ACFC/INF/OP/II(2004)003
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE
PROTECTION OF NATIONAL MINORITIES
_______________________
SECOND OPINION ON HUNGARY
ADOPTED ON 9 DECEMBER 2004
EXECUTIVE SUMMARY
The
Law of 1993 on the Rights of National and Ethnic Minorities contains in its
current form shortcomings and the need for it to be amended is now widely
acknowledged. The election process of the minority self-governments has for
example regularly led to abuses and the funding of the national minority
self-governments remains problematic.
Important measures have been taken to promote
the integration of the Roma into society. Nevertheless they continue to face
particular difficulties and various forms of discrimination in a range of
fields such as education, employment, housing and health care.
TABLE OF CONTENTS
Situation of the Roma minority
II. ARTICLE-BY-ARTICLE
FINDINGS
Article 3 OF THE Framework Convention
Criterion of citizenship in the definition of the
expression "national and ethnic minorities"
List of voters for the election of national and ethnic
minority self-governments
ARTICLE 4 OF THE FRAMEWORK CONVENTION
Institutional and legal changes relating to
discrimination
ARTICLE 5 OF THE FRAMEWORK CONVENTION
Conditions enabling minorities to maintain and develop
their culture
ARTICLE 6 OF THE FRAMEWORK CONVENTION
Spirit of tolerance and intercultural dialogue
Acts of hostility or violence against the Roma
ARTICLE 9 OF THE FRAMEWORK CONVENTION
ARTICLE 10 OF THE FRAMEWORK CONVENTION
Use of minority languages in relations with
administrative authorities
ARTICLE 11 OF THE FRAMEWORK CONVENTION
Use of the name and first names in minority languages
ARTICLE 12 OF THE FRAMEWORK CONVENTION
Segregation of Roma children in schools
ARTICLE 14 OF THE FRAMEWORK CONVENTION
Teaching of minority languages
Financing of education for minorities
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Representation of minorities in Parliament
Functioning and reform of the minority self-governments
ARTICLE 18 OF THE FRAMEWORK CONVENTION
ADVISORY COMMITTEE
ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
SECOND OPINION ON
1. The Advisory Committee adopted the
present Opinion on 9 December 2004 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 State Report
(hereinafter the State Report) received on 7 May 2004, and other written
sources and on information obtained by the Advisory Committee from governmental
and non-governmental contact during its visits to Budapest and Pécs on
20-24 September 2004.
2. Section I, below, contains the Advisory
Committee's main findings on key issues pertaining to the implementation of the
Framework Convention in
3. Both sections make extensive reference
to the follow-up given to the findings made in the first cycle of monitoring of
the Framework Convention, contained in the Advisory Committee's first Opinion
on
4. The
concluding remarks, contained in Section III, could serve as the basis for the
Committee of Ministers’ forthcoming conclusions and recommendations on
5. The Advisory Committee looks forward to continuing its dialogue with
the authorities of
6.
7.
When
preparing the State Report, the authorities consulted representatives of
national and ethnic minorities through the national self-governments, and
included some of their concerns in the State Report. This is a welcome working
method but it merits being developed further, taking into account that some
relevant NGOs maintain that the consultations should have been more inclusive,
particularly at the regional/local level, and that the State Report should have
reflected their concerns more fully. Finally, mention should be made of the
self-critical spirit shown by the Hungarian authorities, who openly and without
hesitation admit that there are shortcomings and problems (some considered very
serious) in the implementation of the Framework Convention.
8.
9.
These
problems were already referred to by the Advisory Committee in its first
Opinion. They are generally acknowledged by the various groups concerned and
the authorities, and efforts to reform the system - which is a necessary step -
have been made in recent years. A Government bill, amending various legislative
provisions governing the status of national and ethnic minorities living in
10.
The
adequate implementation of the rights of persons belonging to national and
ethnic minorities requires in a number of fields data on the number of persons
concerned. The 2001 population census is crucial in this context particularly
in view of the lack of reliable data highlighted by the Advisory Committee during
the first monitoring cycle. The questions asked in the 2001 census, the
approach adopted to organising it, and the results that have been published all
suggest that the more reliable data generated will help to remedy many of the
shortcomings.
