Sinti arrived in Hungary from and France after World War II (ibid.). According to the estimate of Janos Balogh, the chair of the Association of Roma Culture and Traditions Amalipe, their current population ranges from 5,000 to 6,000 (ibid.). Most of them assimilated and a few of them work at fun fairs (ibid.). For more information about Roma's ethnic diversity, please read section 1.3 Language, Identity and Culture of the March 1998 IRB Issue Paper Roma in Hungary available at the IRB Regional Documentation Centres and on the IRB Website . There used to be a small Roma middle class mainly composed of musicians and construction businessmen, but its size has dwindled over time (Blanka 24 May 2001). According to Kozma Blanka, the chair of the Association of Roma Women in Public Life and a member of the Roma local self- government of 's 5th district, there remain between 30 and 50 families of Roma musicians across the country (ibid.). She also refers to a few Roma businessmen who thrive through political connections and their capacity to mobilize the loyalty of Roma voters in favour of these political connections (ibid.). The Roma minority has a small "intelligentsia" (Gesko 23 May 2001) which, according to Erno Kallai, a sociologist of the University of (Borsod-Abauj-Zemplen county, ) with a research interest in Hungarian Roma, is vulnerable to bribery and blackmail because of its poor financial situation (24 May 2001). Argentina Szabados, Chief of Mission of the IOM office in Budapest adds that the Roma minority in Hungary does not have a unified leadership (21 May 2001). Janos Balogh claims that non-Roma Hungarians fear a large Roma intelligentsia (21 May 2001). A small number of Roma women are involved in public life to defend the interests of Roma women (Blanka 24 May 2001). To explain this situation, Kozma Blanka claims that Roma women do not have the necessary training for this type of involvement (ibid.). In this regard, the Association of Roma Women in Public Life tries to identify talented Roma women and encourage them to become involved in public life (ibid.). 3

3. ATTITUDE OF THE POPULATION

Judit Berki, the president of Batonyterenye (Nograd county, northern Hungary) Roma Local Self-Government and the chair of County Roma Association, claims that Hungary is not experiencing a Roma/non-Roma conflict, but a social conflict (23 May 2001). Compared with the situation under socialism, Erika Torszok, the director of the Budapest-based Bureau for European Comparative Minority Research (BECMIR) and the co-editor of the 2000 report A Roma's Life in Hungary, claims that anti-Roma sentiments are stronger these days, saying for example that nobody would have heard parents complain about their children sitting beside a Roma child before the post-communist transition (24 May 2001). Every year, the Budapest-based Tarki Social Research Centre conducts a large-scale opinion poll among Hungarian households, which addresses among other things, minority issues (Eros 21 May 2001). Quoting results of this poll, Ferenc Eros, a psychologist and a member of the Institute of Psychology of the Hungarian Academy of Sciences, indicates that anti-Roma prejudice is more prevalent than anti-semitism in Hungary (ibid.). Elaborating on the extent of anti-Roma prejudice, Judit Berki argues that it exists in education, in employment, in housing, in social policy and in politics (23 May 2001). According to Ferenc Eros, non-Roma Hungarians hold that a lack of intelligence and criminal behaviour are hereditary characteristics of the Roma population (21 May 2001). These perceptions lead Hungary's population to believe that Roma along with immigrants from Russia, Ukraine and commit more crimes, especially thefts, than ethnic Hungarians (ibid.; Miklosi 23 May 2001). According to Burrat Husam, a lawyer working with the Siklosnagyfalu ( county, southern Hungary) Roma Local Self-Government, Roma are seen as the main cause of Hungary's post- communist economic problems (22 May 2001). According to Ferenc Eros, the emigration in July 2000 of a group of Roma from Zamoly (Fejer county, ) to France has "shocked" non-Roma Hungarians (21 May 2001) and caused, according to Jeno Kaltenbach, the parliamentary commissioner for National and Ethnic Minorities, also known as the Minorities Ombudsman, an increase in the negative atttitude towards a minority who

"betrayed" Hungary (15 May 2001)1. The most negative attitude has been observed in Budapest and its

1 For more information on this incident, please see "The Exodus of the Zamoly Roma" published in the 15 March 2001 issue of The Budapest Sun and available online at 4

surroundings, in particular , coinciding with a stronger support for the far right than elsewhere in Hungary (ibid.). Marton Varnai, founder of the Ethnic Forum of Pecs, claims that Hungarian media tend to echo stereotypes of Roma (22 May 2001). A study of the Hungarian press conducted between July and September 2000 shows that 10 per cent of the articles were openly anti-Roma (Kovats 21 May 2001). Sandor Gesko, a lawyer who is also the director of the Mediator Consulting & Training Office based in Nograd county (northern Hungary), contends that the government and non-Roma Hungarians do not like Roma (23 May 2001). Ferenc Eros and Sandor Gesko add that there is no stigma associated with being anti-Roma in Hungary (21 May 2001; 23 May 2001). According to Anna Csongor, the chair of the Autonomia Foundation or Hungarian Foundation for Self-Reliance, everyone wearing uniforms, such as police officers and railway workers, feels justified in speaking rudely to Roma (25 May 2001). According to Aladar Horvath, the chair of the Roma Civil Rights Foundation and of the Gandhi Public Foundation, Hungarian politicians consider the Roma as "aliens" or "half-animals" and tend to dehumanize them (23 May 2001). Jeno Kaltenbach claims that mainstream political parties always fear that they may lose votes if they are too pro-Roma (15 May 2001). Erika Torzsok is unaware of any call from the government to help the Roma or sympathize with them (24 May 2001). Eva Orsos, co-chair of the Budapest-based European Roma Rights Center (ERRC) Board of Directors, holds the government responsible for the constant increase in prejudice against the Roma (15 May 2001). Erno Kallai makes reference to anti-Roma statements made on the radio and on TV by high-level politicians (24 May 2001), including the Prime Minister (15 May 2001). According to Aladar Horvath, the government holds that the Roma will never become Hungarian despite their past efforts to assimilate (23 May 2001). According to Jozsef Gal, the vice-president of the National Roma Self-Government (NRSG), no Roma is "persecuted" in Hungary because of his or her ethnic origin (23 May 2001). According to Erno Kallai, segregation exists in every sector of society (24 May 2001). Aladar Horvath considers this phenomenon to be fueled by the government's discourse and to be the cause of Roma's poverty (23 May 2001).

[Accessed 15 March 2001]

5

While Erno Kallai notes the absence of "legal" discrimination against Roma in Hungary (24 May 2001), several sources point to everyday discrimination in every sector of society (ibid.; Csongor 25 May 2001; Furmann 21 May 2001). For example, Roma may face discrimination when buying tickets, looking for training opportunities (Csongor 25 May 2001), in bars (ibid., Kovacs Kosane 15 May 2001), or during graduation ceremonies (Kallai 24 May 2001). Gabor Miklosi, a journalist with the Budapest-based Roma Press Centre, indicates that there are municipalities where the Roma community have peaceful relations with other communities (23 May 2001). According to Mr. Miklosi, the key factor is the role of the local authorities, in particular the police (ibid.).

4. OVERVIEW OF GOVERNMENT POLICIES AND THEIR RESULTS

According to Imre Furmann, the founder and the executive director of the Legal Defence Bureau for National and Ethnic Minorities (NEKI) which aims to protect the rights of national and ethnic minorities living in Hungary, a discrepancy exists between the laws adopted and the decrees outlining their implementation (21 May 2001). Judit Berki adds that there is also a lack of harmony between new and existing laws and regulations (23 May 2001). There are two types of government programmes: the programmes funded jointly by the government and the European Union through the Poland and Hungary Action for the Restructuring of the Economy (PHARE), and the programmes funded solely by the government (Kovacs Kosane 15 May 2001). In the former case, the European Union is "significantly" involved in the development and the implementation of the programmes (ibid.). From a different perspective, Antal Heizer, the vice- president in charge of Roma affairs of the Office for National and Ethnic Minorities (NEKH), identifies three levels of government programmes: the one-year action plans of ministries, the medium-term programme and the long-term strategy (24 May 2001). There are a variety of opinions about government programmes. Existing programmes are considered to be "inadequate" (Szikinger 24 May 2001), underfunded given the complexity of the Roma situation (Furmann 21 May 2001), superficial (Horvath 23 May 2001; Kallai 24 May 2001) or with "good intentions" (Horvath 23 May 2001; Furmann 21 May 2001). According to Imre Furmann, the current level of spending will not bring the Roma to half the living standards of the rest of Hungary's population (ibid.). He adds that the government has decided not to address certain aspects of the 6

problem, which will worsen and therefore will make the solution more difficult and costly (ibid.).The government allegedly turns its Roma-targeting programmes into a "show" (Horvath 23 May 2001; Furmann 21 May 2001), which aggravates anti-Roma feelings (Horvath 23 May 2001). According to Aladar Horvath, when it distributes funding, the government takes into account the loyality shown by applicants to its actions (ibid.). A variety of factors are advanced to explain the government's policies. Although Zoltan Pecze, the head of the Department of Human Rights and Minority Law of the Ministry of Foreign Affairs, claims that the government policy towards the Roma is a priority (24 May 2001), Jeno Kaltenbach contends that the Roma issue is not a priority for the government, and that it therefore allocates left-over funds to programmes targeting Roma (15 May 2001). In addition, the government reportedly lacks a clear picture of the problems which the Roma experience (ibid.). According to Szilvia Lakatos Laboda, a professor of Romanes at the Romology Department of the University of Pecs (, southern Hungary) and president of the Catholic or Khetamipe Association, programmes targeting Roma fuel negative sentiment towards Roma among other Hungarians (22 May 2001). Aladar Horvath adds that this negative sentiment limits the amount that the government can spend on these programmes, as society perceives no changes in the situation of Roma despite the funds spent (23 May 2001). Spending more in this regard would result in a loss of votes in the next election (Horvath 23 May 2001; Gesko 23 May 2001) or protest (Eva Orsos 21 May 2001). Imre Furmann and Sandor Gesko believe that the situation of Roma cannot be improved within a four-year term of office (21 May 2001; 23 May 2001). 4.1 Publicization of Government Programmes

According to Magda Kovacs Kosane, a Hungarian Socialist Party (MSzP, opposition) member of parliament and the president of the Parliamentary Committee on Human Rights and Religious and Minority Affairs, there is a lack of information about government programmes (15 May 2001). Jeno Kaltenbach adds that the public knows more about programmes of non-governmental organizations than about government programmes (15 May 2001). Bela Osztojkan claims that foreign governments know more about government programmes than the Hungarian public (15 May 2001). For example, the Parliamentary Committee on Human Rights and Religious and Minority Affairs is unable to obtain any information on the medium-term programme (Kovacs Kosane 15 May 2001). Mr. Kaltenbach notes 7

that the government needs to change the way it publicizes its programmes, in particular its effort to arouse support for them (Kaltenbach 15 May 2001). Anna Csongor makes reference to an initiative of the NEKH, which received PHARE assistance to develop an information technology network among to make sure they have access to information about government programmes, in particular the ones related to training (25 May 2001). 4.2 Control of Spending and Results of Government Programmes

Non-governmental organizations and Roma self-governments denounce a lack of control over the realization of Roma-targeting programmes (Kaltenbach 15 May 2001). According to Magda Kovacs Kosane, given that these programmes are not identified as such in the state budget and that Act

LXIII of 1992 on Protection of Personal Data and Disclosure of Data of Public Interest2 and Act LXXVII of 1993 on the Rights of National and Ethnic Minorities3 prevent the registration of ethnic identity, it is difficult to know the amounts specifically allocated to these programmes (15 May 2001). Unaware of updated statistics on funds allocated to Roma-targeting programmes or of any mechanism that the government can use to monitor the allocated funds, Jeno Kaltenbach claims that the government uses Act LXIII to justify why it does not compile any statistics on these programmes, despite criticism voiced by the European Union (15 May 2001). However, Ron Korver, the Roma programme manager of the European Commission delegation to Hungary, notes that there is no consistency in the way ministries report the allocation of funds to Roma-targeting programmes (7 Aug. 2001). Despite the lack of statistics, Magda Kovacs Kosane contends that a relatively small percentage of government funds originally earmarked for Roma actually reaches Roma (15 May 2001). Erno Kallai observes that there are many references to funds, but no references to concrete results (24 May 2001). According to Aladar Horvath, the success of programmes at the local level depends on the attitude of local governments, on how organized Roma communities are, and on the level of support and legitimacy that Roma leaders enjoyed in Roma communities (Horvath 23 May 2001).

