Hungary’s False Sense of Security June 2018 HUNGARY’S FALSE SENSE OF SECURITY 1 Introduction partner, and at Hungary’s use of its NATO membership to push an agenda that in some Leaders of Hungarian civil society are appealing respects serves Russian interests. As recent to the U.S. government to counter Prime Minister polling demonstrates, the Hungarian Viktor Orbán’s accelerated assault on peaceful government’s concerted efforts to turn its dissent, anti-corruption activism, and the rule of population away from the values enshrined in the law. Orbán’s newly-won supermajority in Washington Treaty are working. As one expert parliament enables his Fidesz party to push recently relayed, if Fidesz voters had to choose through changes to the Hungarian constitution, between Moscow or Washington, a majority would while Orbán has promised fresh attacks on the pick Moscow.”2 values that underpin both the European Union and NATO alliance. This report outlines the concerns of a range of Hungarian human rights defenders, foreign In the weeks since his re-election victory in April diplomats, civil society activists, journalists, and 2018, Orbán has made a series of alarming academics consulted during a research trip in May moves and threats against human rights 2018. It recommends a strong U.S. response to advocates and judicial independence, including the government of Hungary’s backsliding, and new legislation targeting those who help migrants, suggests opportunities for the U.S. government to and attacks on Hungary’s judiciary. These actions demonstrate to the Hungarian government the occurred in the wake of an election that monitors necessity of respecting human rights and from the Organization for Security and democratic institutions. Human Rights First has Cooperation in Europe (OSCE) described as for many years made recommendations on how “characterized by a pervasive overlap between the U.S. government should respond to the state and ruling party resources, undermining Hungarian government’s assault on democratic contestants’ ability to compete on an equal institutions and the rule of law. Recent Human basis.”1 Rights First in-country research on Hungary While Fidesz’s hostility towards NGOs, academic includes 2017 issue briefs No Society Without freedom, and the rule of law is relatively Civil Society, and How the U.S. Government longstanding, its new parliamentary supermajority, Should Respond to Hungary's Slide to the increased capture of media by government- Authoritarianism.3 friendly actors, and greater control of Hungary’s intelligence services are arming Orbán with a newfound degree of latitude to expand his drive Background toward illiberalism. Under Orbán, Hungary continues to slide down Hungary’s government is offering NATO and the the rankings in a series of independent indexes EU a false sense of security, its attacks on democracy undermining the cohesion and measuring corruption and civil and political rights. common values of both bodies. As a NATO ally, 2 the United States should be concerned at the https://vsquare.org/hungary-is-a-post-truth-laboratory-peter- kreko/ acceleration of repression by a close security 3 http://www.humanrightsfirst.org/sites/default/files/hrf-hungary- civil-society-breif.pdf; 1 http://www.humanrightsfirst.org/sites/default/files/Hungary- https://www.osce.org/odihr/elections/hungary/377410?downloa d=true Slide-Towards-Authoritarianism.pdf HUMAN RIGHTS FIRST HUNGARY’S FALSE SENSE OF SECURITY 2 The EU-funded Index of Public Integrity project director of Transparency International, Hungary. rates 109 countries on a number of measures “It’s not the usual, typical, kind of destabilizing including freedom of the press and judicial corruption. It's a new, totally different model. It’s independence. Hungary fell from 31st to 34th very centralized, and makes the country look between 2015 and 2017, with its ranking on stable.”7 judicial independence falling from 59th in 2015 to In January 2018, the European Anti-Fraud Office 78th in 2017.4 (OLAF) reported that Hungary’s procurement of $1 billion in EU funds for public street lighting Likewise, the country has fallen steadily in the projects suffered from legal “irregularities” and World Justice Project’s annual Rule of Law Index conflicts of interest—including $46 million in in virtually every category measured since 2014, projects reportedly linked to Orbán’s son-in-law, slipping from 30th out of 99 countries in that year warranting an investigation into “excessive to 50th out of 113 countries in 2017-2018.5 budgetary fraud.” 