11.
However,
this should not hide the fact that there are key areas (e.g. access to health
care, access to employment, discrimination, housing conditions), where the
authorities still lack the data they need to assess the problems of some
particularly vulnerable groups, such as the Roma, and particularly Roma women. In
the future, data will have to be collected in these areas, taking care to
respect all the principles of data protection, and ensure that the data is
provided voluntarily and that the people concerned are told why and how data
are being collected.
12.
Situation of the
Roma minority
13.
Since
the Advisory Committee’s first Opinion, which highlighted several times the
particularly vulnerable situation of the Roma, Hungary has stepped up its
efforts to integrate them more fully within Hungarian society, and combat the
various kinds of discrimination to which they are exposed. Even though progress
has been made for example with respect to underprivileged schoolchildren –
mainly Roma – who now get free meals and schoolbooks from the age of three,
there are still cases in which even the most basic rights of Hungary’s Roma are
not respected.
14.
15.
The
situation is an issue of great concern in the field of education, where many
Roma children are unduly placed in special schools, taught in separate
buildings or segregated as “private pupils”[1]
– all practices which violate their right to education and compromise their
chances of integrating. New measures are needed to restore Roma parent’s confidence
in the school system. Such measures are also needed in other areas, such as
housing, employment and access to health care, where Roma are disadvantaged.
16.
Several
new radio and television programmes for minorities have improved the situation
in this field since the first monitoring cycle, when the Advisory Committee
urged the authorities to strike a better balance between minorities in this
area. However, the progress made will have to be consolidated in the longer
term – which may involve more Government support for the new programmes and
operators. On the other hand, no progress has been made on time-slots which
remain unfavourable. This whole question needs to be reviewed in consultation
with the minorities.
17.
The
situation seems to have changed very little since the first monitoring cycle,
when the Advisory Committee noted with satisfaction that the Hungarian school
system offered several models of minority languages teaching, but regretted
that minority language schools and also bilingual schools had very few pupils
in practice. The most common model therefore remains the one where minority
languages are taught as a second or foreign language for four or five hours a
week – which hardly seems enough to preserve and develop the linguistic and
cultural identity of children from minorities. The authorities should try to
provide more systematically – as the law allows them to do – various forms of
bilingual education for the numerically larger minorities whenever the demand
is sufficient. This would be a significant step forward following their recent
efforts to put the languages of several numerically smaller minorities on the
state school curriculum. The funding of education for minorities remains
extremely complex and for many of those concerned – unsatisfactory. It should
be improved, particularly by promoting increased co-operation between local
authorities and the minority self-governments.
18.
A
specific mechanism for the representation of minorities in Parliament is still
lacking – a fact already regretted by the Advisory Committee during the first
monitoring cycle. It is important that the work of the Parliament on this
question be resumed and accelerated, in accordance with existing constitutional
obligations.
19.
The
needed reform of the system of minority self-governments should make it
possible to grant them genuine functional and financial autonomy. This is
widely seen as necessary, since the current co-administration and co-management
rights without corresponding funding has shown its limitations. Such a reform
would help to remedy the shortcomings in participation noted by the Advisory
Committee during the first monitoring cycle, and would furthermore encourage
the minority self-governments to ask to take over further public institutions
of significance for minorities, e.g. schools, museums and cultural centres.
II. ARTICLE-BY-ARTICLE FINDINGS
Article 3 OF THE
Framework Convention
Criterion of citizenship in the
definition of the expression "national and ethnic minorities"
Findings
of the first cycle
20. In its first Opinion on
Present
situation
Positive
developments
21. On 3 March 2004, the Government approved
draft Law T/9126 amending various legislative provisions governing the status
of national and ethnic minorities living in Hungary (hereinafter: draft Law
T/9126). This Government draft uses a different definition of national and
ethnic minorities to that contained in Law LXXVII of 1993 on the Rights of National
and Ethnic Minorities. It does away with the condition of Hungarian citizenship
for the individuals concerned, but requires the minority group to which they
belong to have been present in
22. The Advisory Committee welcomes the
Government's intention to broaden the scope of application of Law LXXVII of
1993 on the Rights of National and Ethnic
Recommendations
23. Hungary should continue its efforts to be
more inclusive in dealing with the personal scope of application of the
Framework Convention, including by giving force of law to the approach proposed
by the Government in this matter.