2 An English translation of the law is available on the Webpage of the Parliamentary Commissioner for Data Protection and Freedom of Information at . 3 An English translation of the law is available on the Webpage of the Parliamentary Commissioner for National and Ethnic Minorities Rights at . According to Andras Kadar, ethnic identity is "classified as highly sensitive personal datum" and can be collected only "in an anonymous and voluntary manner for scientific purposes" (7 Aug. 2001). 8

4.3 The Medium-Term Programme and the Long-Term Strategy

The realization of the medium-term programme is still underway (Bathory 24 May 2001), and its deadlines have been extended (Cahn 25 May 2001). In 2001, HUF9.4 billion (CAN$52.8 million)4 were expected to be allocated for the medium-term plan (Hende 15 May 2001). Although the allocations have been increased, Claude Cahn, the Research and Publications Director of the ERRC notes a lack of clarity and transparency in the spending of the funds (25 May 2001). According to Janos Bathory, the chair of NEKH, responsibilities should be more defined, measures more detailed, and reports more frequent (every six months) (24 May 2001). Mr. Bathory further notes that the setting of deadlines for completion of tasks is made difficult because some ministries work without deadlines (ibid.). The Interdepartmental Committee for Roma Issues is in charge of realizing the medium-term programme (Hende 15 May 2001). It comprises deputy ministers from ten ministries, the parliamentary commissioner for Ethnic and Minority Rights, the president of the National Roma Self-Government, a representative of the Gandhi Foundation, a representative of the European Union and representatives of non-governmental organizations (Hende 15 May 2001; Bathory 24 May 2001). At the ministerial level, the Committee meets four times a year to discuss progress (ibid.). All meetings are public and followed by a press conference (ibid.). Every ministry also has a director-general sitting on the Sub-Committee on the Long-Term Strategy which is working on a plan covering 20 years (Heizer 24 May 2001). The results of their work is expected to be submitted to Csaba Hende, the political state secretary of the Justice Ministry, who will present a report to the government (ibid.). Once the government has approved it, the Academy of Sciences will be mandated to organize a six-month consultation (ibid.). The objective of the government is to achieve an all-party support when the strategy is sent to parliament (ibid.). According to Antal Heizer, education is a priority of the long-term strategy (ibid.). The funding of the long-term strategy will include PHARE assistance (ibid.).

4 All currency conversions indicated in this paper are based on the 14 August 2001 rate with 1 Canadian dollar equal to 178 Hungarian forints (HUF) (Bank of Canada n.d.). 9

5. SKINHEAD ATTACKS

Several sources are unaware of any skinhead attacks on Roma in the last several years (Hende 15 May 2001; Csanyi 15 May 2001; Sarkany 15 May 2001; Miklosi 23 May 2001; Gal 24 May 2001). While Csaba Hende claims that there are no organized groups of skinheads in Hungary (15 May 2001), Klara Csanyi holds that there are marginal groups of skinheads (15 May 2001). Other sources claim that the skinhead movement no longer attracts the authorities' attention (Furmann 21 May 2001) nor constitutes a serious problem (Kaltenbach 15 May 2001; Pardavi 23 May 2001; Kadar 23 May 2001; Gesko 23 May 2001). Two sources contend that the existing skinhead groups do not have a fascist background as "skinhead" has become a fashion statement without any political or ideological dimension (Csanyi 15 May 2001; Sarkany 15 May 2001). According to Bela Osztojkan, there are still skinhead groups, although they do not dress like skinheads or shave their heads (15 May 2001). He also claimed that some skinheads may have joined the ranks of local governments, "legitimate" political parties, or special units of the police force (ibid.). According to Klara Csanyi, the interior ministry commissioner for the Roma-Interior Ministry Consultative Group, the founders of skinhead groups left the country, but are now returning (15 May 2001). Two sources make reference to "soccer hooliganism" which may involve acts of violence among soccer supporters (Csanyi 15 May 2001; Sarkany 15 May 2001). This phenomenon does not have any political or racial dimension, although some participants are dressed like skinheads (Csanyi 15 May 2001; Sarkany 15 May 2001). In light of this problem, the police have reinforced security at and around stadiums before, during and after games (Csanyi 15 May 2001; Sarkany 15 May 2001).

6. THE ROMA AND THE POLICE

6.1 Treatment of Roma by the Police

While Istvan Szikinger, a lawyer who teaches at the Police Academy and who is also involved in the Institute of Law Enforcement Management Training and Research, claims that racism is systemic within the police forces (24 May 2001), the national police chief reportedly holds that racism exists in the police in the same way as it exists in society (Kovacs Kosane 15 May 2001). An undated survey of police officers shows that 10 per cent of police officers are racist, 17 per cent are biased against Roma 10

and more than 50 per cent think that criminality is "a way of life" for Roma (Szikinger 24 May 2001). Referring to "negative attitudes" towards Roma, Jeno Kaltenbach notes an increase within the police ranks similar to the one in the general population (15 May 2001). Gabor Miklosi notes that the highly anti-Roma atmosphere in the Police Academy is transmitted to newcomers (23 May 2001). Victims of illegal acts by police officers can report them to the police or to the Office of the Public Prosecutor, which is independent from the police (Csanyi 15 May 2001). In the former case, the gravity of the allegations determines whether further steps have to be taken at the local level or at a higher level (ibid.). For example, the chief of a police precinct may decide to reprimand the police officer(s) at fault (ibid.). If the case has been reported to the Office of the Public Prosecutor, an investigation is automatically opened (ibid.). However, Istvan Szikinger notes that the Investigative Body of the Office of the Public Prosecutor may investigate only criminal law offences such as assault, torture, and unlawful detention (24 May 2001). An allegation that a police officer refused to execute an order by a superior may be investigated by the military prosecutor's office only (ibid.). Cases falling under the criminal law can also be reported to the Supervision and Control Department of the Ministry of Interior in charge of supervising the police, or to the parliamentary commissioner for ethnic and minority rights who does not conduct these kinds of investigations, but directs cases to the Ministry of Interior or the Office of the Public Prosecutor (Csanyi 15 May 2001)5. However, Istvan Szikinger claims that the government does not make any "serious" efforts to prevent the abuse of power by police officers and to address systemic racism in police ranks (24 May 2001). According to Jeno Kaltenbach, relations between police and Roma have improved in general (15 May 2001). For example, in Komlo (Baranya county, southern Hungary), the mayor and the president of the Roma local self-government are both unaware of conflicts between the Roma community and the police (Pava 22 May 2001; Kiss 22 May 2001). However, specific cases of police mistreatment are believed to be on the increase (Kaltenbach 15 May 2001; Kovacs Kosane 15 May 2001) or frequent (Miklosi 23 May 2001), although the police report a small number of such cases (Kovacs Kosane 15 May 2001). While Marta Pardavi, a lawyer and programme director with the Hungarian Helsinki Committee, makes reference to cases of ill-treatment and unlawful detention (23 May 2001), Sandor Gesko and Jozsef Gal stress that violent acts by police officers on Roma occur, but

5 For more information on the role of the Ombudsman, please see Paragraph 7.2.3 Ombudsman's Office of the February 1999 IRB paper Roma in Hungary: Views of Several Specialists available in the IRB Regional Documentation Centres and on the IRB Website at .

11

are not systematic (23 May 2001; 24 May 2001). Mr. Gesko notes that sometimes, such acts are legal, but "culturally unacceptable" to Roma, for example intimidations of parents in front of their children (23 May 2001). Istvan Szikinger claims relations between the police and Roma communities are affected by the "inhuman" methods that police officers use to obtain information from Roma (24 May 2001). In some cases, Mr. Gesko claims that police officers are urged, even harassed by locals to "do something about Roma" (23 May 2001). According to the Office of the Public Prosecutor of Hungary, the increase in cases of police mistreatment is reflected in the number of these cases brought to courts (Kovacs Kosane 15 May 2001). However, according to Magda Kovacs Kosane, statistics compiled by the Office of the Public Prosecutor of Hungary are eight to ten times higher than the figures supplied by the police (ibid.). Istvan Szikinger, a defense lawyer in Budapest, notes that he receives five to six persons per week who report "police beatings," but do not have any witnesses or evidence (24 May 2001). In total, Magda Kovacs Kosane estimates the number of police officers found guilty of the abuse of force at fewer than ten (15 May 2001). According to Andras Kadar, a lawyer and a programme coordinator with the Hungarian Helsinki Committee, courts tend to be very lenient on police (23 May 2001). According to Ferenc Koszeg, the chair of the Hungarian Helsinki Committee, the Investigative Body of the Office of the Public Prosecutor of Hungary has received 1,300 reports of police abuse of power (23 May 2001). Between 70 and 75 per cent of the investigations conducted by the Office of the Public Prosecutor into these reports end with no results (ibid.). Imre Furmann adds that only 15 to 20 per cent of complaints about police officers could be brought before a judge (21 May 2001). According to Imre Furmann, an investigation into police brutality requires the cooperation of police chiefs (21 May 2001). Isvtan Szikinger makes reference to cases of complaints against police officers in which the police chief conducting the investigation interviewed the involved police officers and accepted their versions of the incident, although the law specifies that all parties have to be heard (24 May 2001). Marta Pardavi holds that chances of Roma obtaining remedy in cases involving police officers are "very slight" (23 May 2001). Two sources claim that the Roma are reluctant to report incidents fearing police retribution (Miklosi 23 May 2001) or because they assume that nobody will believe them (Eva Orsos 15 May 2001). Eva Orsos adds that Roma tend not to talk about such incidents and sometimes deny they ever occurred (15 May 2001). 12

Referring to a 9 February 2001 incident in Bag (Pest county, central Hungary) between the local police and some Roma6, Csaba Hende states that an investigation into police actions is underway while stressing that the operation led to the arrest of five Roma wanted by the police (15 May 2001). According to Jeno Kaltenbach, the Investigative Body of the Public Prosecutor's Office has charged several police officers with different crimes in the ongoing investigation (15 May 2001). Sources are aware of several cases of police officers turning away complaints that Roma try to lodge (Miklosi 23 May 2001; Furmann 21 May 2001), although most of them are not publicized (Miklosi 23 May 2001). For example, on 5 May 2001, a man shot at five young Roma men following a car pursuit near Soltvadkert (Bacs-Kiskun county, southern Hungary) (Roma Press Center 21 May 2001). Although a policeman witnessed the incident, he did not intervene (ibid.). The Roma victims tried several times to file a complaint at different police stations, but their complaint was rejected every time (ibid.). Following visits to a legal defense association, the Roma Press Center and a television station, the Roma unsuccessfully tried another time to file a complaint while filming with a hidden camera (ibid.). After viewing the footage, the police decided to investigate the authenticity of the recording and the policeman's attitude (Miklosi 23 May 2001). As of 23 May 2001, complaints were lodged against the aggressor and the police station where the Roma's complaint was rejected (ibid.). 6.1.1 Discrimination

Every year, the police are required to file a report on officially lodged complaints of discriminatory treatment by police officers (Csanyi 15 May 2001). In cases of ethnic discrimination, the report mentions the ethnic identity of the claimants (ibid.). Klara Csanyi makes reference to joint efforts of the National Roma Self-Government and the Ministry of Interior to fight discrimination in the police ranks (15 May 2001). However, according to Imre Furmann, the Ministry of Interior has not looked into reported cases of ethnic discrimination by police officers and therefore has no specific plans to address this issue (21 May 2001), despite an effort by non-governmental organizations and the press to publicize these cases (Csanyi 15 May 2001).

