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Advisory Committee on the Framework Convention for the Protection of National Minorities ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES Strasbourg, 12 September 2016 ACFC/OP/IV(2016)003 Fourth Opinion on Hungary adopted on 25 February 2016 SUMMARY Hungary has continued its vigorous efforts to develop policies designed to protect national minorities. The new Fundamental Law (Constitution) adopted in 2011 enumerates a broad catalogue of rights of persons belonging to national minorities (in Hungarian terminology: “nationalities”). Detailed provisions defining the rights of national minorities are contained in ordinary legislation, such as the cardinal Act on the Rights of Nationalities, the Act on the Election of Members of Parliament and the Act on Electoral Procedure, the Act on National Public Education and the Act on National Tertiary Education, adopted in 2011-2013. In spite of the good intentions, these rapid changes have resulted in some minority organisations experiencing insecurities with their implementation. Most national minority representatives report an overall respectful attitude prevailing between the majority and most minority groups. Efforts of the authorities to promote minority cultures and education, together with particular steps taken to strengthen representation of national minorities in parliament and through the national minority self-governments, are widely recognised and appreciated. The system of human rights protection has undergone major changes following the adoption of the Act on the Commissioner for Fundamental Rights, who is assisted by a Deputy Commissioner on the rights of “nationalities.” Regrettably, the competences and the freedom to act of the Deputy Commissioner are restricted, limiting the possibility of the new office holder to undertake a more proactive role in defence of the rights of persons belonging to national minorities. ACFC/OP/IV(2016)003 Notwithstanding the authorities’ efforts, xenophobic and intolerant attitudes persist within Hungarian society, in particular against the Roma. There have been reports of physical attacks against the Roma in recent years. In the political arena, extremist movements and parties continue to spread prejudice and hate speech against the Roma, with the Internet becoming the principal medium for dissemination of anti-Gypsy and anti-Semitic rhetoric. The susceptibility of a significant part of society to openly xenophobic and discriminatory rhetoric is a source of grave concern. Roma continue to suffer systemic discrimination and inequality in all fields of life including housing, employment, education, access to health and participation in social and political life. According to evidence collected by the authorities, segregation of Roma school children has become more widespread in recent years. Alarmingly, discrimination of Roma children has deepened, in particular as a result of the approach of “benevolent segregation” promoted by the authorities by which Roma children are expected to “catch up” in separate Roma classes before their supposed inclusion in the mainstream education. Although the legislation provides a high level of protection of minority languages, in practice they are very rarely used in public affairs. In particular the use of minority languages in relations with administrative authorities is infrequent, and display of topographical indications is scarcely used in practice. Issues for immediate action: promote tolerance and respectful attitudes amongst the majority population; bolster efforts to combat manifestations of intolerance, racism, xenophobia and hate speech present in Hungarian society including in the media and the political arena and monitor the situation more effectively; investigate and apply adequate sanctions when necessary; ensure that the Commissioner for Fundamental Rights is granted all the support needed to continue carrying out his role effectively, particularly as regards the enforcement of recommendations with a view to strengthening the Commissioner‘s competences; continue to make available the resources needed to operate efficiently and independently; reinforce the competences of the Deputy Commissioner responsible for the protection of the rights of nationalities by empowering the office holder to undertake investigations on the Deputy’s own initiative; make sustained and effective efforts to prevent, combat and sanction the inequality and discrimination suffered by the Roma; improve, in close consultation with Roma representatives the living conditions, access to health services and employment of the Roma; take necessary measures, as a matter of urgency and without further delay, to end practices that lead to the continued segregation of Roma children at school and redouble efforts to remedy other shortcomings faced by Roma children in the field of education; ensure that Roma children have equal opportunities for access to all levels of quality education, in particular by preventing placement in “catching-up classes”; take decisive measures to prevent children from being wrongfully placed in special schools. 2 ACFC/OP/IV(2016)003 TABLE OF CONTENTS I KEY FINDINGS .............................................................................................................................................4 MONITORING PROCESS .......................................................................................................................................4 GENERAL OVERVIEW OF THE PRESENT SITUATION...............................................................................................4 ASSESSMENT OF MEASURES TAKEN TO IMPLEMENT THE FURTHER RECOMMENDATIONS FROM THE THIRD MONITORING CYCLE............................................................................................................................................7 II. ARTICLE-BY-ARTICLE FINDING .....................................................................................................................9 ARTICLE 3 OF THE FRAMEWORK CONVENTION ....................................................................................................9 ARTICLE 4 OF THE FRAMEWORK CONVENTION ..................................................................................................14 ARTICLE 5 OF THE FRAMEWORK CONVENTION ..................................................................................................21 ARTICLE 6 OF THE FRAMEWORK CONVENTION ..................................................................................................23 ARTICLE 9 OF THE FRAMEWORK CONVENTION ..................................................................................................31 ARTICLE 10 OF THE FRAMEWORK CONVENTION ................................................................................................33 ARTICLE 11 OF THE FRAMEWORK CONVENTION ................................................................................................34 ARTICLE 12 OF THE FRAMEWORK CONVENTION ................................................................................................35 ARTICLE 14 OF THE FRAMEWORK CONVENTION ................................................................................................40 ARTICLE 15 OF THE FRAMEWORK CONVENTION ................................................................................................42 ARTICLE 17 OF THE FRAMEWORK CONVENTION ................................................................................................45 III. CONCLUSIONS...........................................................................................................................................47 RECOMMENDATIONS FOR IMMEDIATE ACTION:................................................................................................47 FURTHER RECOMMENDATIONS:........................................................................................................................47 3 ACFC/OP/IV(2016)003 I KEY FINDINGS Monitoring process 1. This fourth cycle Opinion on the implementation of the Framework Convention by Hungary was adopted in accordance with Article 26 (1) of the Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of Ministers. The findings are based on information contained in the fourth State Report, submitted by the authorities on 6 March 2015, other written sources and on information obtained by the Advisory Committee from governmental and non-governmental contacts during its visit to Budapest and Pécs from 7 to 11 December 2015. 2. The Advisory Committee welcomes the authorities’ overall constructive and co- operative approach towards the monitoring process and the considerable assistance provided by them before, during and after the 4th cycle visit. The third cycle Opinion was translated into the Hungarian language and published promptly. The fourth State Report containing comprehensive and valuable information was submitted following extensive consultations and with the significant contribution of representatives of national minorities. In addition, the Advisory Committee received additional written information from representatives of some recognised minority groups, groups seeking recognition and civil society representatives. The Advisory Committee notes however with regret that, unlike what was put in place after two prior monitoring cycles, no follow-up dialogue was organised in Hungary after the last monitoring cycle was concluded. Such an omission was principally due to a very dynamic and thorough restructuring of institutions responsible for formulating and conducting national
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