List of voters for the election of
national and ethnic minority self-governments
Findings
of the first cycle
24. In its first Opinion on Hungary, the
Advisory Committee noted that Hungarian law, which guarantees the right of any
person belonging to a national or
ethnic minority to choose freely to be treated or not to be treated as
such, allows persons to belong to more than one national or ethnic community.
The Advisory Committee's first Opinion and the corresponding Committee of
Ministers’ Resolution also highlighted the need to find solutions to the
problem of persons managing, through the openness of the electoral system, to
create self-governments representing a minority with which they have no links
at all.
Present
situation
a)
Positive developments
25. The Hungarian authorities openly admit
that the abuses committed by certain individuals who have no links whatsoever
with the national or ethnic minorities in whose name they are elected are such
that they are undermining the credibility and functioning of the whole system
of minority self-government. In this context, the Advisory Committee can only
welcome the recent amendment of Article 70 of the Constitution, which was adopted
in 2002 and entered into force in May 2004. Under the new provision, only
persons belonging to minorities will in future be able to elect their
self-governments and to stand as candidates in those elections.
26. In order to keep the aforementioned abuses
to an absolute minimum and take into account this amendment to the
Constitution, draft Law T/9126 provides for the introduction of lists of voters
for the election of the minority self-governments. In principle, only persons
who had applied and been included in the lists of voters, rather than all
citizens, would be entitled to participate in those elections. No individual
could be included in more than one register.
27. Although it is not supported by all the
minorities, the system was proposed by the Government following broad
consultation with representatives of the national minority self-governments,
the Parliamentary Commissioner for the Rights of National and Ethnic Minorities
and members of the Parliamentary Committee on Human Rights, Minorities and
Religious Affairs. The Advisory Committee is pleased to note that extensive
safeguards are planned with regard to the use of these lists, which would be
controlled by the minorities themselves and destroyed after the election.
b)
Outstanding issues
28. The Advisory Committee notes that, at the
most recent minority self-government elections, held at the same time as the
municipal elections in October 2002, the abuses that had affected the previous
elections were repeated and, in the opinion of the Government and minority
representatives, were even more serious this time. It turned out that many
candidates had stood in elections for a local self-government of a minority
with which they had no link whatsoever. Such abuses led to the election of
several of these candidates.
29. These abuses affected all national or
ethnic minorities, in particular the German, Roma, Romanian, Slovenian and
Serbian minorities. Most of them appear to have been committed for financial
reasons, since local minority self-governments are organisations recognised by
public law and managing public funds. It also seems that some people elected in
this way have tried, by infiltrating a Roma local self-government, to introduce
segregation of persons belonging to that minority, particularly in the
education field (see comments on Article 12, below).
Recommendations
30.
Findings
of the first cycle
31. In its first Opinion on
Present
situation
a)
Positive developments
32. A general census of the population was
carried out in 2001 and its results have now been published[2].
The Advisory Committee considers it very positive that two questions dealt with
national and ethnic belonging and two with linguistic affiliation. It was
clearly stated that these four questions were optional. It is also positive
that the forms used for this census were discussed in advance with
representatives of the national minority self-governments, that they contained
a pre-printed, non-exhaustive list of the 13 national and ethnic
minorities and that they were translated into the minority languages. Finally,
the Advisory Committee welcomes that, through the media, the Government Office
for National and Ethnic Minorities tried to raise the awareness of persons
belonging to national minorities of the importance of the census before it was
carried out.
33. The results of the 2001 census seem to
paint a more accurate picture of the situation of minorities in Hungary and
have been independently studied and analysed by organisations such as the
Institute for Ethnic and National Studies of the Hungarian Academy of Science.