6 For more information on this incident, please see section 4.1 of the May 2001 IRB Issue Paper Hungary: Government Actions to Improve the Situation of Roma in 2000-2001 available in the IRB Regional Documentation Centres and on the IRB Website at .

13

According to Imre Furmann, in small villages, police officers tend to ask Roma for identification more often than they ask non-Roma (21 May 2001). Should an individual refuse to produce identification, police officers would file a report (ibid.) or issue a fine (Pava 22 May 2001). Imre Furmann speculates that this may be the result of orders from police chiefs or of the training that police officers receive (21 May 2001). 6.2 Police Initiatives

There are two different types of initiative: one aimed at recruiting more Roma police officers and the other targeting anti-Roma prejudice in the police forces (Miklosi 23 May 2001). While Istvan Szikinger estimates the number of Roma police officers at less than one per cent of the police forces (24 May 2001), Jeno Kaltenbach states that there are no statistics on this number (15 May 2001). However, Mr. Kaltenbach acknowledges that there are not enough Roma police officers (ibid.). A person wishing to become a police officer has two options: the Police Academy or vocational training school (ibid.). To be admitted into the academy, candidates have to pass physical, written and oral tests (ibid.). The training school option consists of a three-year programme which enables students to become rank-and-file police officers (ibid.). Police vocational training schools are found in almost every region or municipality in Hungary (Sarkany 15 May 2001). Eligible students must have completed high school (ibid.). According to Istvan Sarkany, the deputy director of Budapest Police Academy, there is no way of knowing how many Roma participate in police training because of the law preventing the registration of ethnic identity (15 May 2001). However, in addition to several types of scholarships based on merit and not on ethnicity available to students interested in becoming police officers (ibid.), the Ministry of Interior has scholarships and a recruitment programme for Roma interested in becoming police officers (Hende 15 May 2001). Csaba Hende states that the interest among Roma in becoming police officers is quite low (ibid.). Gabor Miklosi makes a reference to a programme aimed at increasing the number of Roma police officers which is based on cooperation between the Police Academy and the NRSG (23 May 2001). The NRSG advertises this programme through Roma local self-governments and selects young Roma interested in joining the police forces and has them participate in a one-year training programme to prepare them to take the academy admission test (ibid.). For the full text of a 2000 directive issued by the national police chief regarding a support system for Roma secondary school 14

students interested in becoming police officers, please refer to HUN37889 of 24 September 2001. However, these efforts have produced little success, one reason being, according to Mr. Miklosi, that the Roma feel distrust towards the police (ibid.). Istvan Szikinger adds that Roma police officers are usually considered as "traitors" by the Roma community since they may adopt the same views towards Roma as their fellow officers (24 May 2001). However, Csaba Hende mentions that on 15 May 2001, a Roma police officer received an award at a ceremony organized by the Public Foundation for Roma (15 May 2001). On 13 July 1999, the Interior Ministry, the National Police Headquarters (NPH) and the NRSG held the first meeting of the Joint Committee on Roma Matters (Horvath 13 Sept. 2001). The Committee meets four times a year and more if necessary to discuss every question relating to the Roma minority (ibid.). More specifically, the current agenda includes the following points: the cooperation agreement between the NPH and the NRSG, the development of the course "History of the Roma Society and Roma Culture," assistance to the Roma victims of the Tisza river flood, the Medium-Term Programme and complaints from Roma about discriminatory police actions (ibid.). A course on Romology is part of the police training in training schools and in the Police Academy (Hende 15 May 2001). At the Police Academy, the course on romology is compulsory in every specialization (Sarkany 15 May 2001), although there are few classes (Miklosi 23 May 2001). This course, which includes testing, is given by staff of the academy or by some lecturers from the National Roma Self-Government (Sarkany 15 May 2001).

7. THE JUDICIAL SYSTEM AND LEGAL REPRESENTATION

The criminal procedures in Hungary are defined by a law passed in 1973 (Sarkany 15 May 2001). These procedures state that an investigation must be initiated by an investigative body if the allegations are founded or supported by evidence (ibid.). Lack of resources, ethnicity and the importance of the case have no bearing on the decision to open an investigation (ibid.). The investigation is conducted by observing the rights of both the victim(s) and the alleged perpetrator(s) (ibid.). Since September 1996, the Criminal Code contains a provision on violence against a member of an ethnic minority, which carries a "severe" punishment (Furmann 21 May 2001)7. However, according

7 Section 174/B Violence Against a Member of a National, Ethnic, Racial or Religious Group provides for an imprisonment term of up to eight years (Hungary n.d.). 15

to Imre Furmann and Burrat Husam, investigators are reluctant to use this provision and therefore courts have rendered few decisions based on it (21 May 2001; 22 May 2001). Instead, investigators bring charges based on "general" provisions (Furmann 21 May 2001). Imre Furmann believes this is due to the lack of specialized knowledge on the use of this provision (ibid.). However, the actions of the Legal Defence Bureau for National and Ethnic Minorities (NEKI) and other legal defense offices are gradually changing the attitude of investigators and courts towards this provision (ibid.). Mr. Imre Furmann did not expand on this change of attitude. The NEKI provides legal representation in cases involving racial or ethnic discrimination after determining that their solution may influence court practices or police work (ibid.). To do so, the NEKI relies on five full-time lawyers in Budapest, on representatives in four counties in eastern Hungary and also on between 100 and 120 lawyers across the country with whom the bureau collaborates on a case-by-case basis (ibid.). In 2000, the NEKI received 169 complaints among which one-third involved discrimination (ibid.). In 98 per cent of the cases, the victim of discrimination was Roma (ibid.). Its funding, though not constant, comes from the Soros Foundation, the Ford Foundation and the state- funded Public Foundation for Roma which grants HUF1.5 million a year (CAN$8,426) (ibid.). There are other organizations which offer legal assistance such as the Association of Roma Women in Public Life (Blanka 24 May 2001), and the Ethnic Forum in Pecs (Varnai 22 May 2001). Gabor Miklosi makes reference to the problem of excessively long pre-trial detentions (23 May 2001). The 1994 Police Act allows detention on mere suspicion, which contravenes Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms requiring "reasonable" suspicion to detain a suspect (Szikinger 24 May 2001). Burrat Husam notes that the police can imprison someone for 72 hours, although he knows of cases where the detention was longer (22 May 2001). Istvan Szikinger also makes reference to a 12-hour detention for "public security" (24 May 2001).

8. THE SYSTEM OF MINORITY SELF-GOVERNMENTS

There are approximately 700 Roma local self-governments (Eva Orsos 21 May 2001; Berki 23 May 2001) in which approximately 3,000 members are involved (Eva Orsos 21 May 2001). Claude Cahn estimates the number of Roma involved in Hungary's political life at a few thousand, a figure which he deems too low (25 May 2001). According to Peter Balogh, president of a Roma local self- 16

government in Baranya county (southern Hungary), more minority self-governments are needed (22 May 2001). The example of county (western Hungary) aims to contextualize the above-mentioned figures. According to Laszlo Teleki, the president of Roma Local Self-Government and the vice-president of the National Roma Self-Government, there are 28 Roma local self-governments in the county (24 May 2001), which has in total 257 settlements and 9 cities (Department of Cartography n.d.). 8.1 Elections

Anyone, regardless of ethnicity, aged 18 or over without a criminal record can run for minority self-government (Balogh 21 May 2001). The elections of minority self-governments take place at the same time as national elections (ibid.) or municipal elections (Pecze 24 May 2001) and are divided into two stages (Heizer 24 May 2001) as stipulated in the minority act (Eva Orsos 21 May 2001). In the first round, every Hungarian citizen, regardless of ethnicity (Heizer 24 May 2001; Eva Orsos 21 May 2001; Balogh 21 May 2001), participates in the election of three or five representatives to minority self- governments (Heizer 24 May 2001; Eva Orsos 21 May 2001). Three members are elected in constituencies with fewer than 1,000 inhabitants and five members in constituencies with 1,000 and more (ibid.). Presidents of the local minority self-governments are elected by elected members (Balogh 21 May 2001). Antal Heizer is aware of five or six cases of local Roma self-government members who are only half Roma (24 May 2001). The second round consists of the vote for the National Roma Self-Government (Heizer 24 May 2001). The NRSG has 53 members (Eva Orsos 21 May 2001; Teleki 24 May 2001), including nine vice-presidents (ibid.), who are elected by the members of the Roma local self-governments (Eva Orsos 21 May 2001). The president of the NRSG is elected by these 53 members (ibid.). Results show that the number of votes cast for members of Roma local self-governments is about 98 per cent of the size of the Roma voting population in Hungary (Heizer 24 May 2001). Janos Bathory dismisses reports that the government has tried to influence the outcome of minority self-government elections as absurd (24 May 2001), although Janos Balogh claims that political parties can influence the outcome of the minority self-government election (21 May 2001). In order to amend the minority act, a determined number of minority groups has to give their consent (Blazsek 24 May 2001). 17