8 Hungary has fallen ten points in six years in Transparency International’s Corruption At roughly the same time, in an unusually forceful Perceptions Index, an annual ranking of countries condemnation made in February 2018, the United based on perceived levels of corruption. "This isn't National High Commissioner for Human Rights, a surprise,” said Carl Dolan, Director of Zeid Ra'ad Al Hussein, wrote that “Xenophobes Transparency International EU, because of a and racists in Europe are casting off any sense of "tightening of Viktor Orbán's grip" on civil society, embarrassment—like Hungary's Viktor Orbán, on independent media and the judiciary. "What who earlier this month said 'we do not want our we're seeing in Hungary is that the decline in colour... to be mixed in with others'. Do they not ability to promote the rule of law is also leading to know what happens to minorities in societies opportunities for corruption. where leaders seek ethnic, national or racial In fact, anti-corruption experts suggest that Orbán purity?...Orban’s speech on February 8th to a is pioneering a new form of venality, “Hungary”6 group of city councils was a clear-cut statement of racism…[his] racial rhetoric is increasingly is now a kind of laboratory of 'transparent delusional.” 9 corruption,' with a new style of corruption, that's normalized, legal, and accepted by most of the population,” said Jozsef Peter Martin, executive 7 Interview with Human Rights First, May 2018. 4 https://integrity-index.org/about/ 8 https://newrepublic.com/article/147751/humble-proposal- 5 https://worldjusticeproject.org/our-work/wjp-rule-law- sanction-hungarian-kleptocrats index/wjp-rule-law-index-2017–2018 9 6 http://www.euronews.com/2018/02/21/hungary-s-ranking- http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.asp slides-in-latest-corruption-perceptions-index x?NewsID=22765 HUMAN RIGHTS FIRST HUNGARY’S FALSE SENSE OF SECURITY 3 A minority staff report issued by the U.S. Senate countries to ensure that EU grants are Foreign Relations Committee in January 2018 administered under the rule of law.12 warned that “Hungary is a case where the But there are also opportunities for the United government has enabled space for Kremlin States to push for an end to Hungary’s excesses, interference to shore up its own political strength, building on forthright expressions of disapproval which is largely based on anti-migrant and anti- from the U.S. Congress. In mid-2017, House European integration policies.”10 members introduced two bipartisan, non-binding Hungary’s backsliding on rights also worries EU bills supporting civil society and academic governments and some in the European People’s freedom in Hungary. The first, House Resolution Party, the center-right political grouping of which 353, noted that “Prime Minister Viktor Orbán and Fidesz is a member. his ruling party ‘Fidesz’ has increasingly moved towards authoritarianism in word and action, Despite Orbán’s strident anti-EU rhetoric, the declaring in 2014 that he preferred an ‘illiberal body has considerable leverage over Hungary, state’ and ‘illiberal democracy’ citing Russia as his which relies heavily on EU funding. EU cohesion model,” and that Orbán has “sought to stifle any funds amount to roughly 55 percent of Hungary’s opposition to his rule, including by suppressing infrastructure spending, and are seen as essential free speech and assembly, from universities, civil to Hungary’s annual growth rate of three percent a society groups, and independent think tanks.”13 year.11 The second, House Resolution 394, focused on The EU is beginning arduous discussions on its academic freedom and the plight of Central budget framework for 2021 through 2027, a European University (CEU), which has been process complicated by Britain’s decision to leave threatened with closure by Orbán’s government. the union (and thus to stop paying into its funds). House Resolution 394 noted, in part, “it is The budget debate is likely to be acrimonious, but essential for the United States Government to offers opportunities for other EU countries to support and defend American-accredited address Hungary’s backsliding on fundamental academic institutions that are subjected to values. There are plans to link new aid to the discrimination, harassment, coercion, unjustified independence of the judiciary in member closure or seizure,” and urged “that it should be the policy of the United States to support 10 https://www.foreign.senate.gov/imo/media/doc/FinalRR.pdf 12 The U.K. contributed about 15 About 15 per cent of the E.U. budget in 2015. https://www.cnbc.com/2017/03/27/european- 11 https://cohesiondata.ec.europa.eu/Country-Level/-of- union-uk-important-brexit.html cohesion-policy-funding-in-public-investment-p/7bw6- 2dw3/data; https://www.pism.pl/publications/bulletin/no-23- 13 https://www.gpo.gov/fdsys/pkg/BILLS- 1094 115hres353ih/html/BILLS-115hres353ih.htm HUMAN RIGHTS FIRST HUNGARY’S FALSE SENSE OF SECURITY 4 American-accredited academic institutions that that the Alliance remains an unparalleled are subjected to discrimination or harassment by community of freedom, peace, security, and foreign governments and to respond quickly in the shared values, including individual liberty, human case of the coercion, unjustified closure, or rights, democracy, and the rule of law.” In line with seizure of any such institution.”14 this declaration, NATO could, for example, review whether Budapest is an appropriate venue for The U.S.