8.2 Relations Between Minority Self-Governments and Other State Bodies

8.2.1 Relations Between Minority Self-Governments and Local Governments

There are 3,200 municipalities in Hungary whose autonomy includes complete control over their budget (Kovacs Kosane 15 May 2001). According to Magda Kovacs Kosane, local governments are not motivated to spend state funds efficiently because their transfer is guaranteed (ibid.). According to Claude Cahn, there is a lot of scepticism expressed about the long-term viability of minority self-governments (25 May 2001). Roma local self-governments are said to have limited powers (Osztojkan 15 May 2001; Berki 23 May 2001) and to lack financial resources, infrastructure, political authority and political legitimacy (Balogh 21 May 2001). While Janos Bathory states that the minority law defines the relations between local governments and minority self-governments in a large number of areas (24 May 2001), Janos Balogh stresses that the law subordinates minority self- governments to local governments (21 May 2001). According to Laszlo Kornyei, the deputy state secretary of public education of the Education Ministry, local minority self-governments have a "right to consent" in questions having an impact on minorities (28 Aug. 2001). In practice, Antal Heizer acknowledges that, in more than 700 municipalities, the Roma local self-governments "have a say" in the discussion on Roma-related issues (24 May 2001). Following are a few examples which illustrate the different types of relations existing between local governments and Roma local self-governments. In Nagykanizsa, where there are about 5,000 Roma in a total population of 53,000, the president of the Roma local self-government sits on the local government committee of health and social affairs and on the committee of minorities of the county assembly (Teleki 24 May 2001). The president also serves as vice-president of the NRSG and president of the Association of Local Self-Governments of (Teleki 24 May 2001). In Siklosnagyfalu, the deputy mayor is also the president of the local Roma self-government (Kosztics 22 May 2001). In Komlo, the mayor serving for two and a half years has been trying to build cooperation with minority self-governments (Pava 22 May 2001), including the Roma local self-government (Kiss 22 May 2001). However, in Beremend (Baranya county, southern Hungary), the Roma local self- government has not been provided with an office for three years (Janos Orsos 22 May 2001). 18

8.2.2 Relations Between the National Roma Self-Government and the Roma Local Self- Governments

While Zoltan Pecze claims that the NRSG is trusted by Roma local self-governments (24 May 2001), Claude Cahn describes relations between the NRSG and Roma local self-governments as weak (25 May 2001). However, Jozsef Gal indicates that the NRSG dispatches its 53 representatives to 19 county coordinating offices mandated to help Roma local self-governments solve problems (24 May 2001) relating to funding, staffing, infrastructure, and the realization of their programmes (14 Aug. 2001). The number of representatives in an office depends on the proportion of Roma in the county and on the number of Roma local self-governments, although there is at least one representative per county (ibid.). Jozsef Gal also adds that the offices have specialists in social issues, culture and education (ibid.). These offices, equipped with Internet access and telephones, are open to the public and have links with all Roma local self-governments (ibid.). In addition, the NRSG has a representative in every city (ibid.). The NRSG maintains information exchanges with Roma local self-governments (ibid.) and Roma community houses (Eva Orsos 15 May 2001). For more information on Roma community houses, please see Section 13.1. 8.3 Funding and Services Provided by the Roma Minority Self-Governments

According to Aladar Horvath, Roma minority self-governments do not have the necessary funds, the professional skills and the legal authorities to assist Roma as their situation requires (23 May 2001). Every year, the parliament votes for the allocation of HUF630,000 (CAN$3,539) to every local minority self-government (Balogh 21 May 2001). The sum is transferred to the local government by the end of April, which then transfers half to the local minority self-government and the balance later in the year (ibid.). Local governments may contribute to the budget of local minority self-governments, but the statutes do not require them to do so (ibid.). Although local minority self-governments produce a budget which they submit to the budget committee of the local government, local minority self-governments decide how to spend the funds allocated (ibid.). A number of Roma local self-governments offer legal representation to Roma in need (Furmann 21 May 2001) and mediation in case of conflicts between Roma and non-Roma (Pecze 24 May 2001). In Komlo, the Roma local self-government has a community house and organizes cultural activities (Kiss 22 May 2001). In Zala county, the president of the Nagykanizsa Local Roma Self-Government 19

reported that he had visited a Roma family in Zalakomar after an unknown individual had thrown a molotov cocktail at their house (Teleki 15 Aug. 2001). He further noted that an investigation was being conducted by the local police (ibid.). The following comments made by Jozsef Kosztics, deputy mayor of Siklosnagyfalu and leader of the Roma local self-government, provide an overview of the organization and the activities of a Roma local self-government. The Roma local self-government in Siklosnagyfalu employs seven people and has two computers with printers, Internet access, a fax machine, and photocopiers (Kosztics 22 May 2001). Employees receive travel allowances, scholarships and monthly salaries ranging from HUF40,000 (CAN$224) (the minimum wage in Hungary) to HUF100,000 (CAN$561) (ibid.). The services offered include employment training and legal representation through a lawyer who has visiting hours (ibid.). The Roma local self-government also tries to develop networks and to become involved in political life (ibid.). For example, it maintains contacts with 16 minority self-governments in the region and has signed cooperation agreements with 14 minority self-governments and with five non- governmental organizations (ibid.).

9. EDUCATION

9.1 Overview

Several sources estimate that the number of school-aged Roma in Hungary ranges from 100,000 to 150,000 (Kovacs Kosane 15 May 2001; Miklosi 21 May 2001; Gesko 23 May 2001). The results of a 2000 survey conducted in a sample of 192 schools with a high number of Roma students by Gabor Havas, a sociologist with the Hungarian Academy of Sciences (EuroViews 26 Apr. 2001), show a general increase in the number of Roma students in Hungary (Kadar 23 May 2001). Among the surveyed schools, 28 were located in Roma settlements (ibid.). According to Csaba Hende, every child in Hungary, including Roma, goes to school (15 May 2001). However, Mr. Hende states that the problem of dropouts arises when Roma children reach 13- 14 years of age when Roma girls tend to get married or have children and boys are encouraged to work, mostly in the black market (ibid.). Peter Balogh claims that marriage leads young Roma, both men or women, to quit school (21 May 2001). In the Hungarian education system, children are required to attend kindergarten (Kadar 23 May 2001), although Andras Kadar notes that 10 per cent of Roma children do not attend kindergarten 20

(ibid.). Peter Balogh observes that Roma children who have completed their two years of kindergarten do not have problems adjusting to mainstream schools (21 May 2001). While Anna Csongor holds that Roma children do finish primary school today (25 May 2001), Peter Balogh claims that Roma children cannot finish primary school because they tend to marry early (21 May 2001). However, Janos Balogh estimates the number of Roma children finishing primary school at 90-91 per cent (21 May 2001), which reflects an increase according to Erika Torzsok (24 May 2001). According to Judit Szoke, a representative of the Budapest-based Jozsef Varosi Tanoda, an institution providing extra-curricular assistance to Roma students, the number of high school students in Hungary has been decreasing, a trend which prompts schools to accept every student, including Roma (23 May 2001). In general, the number of Roma studying in high school is growing (Osztojkan 15 May 2001). Of 20-21 per cent of Roma who attend high school, the proportion of graduates ranges from 25 to 50 per cent (Balogh 21 May 2001; Kovacs Kosane 15 May 2001). Erno Kallai estimates the number of Roma students in post-primary institutions at 500-600 (24 May 2001). Erika Torzsok notes that Roma students find it difficult to obtain their high school diploma (24 May 2001), which affects their professional future given that a high school diploma is the minimum educational level required by the Hungarian labour market (ibid.; Koszeg 23 May 2001). Judit Szoke estimates that 70 per cent of Roma high school students drop out in the first year, while it becomes easier for students who go through the first year to remain in high school (23 May 2001). To explain these difficulties, Peter Balogh holds that Roma aged between 18 and 25 miss school two or three times a week because they have to work at the same time to help support their families (21 May 2001). An increasing number of Roma attend secondary schools where they receive "non-marketable" skills (Berki 23 May 2001; Bathory 24 May 2001), particularly in agricultural machinery repair and mining (ibid.). Janos Bathory notes that this situation is difficult to change notably because teachers currently employed would need to be retrained (ibid.). Another difficulty is that students following marketable training such as car repair and hairdressing programmes have to pay "hard cash" to obtain an internship, despite the tax incentives offered to small businesses willing to take interns (ibid.). Bela Osztojkan notes an increase in the number of Roma studying in universities (15 May 2001). Roma amount to approximately 0.1 per cent of students in higher education institutions (Eros 21 May 2001). According to Magda Kovacs Kosane, 0.1 per cent of Roma students obtain a university 21

diploma (15 May 2001). According to Marta Pardavi, Roma university students who do not hide their ethnicity tend to have a more difficult life (23 May 2001). While Eva Orsos claims that Roma parents believe that school is the most important element to secure their children's future (15 May 2001), Magda Kovacs Kosane holds that Roma families do not see the value of education (15 May 2001). Gabor Miklosi claims that Roma parents have a negative opinion of mainstream schools, where they fear their children may face humiliating experiences (23 May 2001). In this context, school is not considered to foster social mobility (ibid.). Judit Szoke adds that a majority of Roma parents support the idea of their children receiving help outside the mainstream school (23 May 2001). Please see Section 9.4.2 for a description of an after-school programme. Erika Torzsok makes the link between education and poverty noting that Roma children as well as some non-Roma children in the northeastern part of Hungary go to school hungry (24 May 2001). 9.2 Government Programmes

According to Janos Balogh, promoting the education of Roma is not in the government's interest (21 May 2001). Judit Szoke adds that there are education programmes for Roma, but there is no willingness to ensure that allocated funds are spent appropriately (23 May 2001). Jeno Kaltenbach holds that funds allocated for minority education are not spent as originally intended (15 May 2001). For Andras Kadar, government programmes aimed at reducing the gap between Roma and non-Roma schoolchildren actually may widen it, since these programmes may result in Roma children being sent to special schools (23 May 2001). Under the schooling support scheme, the government allocates an allowance for every child over six years of age who attends a school regardless of his or her ethnic origin (Hende 15 May 2001). In addition to other programmes such as child care and free lunches, this scheme is aimed at encouraging parents to send their children to school even if their financial situation does not allow it (ibid.). With respect to financing, schools expect to receive the regular per capita support, the local government contribution, and the complementary normative subsidy (see Section 9.2.1 for more information on complementary normative subsidy) (Bathory 24 May 2001). Government funding covers 60 to 70 per cent of education costs with the remaining covered, in theory, by the local government contribution (ibid.). However, local governments are not obliged to provide funds to schools (Szoke 23 22

May 2001). In practice, schools do not receive what they expect (Bathory 24 May 2001; Torzsok 24 May 2001). For example, Erika Torzsok observes that the smaller a local government is, the more difficulties it has financing education (ibid.). According to Janos Bathory, there are special funds run by the Education Ministry to help disadvantaged schools, including schools whose local government is too poor to make any contribution (24 May 2001). Janos Bathory makes reference to a Roma Expert Committee set up by the Education Ministry to monitor the situation of Roma children in schools (ibid.). Further to this reference, Laszlo Kornyei indicated that in 1999, the Education Ministry and the NRSG signed a cooperation agreement to promote the realization of the educational chapter of the medium-term programme (28 Aug. 2001). The agreement provides for the creation of a working committee comprising experts delegated by both the NRSG and the Department of Public Education and Minority Relations of the Education Ministry (ibid.). Its mandate includes the promotion of cooperation and information exchanges, along with a monitoring of the results of educational programmes targetting Roma (ibid.). Laszlo Kornyei notes in addition that the NRSG has the "right to consent" on government decisions relating to the content of minority education (ibid.). At the local level, Roma self-governments have the right to examine how funds earmarked for education are spent (Kosztics 22 May 2001). Tensions arise whenever Roma local self-governments consider school funds ill-spent (ibid.). In Nagykanizsa, the Roma local self-government organizes catch-up classes on weekends for Roma students (Teleki 24 May 2001). With funding from the Canadian embassy, the scheme enrolled 70 students (ibid.). In May 2001, eight participating students graduated (Teleki 24 May 2001). The University of Pecs offers a programme of Roma studies or Romology (Eros 21 May 2001; Kaltenbach 15 May 2001), where the Romany (Romanes) language is taught (Lakatos Laboda 22 May 2001). 9.2.1 The Complementary Normative Subsidy

In 2000, the government allocated HUF1.7 billion (CAN$9.5 million) complementary normative subsidies to finance the creation of classes for Roma children (Miklosi 21 May 2001). The government channels the normative subsidy through the authority responsible for schools, which, in most cases, is the local government and sometimes the county government (Korver 7 Aug. 2001). The law stipulates that the normative subsidy can be used to set up three different types of classes: catch-up, Roma culture and 23

Roma language (Szoke 23 May 2001), although Gabor Miklosi claims that the subsidy is state funding earmarked for the "cultural education" of Roma children (7 Aug. 2001). However, Judit Szoke doubts that the schools receiving the normative subsidy actually offer Roma culture classes given the lack of relevant materials (Szoke 23 May 2001). According to Claude Cahn, catch-up classes appear not to be effective because Roma children still end up dropping out (25 May 2001). When applying for the normative subsidy, schools are required to declare how many Roma students are registered (Szoke 23 May 2001), although Madga Kovacs Kosane claims that the law prohibits ethnic identification and therefore the number of Roma students in Hungary is unknown (15 May 2001). While Claude Cahn claims that most headmasters know how many Roma children there are in their school (25 May 2001), Magda Kovacs Kosane adds that schools are encouraged to exaggerate the number of Roma students because the subsidy is allocated on a per capita basis (15 May 2001). Ron Korver contends that a large number of schools claim funding for minority education, although they do not have any Roma children in their classes (7 Aug. 2001). In 2000, the Education Ministry sent a team of sociologists led by Gabor Havas to every school in order to count Roma children (Cahn 25 May 2001). However, the results were not published (ibid.). Roma culture classes are set up within a school upon the request of a minimum of eight families who identify themselves as Roma (Szoke 23 May 2001). However, their Roma identity is not verified and there is no information as to how many Roma students attend the classes once the classes have been set up (ibid.). Laszlo Kornyei makes reference to a similar procedure to set up minority education classes and indicates that the classes organized for Roma children must include Roma culture in their curriculum (28 Aug. 2001). The teaching of Romany languages (Romanes and Beas) may be provided upon request from pupils participating in the Roma minority education classes (ibid.). Although the Education Ministry is in charge of assessing applications for these subsidies, Gabor Miklosi claimed that the Ministry recently announced that it would start following up on the spending of the complementary normative subsidies (Miklosi 21 May 2001). Erika Torzsok holds that in small villages, local governments sometimes use the subsidy for other reasons, for example to pay electric bills (24 May 2001). According to Judit Szoke, the normative subsidy incites schools to keep Roma students, but does not ensure that they will receive the quality education necessary to go to high school (23 May 2001). 24

9.2.2 Scholarships

In 2001, the government awarded 8,000 scholarships to Roma students (Hende 15 May 2001; Miklosi 23 May 2001; Furmann 21 May 2001; Balogh 21 May 2001; Jozsef Gal 24 May 2001; Kaltenbach 15 May 2001; Kovacs Kosane 15 May 2001; Gesko 23 May 2001) and expects to raise this number to 12,000 in 2002 (Hende 15 May 2001; Gal 24 May 2001). With an estimated total envelope of HUF300 million (CAN$1.6 million) (Miklosi 21 May 2001), monthly stipends range from HUF3,000 (CAN$16) to 5,000 (CAN$28) (Miklosi 21 May 2001; Gal 24 May 2001). The government runs a scholarship programme for talented Roma children through a system of tenders (ibid.). Among the prerequisites is a C-C+ average (ibid.). Application forms are available on the Internet, in newspapers, at NRSG county coordinating offices and at all Roma local self- governments (ibid.), although Gabor Miklosi believes that many Roma do not know about the existence of such scholarship programmes because the government does not advertise them within the Roma community (21 May 2001). These scholarships are granted to Roma students from the fifth grade to university (ibid.), although Madga Kovacs Kosane claims that there is no certainty that all recipients are Roma (15 May 2001). The eligibility criteria are described as "not strict" (Miklosi 21 May 2001), and Csaba Hende adds that every applicant gets support regardless of his or her financial situation (15 May 2001). Reactions to this initiative vary. While Janos Balogh considers it to be a public relations measure (21 May 2001), two others claim that the number of scholarships is insufficient considering that there are about 100,000 school-aged Roma children in Hungary (Furmann 21 May 2001; Miklosi 21 May 2001). Anna Csongor claims that the scholarships increase the number of professions available to Roma, such as teaching or social work, although other professions, such as medicine are still inaccessible to Roma (25 May 2001). Another scholarship programme has been created in to encourage Roma students who both work part-time and study to become full-time students (Kosztics 22 May 2001). 9.3 Segregation and Special Schools/Classes

Segregation of Roma children is a wide-ranging phenomenon in Hungarian schools (Kadar 23 May 2001; Eros 21 May 2001), above all in primary schools (Osztojkan 15 May 2001), although it is in general punished by law (Heizer 24 May 2001). While Gabor Miklosi claims that in 80 per cent of Hungarian schools, Roma children are taught in separate classes or facilities (23 May 2001), the 25

Education Ministry and the Open Society Institute estimate that seven per cent of Roma children go to "special schools" (Bathory 24 May 2001). Quoting the results of a 2000 research study conducted by Gabor Havas amd Ilona Lisko, both sociologists with the Educational Research Institute (Oktataskutato Intezet, OKI), Gabor Miklosi notes that there are more than 700 schools with "(racially) segregated environments" which receive the complementary normative subsidy (7 Aug. 2001). Ron Korver is aware of a large number of schools where catch-up classes have a high number of Roma children and replace regular classes, which he claims, tends to "perpetuate" the segregation of Roma children (ibid.). Gabor Miklosi claims that the teaching in separate classes or facilities for Roma is of poor quality (23 May 2001). Andras Kadar adds that the Parliamentary Commissioner for National and Ethnic Minorities found that the proportion of teachers without proper qualifications is higher in Roma schools than in non-Roma schools (23 May 2001). According to Ferenc Koszeg, children placed in "special schools," in particular in schools for mentally-impaired children, do not have access to higher education, although the transfer to mainstream schools is theoretically possible (23 May 2001). Recourses available in cases of alleged discrimination in public educational institutions include the parliamentary commissioner for national and ethnic minorities who may investigate reported cases and propose legal avenues of redress, and the Office of the Ombudsman of Educational Rights mandated to monitor the rights of every participant in the education system (students, teachers, parents, etc.) (Kornyei 28 Aug. 2001). Gabor Miklosi makes reference to the Bogacs (Borsod-Abauj-Zemplen, northern Hungary) elementary school where in summer 2000 a reporter observed Roma pupils eating with a different set of utensils at different tables from non-Roma pupils (23 May 2001). Commenting on this situation, the headmaster ruled out the existence of segregation in his school (ibid.). In Jaszladany (Jasz-Nagykun- county, central Hungary), the Roma local self- government and the local Roma community denounced a plan announced in November 2000 by the local government to open a private primary school in an effort to prevent the "good" pupils from seeking to attend schools outside the (Roma Press Centre 11 June 2001; Duna 27 Jan. 2001). The Roma claim that this initiative amounts to discrimination against parents who will not be able to pay the tuition fees for a private school (Roma Press Centre 11 June 2001; Duna 27 Jan. 2001). Jeno Kaltenbach expressed his disagreement with the local government's initiative (Roma Press Centre 23 July 2001). He stated that the local government had no right to offer the recently rebuilt local primary 26

school building to the private school without the agreement of the Roma local self-government, although the mayor claims that the Roma local self-government has no right of veto in this regard (ibid.). No further information could be found on this incident among the sources consulted. In 2000, the Education Ministry completed a study on special schools and in 2001 is examining the catch-up programmes offered in 700 schools (Heizer 24 May 2001). However, when asked, sources interviewed were unaware of the results of these measures. Pursuant to Decree 4/2001 adopted by the Ministry of Education, testing a child's mental abilities requires parents' consent in writing (Kadar 7 Aug. 2001). The decision to send a child to a special school falls upon a committee of specialists (Miklosi 23 May 2001) who are required to inform the parents of its decision in writing as required in Decree 4/2001 (Kadar 7 Aug. 2001). The parents have the right to appeal a decision (Csaba Hende 15 May 2001; Kadar 7 Aug. 2001). The decree also provides for the consideration by the committee of the socio-cultural situation of the child upon request of the parents (ibid.). The committee has to reevaluate its decision every year and determine if the student should remain in a special school (Hende 15 May 2001). However, Roma parents tend to be easily persuaded partly because the decision is not well-explained and partly because the parents do not understand it (Miklosi 23 May 2001). Bela Osztojkan adds that Roma parents are not consulted when schools decide to place their children in separate classes (15 May 2001). A number of non-Roma parents take their children out of schools with Roma children (Bathory 24 May 2001; Kadar 23 May 2001; Osztojkan 15 May 2001), as parents are free to choose the school they want their children to attend (Heizer 24 May 2001; Bathory 24 May 2001). To explain this trend, Ferenc Koszeg advances that non-Roma parents view the absence of Roma children in class as a way of improving the academic performances of their children (23 May 2001). 9.4 Non-Government Programmes

The Gandhi School in Pecs is an institution for Roma students only (Pardavi 23 May 2001). It has a long process of selection, including meetings with parents, whether they live in urban or rural areas (Kovacs Kosane 15 May 2001). The Gandhi School receives funding from non-governmental organizations (Orsos 15 May 2001; Balogh 21 May 2001), private sources (ibid.), the European Union PHARE programme (Cahn 25 May 2001) and from the government through the complementary normative subsidy (Balogh 21 May 2001), although the latter is irregular (Kallai 24 May 2001). 27

Other initiatives include a Roma school in Szolnok funded by non-governmental organizations (Orsos 15 May 2001), and a crime prevention programme for Roma youngsters run by the Association of Roma Women in Public Life (Blanka 24 May 2001). According to Eva Orsos, a number of non-governmental sources have been cutting back or stopping their funding to programmes targeting Roma because of Hungary's improving economic situation since joining the European Union (15 May 2001). 9.4.1 Hostels

There are references to a hostel in Manfi (southern Hungary) attached to the Gandhi School (Miklosi 21 May 2001) and two Roma dormitories in Szolnok (Jász-Nagykun-Szolnok county, central Hungary) and Ozd (Borsod-Abaúj-Zemplén county, northeastern Hungary) financed by the government with a HUF268 million (CAN$1.5 million) allocation (Heizer 24 May 2001). According to Gabor Miklosi, the hostel programme was launched in default of other solutions, is not a long-term strategy and will not spread across Hungary (21 May 2001). However, Jeno Kaltenbach refers to a hostel programme based on the success of the Gandhi School and supported by the European Union (15 May 2001). There are differing opinions on the need for hostels. While Eva Orsos claims that establishing hostels for Roma students is not segregation (21 May 2001), since a number of hostels were opened for other minorities in Hungary such as the , the and the (Orsos 21 May 2001; Kaltenbach 15 May 2001), Gabor Miklosi believes that it perpetuates social exclusion (21 May 2001). According to Eva Orsos, staying in hostels also enables Roma students to meet other Roma children including Romany-speaking ones (21 May 2001). 9.4.2 Extra-Curricular Activities (Tutoring)

Sources make references to three organizations providing extra-curricular assistance to children, namely Khetamipe in Pecs (Lakatos Laboda 22 May 2001), the Foundation Roma University in Budapest (Eros 21 May 2001) and the Jozsef Varosi school (Jozsef Varosi Tanoda) in Budapest (Szoke 23 May 2001). Aladar Horvath runs the Foundation Roma University which helps Roma students in higher educational institutions through scholarships, tutoring sessions and language courses (Eros 21 May 2001). Despite a shortage of Roma professionals, the institution currently helps 20 to 30 students (ibid.). 28

The Jozsef Varosi Tanoda is an after-school programme committed to increasing the academic performances of Roma students wishing to improve their educational situation and who have had bad experiences with special programmes in mainstream schools (Szoke 23 May 2001), have uneducated parents, or live in poor housing conditions (Orsos 15 May 2001). The Tanoda commits itself to improving the student's academic performances (Szoke 23 May 2001). According to Judit Szoke, the Tanoda's model is unique in Hungary (23 May 2001). Currently, the Tanoda is helping 56 students aged 12 to 18, that is from fourth grade to the last year of high school (ibid.). As part of the admission process, candidates have to write a motivation report stating why they want to enrol in the Tanoda and what they expect from their enrollment (ibid.). Depending on the Tanoda's financial resources and on the students' requests, a number of hours is offered per week on an individual or class basis (ibid.). Judit Szoke notes that students always ask for more hours (ibid.). After each session, teachers evaluate the participation of every student (ibid.). At the end of the school year, students perform an evaluation of their enrollment with the Tanoda (ibid.). The Tanoda does not offer any Roma culture classes due to the lack of appropriate materials (ibid.). Although the Tanoda's staff do not enforce "oral discipline," unjustified absences are punished with a one-month suspension (ibid.). Students involved attend regular classes in the morning and come to the Tanoda in the afternoon (ibid.). Funding for the Tanoda comes from non-governmental organizations (Orsos 15 May 2001) and the local government (Szoke 23 May 2001). Judit Szoke notes that the lack of interest in schooling outside the state school system makes it difficult to obtain funding (ibid.). For example, several requests for government funding were rejected because the Tanoda is not a part of the mainstream educational system (ibid.). In 2001, after a meeting with Deputy Education Minister Laszlo Kornyei, funds were eventually transferred to the local government (ibid.). However, the local government refused to transfer the funds to the Tanoda claiming that it was breaking the law on education (ibid.). Eventually, the Tanoda received a lump sum of HUF1.5 million (CAN$8,427) for the year (ibid.).

10. EMPLOYMENT

According to Judit Berki, there have been no positive developments in employment in the last eleven years, in particular regarding Roma's isolation from the mainstream labour market (23 May 29

2001). Peter Balogh stresses that more employment programmes are needed to help the Roma (22 May 2001). 10.1 Unemployment

Differing opinions exist on the issue of unemployment among Roma. Roma have difficulties finding employment because of their lack of education (Janos Orsos 22 May 2001) and their lack of contacts among employers (Lakatos Laboda 22 May 2001). Eva Orsos notes that Roma older than 50 who have not worked for several years face the same difficulties (21 May 2001). According to Istvan Hegudus, a member of the Komlo local government and of the National Roma Self-Government, some employers would like to hire Roma with skills (22 May 2001). However, Szilvia Lakatos Laboda claims that Roma graduates cannot find any employment (22 May 2001). In Hungary, a person who is unemployed is an individual of working age who is able and willing to work (Hende 15 May 2001). The government allocates unemployment benefits if the unemployed reports to an unemployment centre, looks for employment, and accepts jobs in public works programmes when required (ibid.). The unemployed may receive unemployment benefits for six months and then apply for social assistance (Balogh 21 May 2001). Two sources claim that a number of Roma work "under the table" while receiving social benefits (Kovacs Kosane 15 May 2001; Berki 23 May 2001). According to Janos Balogh, 70 per cent of Roma live in under-industrialized regions where there is no employment and fewer prospects of social mobility (Balogh 21 May 2001). The unemployment rate has increased in small villages of northern Hungary and in Baranya county (southern Hungary), regions which receive little state funding (Torzsok 24 May 2001). Following the fall of socialism, the privatization of the factories located in northern Hungary left unskilled Roma and other unskilled workers unemployed (ibid.). Erika Torzsok claims that the Roma living in northeastern Hungary find it difficult to support their families since they are unable to find employment despite their willingness to work (ibid.). In Komlo where the Roma population amounts to about eight per cent, the transition to a market economy forced the local mine to restructure its activities beginning with lay-offs of unskilled workers, the majority of whom are Roma (Pava 22 May 2001). Despite efforts to restructure, the mine closed in 2000, which pushed the unemployment rate to 16 per cent (Hegudus 22 May 2001). 30

10.2 Government Initiatives

There are a few adult training programmes managed by labour retraining centres and employment centres across the country (Bathory 24 May 2001). Since 1998, employment programmes for Roma have been developing at the county level (Heizer 24 May 2001), including programmes of subsidized salaries run by employment centres (Csongor 25 May 2001). For example, in Komlo, the local employment centre employs a woman who is also a member of the Roma local self-government, which, according to Janos Kiss, the president of Komlo Roma Local Self-Government, enhances the transparency of the centre's activities (22 May 2001). Istvan Hegudus makes reference to another Roma working at the employment centre on Roma cases (22 May 2001). Sources express conflicting opinions on these programmes. According to Janos Bathory, 60 to 70 per cent of trained people find jobs after the first year of training (24 May 2001). However, Anna Csongor and Judit Berki claim that Roma tend to find employment for a year through employment programmes but once these programmes end, the Roma become unemployed again (25 May 2001; 23 May 2001). 10.2.1 Public Works

Initiated by local governments with the support of the central government, public works projects tend to offer unskilled employment in the construction sector (Bathory 24 May 2001). These projects offer temporary employment (Heizer 24 May 2001) and do not respond to a market need (Bathory 24 May 2001). Janos Bathory estimates that 30 per cent of those employed in public works projects are Roma (ibid.). As a result of the March 2001 Tisza flood in northeastern Hungary (Government of Hungary 8 Mar. 2001), approximately 1,400 houses were damaged or destroyed, including several hundred houses occupied by Roma (Hende 15 May 2001). The government expressed its commitment to rebuilding every house and stated that the homeless could move back by fall 2001 (ibid.). The Roma who lost their houses were able to help rebuild them under the public works programme, which allowed them to receive a salary while rebuilding their homes (ibid.; Heizer 24 May 2001). According to Judit Berki, public works projects are a temporary solution that cannot be the basis of a country's employment policy (23 May 2001). However, Peter Balogh considers the creation of more public works projects to be necessary (22 May 2001). 31

10.3 Private and Non-Governmental Initiatives

The Autonomia Foundation, a Budapest-based independent private organization established in 1990, spends half of its budget on training programmes for Roma, including leadership training and vocational training (Csongor 25 May 2001). Together with a number of local organizations, the foundation also runs an income-generating programme which assists Roma, mostly in rural areas, in realizing their projects (ibid.). In Pecs, the Ethnic Forum of Pecs runs several programmes relating to employment, including a public works programme since 1997 (Varnai 22 May 2001). The Forum employs 40 people, including 20 Roma on a full-time basis (ibid.). In Nagykanizsa, the local community house runs several employment and employment-related programmes, such as training, retraining, entrepreneurship training programmes, all registered with the local employment centre (Teleki 24 May 2001). The entrepreneurship training enabled the start-up of eight businesses, which are still operating (ibid.). In a Komlo-based factory owned by an Italian businessman, 60 per cent of the workforce is Roma (Kiss 22 May 2001). Hired on a seasonal basis, the Roma employees earn a salary based on performance which Janos Kiss considers to be "quite good" (22 May 2001). Once their contract is over, the Roma work in markets (ibid.). 10.4 Discrimination

In its section on discrimination, the modified labour code gives the employer the burden of proof

(Hende 15 May 2001)8. However, Andras Kadar claims that the anti-discrimination provisions enshrined in the labour code only apply to persons already hired (23 May 2001). Ferenz Koszeg and Anna Csongor claim that employers tend to prefer non-Roma applicants to Roma applicants (25 May 2001; 23 May 2001). According to Erika Torzsok, multinationals located near Roma settlements use discriminatory practices whereby Roma are hired "under the table," thus without any social protection (24 May 2001).

8 Section 5 Prohibition on Discrimination and the Obligation of Priority of Act XXII of 1992 on the Labour Code states that: "(1) In connection with an employment relationship, no discrimination shall be practiced against employees on the basis of gender, age, race, national origin, religion, political views or membership in employee interest representation organizations or activities connected therewith, as well as any other circumstances not related to employment. Any differentiation clearly and directly required by the character or nature of the work shall not be construed as discrimination. (2) In the event of any dispute related to a violation of the prohibition on discrimination, the employer shall be required to prove that his actions did not violate the provisions of Subsection (1)" (Tring n.d.). 32

11. HEALTH ISSUES

While the Roma's birth rate is three or four times higher than that of ethnic Hungarians, infant mortality in the Roma community is estimated to be higher than for the other population groups and the life expectancy of Roma men is under 40 years of age (Blanka 24 May 2001). According to Kozma Blanka, Roma cannot afford fees charged by physicians in Hungary (ibid.). Two sources claim that Roma, in particular traditional groups, do not trust (Miklosi 23 May 2001), or are afraid of, health institutions (Blanka 24 May 2001). Treatment in a hospital is considered to be contrary to customs (ibid.). According to Gabor Miklosi, emergency health care workers tend to be reluctant to answer calls from Roma settlements (23 May 2001). He is also aware of cases where ambulances did not respond immediately to a call from Roma in need of medical care (ibid.). Kozma Blanka notes that Roma tend to live in villages where there are no hospitals nearby (24 May 2001). In Pecs, the Catholic non-governmental organization Khetamipe offers a health care programme and gives pregnant women lectures about healthy eating and living (Laboda Lakatos 22 May 2001). The organization also provides counselling to Roma and non-Roma drug addicts (ibid.). Hospitals must inform the police if injuries incurred during a physical attack are serious (Hende 15 May 2001). In cases of lighter injuries, that is when wounds can heal within eight days, the initiation of criminal procedures falls upon the victim (ibid.). A victim of a physical attack can ask the physician who examined him or her for a stamped official medical statement which states the injuries incurred and the circumstances of the attack (ibid.). Physicians cannot refuse to deliver such a statement as long as the injuries are still visible (ibid.). Courts can have access to and use files kept by physicians on their patients, sometimes without having the doctor testify (ibid.).

12. SOCIAL ISSUES

According to Erno Kallai, Roma are over-represented in the one-third of the Hungarian population living in poverty (24 May 2001). According to Magda Kovacs Kosane, there are approximately three million people living in poverty in Hungary, of whom no more than 500,000 are Roma (15 May 2001). While Jozsef Gal claims that a majority of Roma live in "inhuman" conditions, 33

that is with no heat nor electricity (24 May 2001), Judit Berki believes that 80,000 Roma live in shanty , despite all the programmes and organizations that exist (23 May 2001). Jozsef Kosztics makes reference to unemployed Roma in Budapest who lose their apartments because they cannot pay utilities (22 May 2001). National programmes aimed at alleviating poverty do not target Roma specifically, although many beneficiaries are Roma in some regions such as northeastern and southeastern Hungary where many poor people are Roma (Kovacs Kosane 15 May 2001). 12.1 Housing

In May 2001, the government announced the allocation of HUF9 million (CAN$50,561) to build 2,200 houses for people with low incomes, which will be owned by local governments (Kovacs Kosane 15 May 2001). However, according to Magda Kovacs Kosane, the Roma, most of whom are unemployed, will not be able to pay the rent on these houses because they are unemployed (ibid.). In addition, given the current market prices, the houses to be built will be very small (ibid.). To address the shortage of social housing, in 2000 the government initiated a social housing programme run by the Ministry of Economy (Hende 15 May 2001). Funded equally by the central government and local governments, the objective of the government for the next two years is to build 10,000 social housing units (ibid.). The National Roma Self-Government and the Ministry of Family and Social Affairs have signed a contract outlining a HUF300 million (CAN$1.6 million) housing project (Kosztics 22 May 2001). Commenting on this initiative, Jozsef Kosztics claims that the local Roma self-government in Siklosnagyfalu does not have access to these funds because they do not side with the National Roma Self-Government (ibid.). Following the emigration of Zamoly Roma in summer 2000 to Strasbourg, France, members of the Roma community living in Komlo expressed their wish to follow suit, which turned local public opinion against them according to Janos Kiss (22 May 2001). After the Roma local self-government, assisted by the National Roma Self-Government, managed to convince them to stay, the local housing authorities inspected the Roma's houses and declared them unsuitable for habitation and therefore ordered them to be demolished (ibid.). In conjunction with the local Roma self-government, the local government agreed to renovate the houses and find short-term housing for the occupants in the meantime (ibid.). 34

12.1.1 Squatters

The question of squatters is particularly relevant in Budapest (Furmann 21 May 2001). For example, Imre Furmann makes reference to people leaving their hometown for Budapest where they hope to find employment but where they do not have housing (ibid.). The recent Tisza flood led a number of people to flee to Budapest (ibid.). For details on a case taken by the Budapest-based Legal Defense Bureau for National and Ethnic Minorities (NEKI) in which 17 Roma families were squatting vacant apartments owned by the local government of Budapest's 7th district, please consult the White Booklet 2000 published by the NEKI available in the IRB Regional Documentation Centres. In Pecs, the local government regularized the situation of 240 squatting families who were almost all Roma by allowing them to live in apartments owned by the local government for one year (Lakatos Laboda 22 May 2001). After a year, the contract may be extended (ibid.). 12.2 Infrastructures

In order to deal with the several hundred isolated Roma settlements which lack infrastructure, the Ministry of Agriculture and Rural Development has put forward a plan under which half of the settlements will be modernized or upgraded and half of them destroyed depending on their condition (Hende 15 May 2001). This plan affects 80,000 people and covers 10 years with a budget of HUF50 billion (CAN$281 million) or HUF5 billion (CAN$2.8 million) a year (ibid.). According to Kozma Blanka, regional development plans do not reach Roma settlements (24 May 2001). She is aware of some cases in which the network of gas and water supply stops at the edge of Roma settlements (ibid.). In Bogacs, a touristic village in northern Hungary, the local Roma community lives in an isolated settlement which has electricity, but has one water tap for the whole community (Furmann 21 May 2001). 12.3 Social Assistance

The Hungarian legislation states that individuals can receive social assistance benefits after having been unemployed for six months (Balogh 21 May 2001). According to Janos Balogh, 85 per cent of Roma live on social assistance (ibid.). Aladar Horvath claims that social benefits have not been increased despite an increase in the inflation rate (23 May 2001). According to Janos Balogh and Jozsef Gal, social assistance is not enough to cover the cost of utilities (21 May 2001; 24 May 2001). In Pecs, the local government pays two-thirds of water bill 35

arrears providing that the defaulter agrees to pay one-third (Lakatos Laboda 22 May 2001). When a tenant is unable to pay utilities, the utility companies cut the services (Peter Balogh 22 May 2001). Then, the local government can either pay the arrears or evict the tenant (Balogh 21 May 2001). According to Joszef Kosztics, in small towns, people unable to pay utilities simply continue to live in their apartment or house without any utility service (Kosztics 22 May 2001). Large families with working parents can benefit from tax discount programmes and receive several times the amount of the family welfare allowance (Horvath 23 May 2001). Commenting on this type of assistance, Judit Berki considers it to be "unacceptable" because tax discounts apply only if the applicant is employed and are granted after taxes are paid (23 May 2001). In Komlo, the local government runs a social welfare programme which does not take ethnicity into account (Kiss 22 May 2001). With assistance from the Roma local self-government, a Rom was expected to be hired to work in the social welfare office (ibid.). 12.4 Children

According to Kozma Blanka, the lack of law addressing the situation of children left without parents encourages the practice of placing children in state institutions, most of which have their own school (24 May 2001). She estimates that 60 to 70 per cent of children in orphanages are Roma while the proportion of Roma is much lower among children placed in foster homes (ibid.). She also believes that by the end of 2000, out of 17,000 children who were taken away from their families, 70 to 80 per cent were Roma (ibid.). There are iniatives put forward by non-governmental organizations to address the situation of Roma children. For example, the Association of Roma Women in Public Life tries to find alternatives to removing a child from his or her family and provides assistance to state orphanages (Blanka 24 May 2001).

13. NON-GOVERNMENTAL ORGANIZATIONS

According to Istvan Szikinger, non-governmental organizations are "respected" by the Roma and the government (24 May 2001). Speaking of Roma NGOs, Bela Ostojkan claims that the majority face a difficult financial situation (15 May 2001). According to Janos Balogh, the government fuels competition between Roma NGOs for state funding (21 May 2001). Competition exists not only among Roma non-governmental organizations (Balogh 21 May 2001; Eva Orsos 22 May 2001; Szabados 21 36

May 2001; Somsen 21 May 2001), but also between Roma non-governmental organizations and Roma minority self-governments (Eva Orsos 21 May 2001; Szabados 21 May 2001). According to Argentina Szabados, Florian Farkas, the NRSG president and chair of the National Roma Federation for the Safeguarding of Roma Interests "Lungo Drom" receives most of the government funding earmarked for Roma organizations (21 May 2001). In Pecs, the Ethnic Forum does not benefit from government programmes which require the support of the Roma local self-government because the Forum does not have good relations with the Roma local self-government (Varnai 22 May 2001). With a budget of HUF40 million (CAN$224,719), the Ethnic Forum of Pecs organized in 2000 several community activities, such as summer camps for children and discussion groups on discrimination (ibid.). Its funding comes from several NGOs such as the Autonomia Foundation and from state agencies such as the local employment centre (ibid.). Also in Pecs, Khetamipe runs a social administration programme through which the organization staff help people fill out forms and write support letters (Lakatos Laboda 22 May 2001). Through its representatives in 14 counties, the Association of Roma Organizations aims at developing links among Roma non-governmental organizations (Teleki 24 May 2001). 13.1 Roma Community Houses

While Aladar Horvath makes reference to four or five established Roma community houses and about 55 initiatives still developing (23 May 2001), Eva Orsos believes that there are approximately ten well-established Roma community houses and about 50 developing (15 May 2001). This group of ten have competent leaders, stable funding, premises, programmes, Internet access and good relations with Roma and non-Roma communities (ibid.). Some Roma community houses have a competitive relationship with each other (Anna Csongor 25 May 2001), particularly regarding funding (Eva Orsos 15 May 2001). Unlike Roma self-governments, Roma community houses have been founded by local Roma self-governments, Roma non-governmental organizations, by Roma leaders or by a combination of all, that is, they are Roma self-creations and not creations of the Hungarian government (ibid.). Most Roma community houses are located in urban areas, although some have regional branches (Csongor 25 May 2001; Eva Orsos 15 May 2001). For example, the Roma community house in Nagykanizsa (Zala county, western Hungary) has 12 local branches (ibid.). 37

Their funding is provided by non-governmental organizations, the U.S. government, as in Nagykanizsa, and/or sometimes by the state (Csongor 25 May 2001). This funding is not permanent, however, and therefore causes some anxiety regarding the long-term survival of these community houses (Eva Orsos 15 May 2001). Roma community houses address problems both of the Roma community and of Roma individuals (ibid.). Since 1999, the Roma community houses have developed networks (Csongor 25 May 2001). Their activities sometimes include kindergardens and/or information centres and employment programmes (Eva Orsos 15 May 2001). In Debrecen (Hajdu-, eastern Hungary), the Roma community house runs an agriculture programme and a woodworking programme (Horvath 23 May 2001).

38

NOTES ON SELECTED SOURCES

Janos Balogh Janos Balogh is the chair of the Association of Roma Culture and Traditions Amalipe.

Peter Balogh Peter Balogh is president of a Roma local self-government in Baranya county (southern Hungary).

Janos Bathory Janos Bathory has been the chair of the Budapest-based Office for National and Ethnic Minorities (NEKH) since December 2000. He was previously deputy president of the Office for Hungarians Abroad.

Judit Berki Judit Berki is president of Batonyterenye (Nograd county, northern Hungary) Roma Local Self- Government and the chair of County Roma Association. She also sits on the board of the Public Foundation for Roma. She has been working with Sandor Gesko on conflict resolution for several years. She is involved in a project called "For the Security of Nograd county" in which police officers participate.

Kozma Blanka Kozma Blanka is a member of the Roma local self-government of Budapest's 5th district. She is also the chair of the Association of Roma Women in Public Life, which she founded in 1995. Her organization aims at getting Roma women involved in public life, fighting poverty, protecting women and children and identifying talented Roma women. From 1990 to 1994, she was a member of Budapest's city council.

Dora Blazsek Dora Blazsek is an official with the Department of Human Rights and Minority Law of the Ministry of Foreign Affairs.

Claude Cahn Claude Cahn is the Research and Publications Director of the European Roma Rights Center (ERRC), Budapest, Hungary, and editor of the quarterly publication Roma Rights. He has published extensively on the situation of Roma in , as well as generally on issues of international law, in particular human rights and minority rights, and on civil society and ethno-politics in post-1989 Europe. 39

Klara Csanyi Klara Csanyi is the Interior Ministry commissioner for the Roma-Interior Ministry Consultative Group.

Anna Csongor Anna Csongor chairs the Budapest-based Autonomia Foundation or Hungarian Foundation for Self- Reliance, which is not a Roma organization. She was a social worker for 10 years. The Foundation is described in its brochure as "an independent private foundation established in 1990" (Hungarian Foundation for Self-Reliance n.d.). Its objective is to help the development of civil society in Hungary by supporting independent local initiatives" (ibid.). Its activities focus on three areas: poverty and ethnicity, environmentally sustainable development and civil society (ibid.).

Ferenc Eros Ferenc Eros is a psychologist and a member of the Institute of Psychology of the Hungarian Academy of Sciences.

Imre Furmann Imre Furmann is the founder and the executive director of the Legal Defence Bureau for National and Ethnic Minorities (NEKI). Its mandate consists of the protection the rights of national and ethnic minorities living in Hungary.

Jozsef Gal Jozsef Gal is vice-president of the National Roma Self-Government (NRSG).

Sandor Gesko Sandor Gesko is the director of the Mediator Consulting & Training Office. He is also a lawyer who teaches conflict resolution and provides consulting in mediation in Nograd county (northern Hungary). He has been working with Judit Berki on conflict resolution for several years.

Istvan Hegudus Istvan Hegudus sits on the Komlo local government and is a member of the National Roma Self- Government.

Antal Heizer Antal Heizer is the vice-president of the Office for National and Ethnic Minorities in charge of Roma affairs. 40

Dr. Csaba Hende Dr. Csaba Hende is the political state secretary of the Justice Ministry.

Aladar Horvath Aladar Horvath is the chair of the Roma Civil Rights Foundation and of the Gandhi Public Foundation. He also acts as the senior publisher of the Civil Rights' Booklet, a periodical on public and social policies. In 1990, he was elected as a member of parliament for a liberal party.

Dr. Jozsef Horvath Brigadier General Horvath is a chief police counsel with the National Police Headquarters in Budapest.

Burrat Husam Burrat Husam is a lawyer working with the Siklosnagyfalu Roma Local Self-Government.

Andras Kadar Andras Kadar is a lawyer and a programme coordinator with the Hungarian Helsinki Committee.

Erno Kallai Since 2000, Erno Kallai is a university lecturer at the department of sociology of the University of Miskolc (Borsod-Abaúj-Zemplén county, northern Hungary). His researches and writings focus on Hungarian Roma. Recently, he co-edited with Erika Torzsok the 2000 report A Roma's Life in Hungary published by the Budapest-based Bureau for European Comparative Minority Research (BECMIR). He also authored "The Roma and Research on the Roma", a chapter in another BECMIR monograph Caught in the Trap of Integration published in 2000.

Dr. Jeno Kaltenbach Dr. Jeno Kaltenbach is the parliamentary commissioner for National and Ethnic Minorities, also known as the Minorities Ombudsman. Dr. Kaltenbach was appointed by parliament in 1995. His term was renewed in May 2001.

Janos Kiss Janos Kiss is president of Komlo Roma Local Self-Government.

Laszlo Kornyei 41

Laszlo Kornyei is the deputy state secretary of public education of the Education Ministry.

Ron Korver Ron Forver is the Roma programme manager of the European Commission delegation to Hungary.

Ferenc Koszeg Ferenc Koszeg is the chair of the Hungarian Helsinki Committee.

Jozsef Kosztics Jozsef Kosztics is deputy mayor of Siklosnagyfalu and leader of the Roma local self-government.

Magda Kovacs Kosane Magda Kovacs Kosane represents the Hungarian Socialist Party (MSzP, opposition) in the parliament. She also serves as the president of the Parliamentary Committee on Human Rights, and Religious and Minority Affairs.

Andras Kovats Andras Kovats is a sociologist at the International Research Centre for Migration of the Institute of Political Sciences of the Hungarian Academy of Sciences. He also acts as programme coordinator with the non-governmental Hungarian Association for Migrants Menedek ("shelter"). With Kata Bognar and Dorka Sik, he authored a IOM-commissioned report entitled Roma Migration in the Hungarian Press from February to September 2000. In May 2000, the IOM published another of his reports entitled Migration Strategies of Roma Living in Hungary in the framework of the Return and Counselling Assistance programme founded by the European Refugee Fund of the European Commission.

Szilvia Lakatos Laboda Szilvia Lakatos Laboda is a professor of Romanes at the Romology Department of the University of Pecs and president of the Catholic or Khetamipe Association, founded in 1999 by university students. She serves also as a member of the local government of the district. She is a member of the Hungarian Socialist Party (Magyar Szocialista Part, MSzP).

Gabor Miklosi Gabor Miklosi is a journalist with the Budapest-based Roma Press Centre which is a non-governmental organization that supplies news and information to the public on the situation of the Roma. The RPC was established in December 1995 with the objective of increasing the presence of the Roma in Hungarian mainstream media. Besides its basic functioning as a news agency for the major Hungarian 42

dailies, the Roma Press Centre believes in the importance of increasing the presence of the Roma in all levels of the media, including popular media entities such as talk shows and tabloid newspapers as well.

Eva Orsos Eva Orsos is co-chair of the European Roma Rights Center Board of Directors.

Janos Orsos Janos Orsos is president of Beremend (Baranya county, southern Hungary) Roma Local Self- Government.

Bela Osztojkan Bela Osztojkan is a Roma writer and founder of the non-governmental organization Phralipe. He serves as a vice-president of the National Roma Self-Government.

Marta Pardavi Marta Pardavi is a lawyer and a programme director with the Hungarian Helsinki Committee.

Zoltan Pava Zoltan Pava is mayor of Komlo.

Zoltan Pecze Zoltan Pecze heads the Department of Human Rights and Minority Law of the Ministry of Foreign Affairs.

Dr. Istvan Sarkany Dr. Istvan is Sarkany is deputy director of Budapest Police Academy.

Hester M. J. Somsen Hester M. J. Somsen is the second secretary in charge of justice and home affairs of the Royal Netherlands Embassy in Budapest.

Argentina Szabados Argentina Szabados is the chief of mission of the International Organization for Migration (IOM) office in Budapest. 43

Istvan Szikinger Istvan Szikinger is a lawyer who has been teaching at the Police Academy for 20 years. He is also involved in Institute of Law Enforcement Management Training and Research, formerly the Police Research Institute. Every week, he provides legal advice at the Roma Civil Rights Foundation.

Judit Szoke Judit Szoke is a representative of the Budapest-based Jozsef Varosi Tanoda, an institution providing extra-curricular assistance to Roma students. She used to work with Roma as a social worker for 10 years.

Laszlo Teleki Laszlo Teleki has been president of Nagykanizsa Roma Local Self-Government since 1995 and president of the Association of Local Self-Governments of Zala County. He also sits on the Committee of Health and Social Affairs of the local government and Committee on minorities of the county assembly. He is also vice-president of the National Roma Self-Government. He is also involved in the non-governmental organization Zalai a Nostru as a programme manager.

Erika Torzsok Erika Torzsok is head of the Budapest-based Bureau for European Comparative Minority Research (BECMIR). With Erno Kallai, she co-edited the 2000 report A Roma's Life in Hungary published by the Budapest-based Bureau for European Comparative Minority Research.

Marton Varnai Marton Varnai founded the Ethnic Forum of Pecs in 1996. 44

REFERENCES

Balogh, Janos. 21 May 2001. Interview with the Research Directorate. Balogh, Peter. 22 May 2001. Interview with the Research Directorate. Bank of Canada, Ottawa. N.d. Currency Converter. Bathory, Janos. 24 May 2001. Interview with the Research Directorate. Berki, Judit. 23 May 2001. Interview with the Research Directorate. Blanka, Kozma. 24 May 2001. Interview with the Research Directorate. Blazsek, Dora. 24 May 2001. Interview with the Research Directorate. Cahn, Claude. 25 May 2001. Interview with the Research Directorate. Csanyi, Klara. 15 May 2001. Interview with the Research Directorate. Csongor, Anna. 25 May 2001. Interview with the Research Directorate. Department of Cartography, Eötvös University [Budapest]. N.d. Maps of Settlements: Zala County. [Accessed 26 July 2001] Duna TV [Budapest, in Hungarian]. 27 January 2001. "Hungary: Romanies Say Village's Plans for Private School are 'racist'." (BBC Monitoring 28 Jan. 2001/NEXIS) EuroViews. 26 April 2001. Josiane Kremer and Lisbeth A. Rasmussen. "Travelling Spirits Claim Political Victory." [Accessed 26 July 2001] Eros, Ferenc. 21 May 2001. Interview with the Research Directorate. Furmann, Imre. 21 May 2001. Interview with the Research Directorate. Gal, Jozsef. 14 August 2001. Correspondence. Translated by the Embassy of Canada in Budapest, Hungary. _____. 24 May 2001. Interview with the Research Directorate. Gesko, Sandor. 23 May 2001. Interview with the Research Directorate. Government of Hungary. 8 March 2001. "Severe Flooding in Northeastern Hungary." [Accessed 30 July 2001] Hegudus. Isvtan. 22 May 2001. Interview with the Research Directorate. Heizer, Antal. 24 May 2001. Interview with the Research Directorate. Hende, Csaba. 15 May 2001. Interview with the Research Directorate. 45

Horvath, Aladar. 23 May 2001. Interview with the Research Directorate. Horvath, Jozsef. 13 September 2001. Correspondence. Translated by the Embassy of Canada in Budapest, Hungary. Hungarian Foundation for Self-Reliance [Budapest]. n.d. Annual Report '98-99. Hungary. Penal Code. N.d. Section 174/B Violence Against a Member of a National, Ethnic, Racial or Religious Group (IRB, Ottawa. 1999. Minister's Exhibits on Hungarian Roma Lead Cases, p.8). Husam, Burrat. 22 May 2001. Interview with the Research Directorate. Kadar, Andras. 7 August 2001. Correspondence. _____. 23 May 2001. Interview with the Research Directorate. Kallai, Erno. 24 May 2001. Interview with the Research Directorate. Kaltenbach, Jeno. 15 May 2001. Interview with the Research Directorate. Kiss, Janos. 22 May 2001. Interview with the Research Directorate. Kornyei, Laszlo. 28 August 2001. Correspondence. Translated by the Embassy of Canada in Budapest, Hungary. Korver, Ron. 7 August 2001. Correspondence. Koszeg, Ferenc. 23 May 2001. Interview with the Research Directorate. Kosztics, Jozsef. 22 May 2001. Interview with the Research Directorate. Kovacs Kosane, Magda. 15 May 2001. Interview with the Research Directorate. Kovats, Andras. 21 May 2001. Interview with the Research Directorate. Lakatos Laboda, Szilvia. 22 May 2001. Interview with the Research Directorate. Miklosi, Gabor. 7 August 2001. Correspondence. _____. 23 May 2001. Interview with the Research Directorate. Orsos, Eva. 22 May 2001. Interview with the Research Directorate. _____. 21 May 2001. Interview with the Research Directorate. _____. 15 May 2001. Interview with the Research Directorate. Orsos, Janos. 22 May 2001. Interview with the Research Directorate. Osztojkan, Bela. 15 May 2001. Interview with the Research Directorate. Pardavi. Marta. 23 May 2001. Interview with the Research Directorate. Pava, Zoltan. 22 May 2001. Interview with the Research Directorate. Pecze, Zoltan. 24 May 2001. Interview with the Research Directorate. Roma Press Center. Newsletter [Budapest]. 23 July 2001. "Jaszladany Conflict Continues." 46

_____. 11 June 2001. "Background." _____. 21 May 2001. "Police Denies Roma to File Complaint." Sarkany, Istvan. 15 May 2001. Interview with the Research Directorate. Somsen, Hester M. J. 21 May 2001. Interview with the Research Directorate. Szabados, Argentina. 21 May 2001. Interview with the Research Directorate. Szikinger, Istvan. 24 May 2001. Interview with the Research Directorate. Szoke, Judit. 23 May 2001. Interview with the Research Directorate. Teleki, Laszlo. 15 August 2001. Correspondence. Translated by the Embassy of Canada in Budapest, Hungary. _____. 24 May 2001. Interview with the Research Directorate. Torzsok, Erika. 24 May 2001. Interview with the Research Directorate. Tring Bt [Szolnok]. N.d. Act XXII of 1992 On the Labor Code. [Accessed 27 July 2001] Varnai, Marton. 22 May 2001. Interview with the Research Directorate.