Generally speaking, the number of persons who declared that their mother tongue
was a minority language seems to have fallen by around 1.4% compared to the
previous census, although the number of people who said they belonged to a
national or ethnic minority rose significantly. However, closer analysis of the
figures shows that the different minorities grew at very different rates. Some
figures rose quite considerably and seem to reflect more accurately the real
size of the minorities concerned. These include the number of persons declaring
an ethnic or national affiliation with the Roma minority (190,046, 33% more
than in the previous census in 1990), the German minority (62,233, a rise of
101% compared to the 1990 census) and the Slovakian minority (17,693, a 69%
increase compared to the 1990 census).
b)
Outstanding issues
34. Although the situation of minorities
appears to be monitored fairly accurately through the collection of data in
some areas, such as education, monitoring still seems to be largely
insufficient in many other fields, such as access to employment and health
care, housing conditions and discrimination in different fields (see comments
under Articles 4 and 6, below). The authorities need more precise data, broken
down not only by minority, but also by gender and geographical area, in order
to ensure that policies and measures designed to help persons belonging to
minorities are effective. In this respect, the Advisory Committee notes that
the Government's efforts to introduce a list of voters entitled to elect
national and ethnic minority self-governments shows that it is possible to
reconcile the collection of certain sensitive data with the Hungarian legal
system's requirements in the data protection field in particular.
Recommendations
35.
ARTICLE 4 OF THE
FRAMEWORK CONVENTION
Institutional and legal changes
relating to discrimination
Findings
of the first cycle
36. In
its first Opinion on
Present
situation
a)
Positive developments
37. The Advisory Committee welcomes the
numerous measures taken by the Hungarian authorities since the first monitoring
cycle to improve the legal and institutional framework and enforcement
procedures in the area of equality and the prohibition of discrimination. Law
CXXV on Equal Treatment and the Promotion of Equal Opportunities, adopted in
December 2003, thus contains a general ban of all forms of direct and indirect
discrimination based in particular on national belonging or affiliation to a
particular minority or based on native language. This law has a broad scope of
application, covering numerous fields such as employment, social security and
medical care, housing, teaching, education, training and also the provision of
goods and services.
38. The Law CXXV on Equal Treatment contains
three major innovations: firstly, it creates a system (actio popularis) whereby associations are able to bring appeals
against the perpetrators of discriminatory acts whose victims are not
identifiable; secondly, it reverses the burden of proof in cases of
discrimination (apart from cases that are subject to criminal or minor offence
proceedings); thirdly, it sets up a new administrative body at national level
to oversee the application of the law.
39. However, at the time of adopting the
present Opinion, the Advisory Committee is not yet able to assess how the Law
CXXV on Equal Treatment, which entered into force in January 2004, is working
in practice, since no cases based on this law have yet run their full course.
Nevertheless, the new administrative authority will need to be given very broad
powers, since it will be able to deal with any discriminatory act in any field
covered by the law. It will also be able to pronounce sanctions against any
person or body which violates the ban on discrimination.
40. Article 5 of Law XXII of 1992 on the Labour
Code was amended in 2001 in order to ban clearly any form of discrimination
against employees and, in disputes, to require the employer to prove that he or
she has not violated the ban on discrimination.
41. In 2001, the Ministry of Justice, in
co-operation with the Government Office for National and Ethnic Minorities and
the Roma national minority self-government, supported the creation of a network
of lawyers, present in every Hungarian county, available to help Roma people
who are discriminated against. This service is free for the Roma because the
lawyers' and court fees are paid by the State. Since it was set up, this
network has been involved in more than 1,700 cases in a vast range of fields
and its activities, which suggest that many Roma are unaware of even their most
fundamental rights, are considered to be necessary and useful by many of those
concerned.
42. Finally, numerous institutional changes
have been made in
b)
Outstanding issues
43. The Advisory Committee notes that, in
order to avoid duplication of work, greater effort is required to co-ordinate
the large number of authorities involved in and resources allocated to the
fight against discrimination and the promotion of social integration of
disadvantaged persons, particularly Roma. Improvements are also required in the
area of monitoring so that results can be measured more effectively. Following
the entry into force of Law CXXV on Equal Treatment and the new remedies it
offers to victims of discrimination, numerous awareness-raising and information
measures are needed. The new administrative authority was meant to be
operational by January 2005, but fears have been expressed that this is likely
to be delayed. Several people have criticised the fact that it will not be
sufficiently independent, since it will be working under the supervision of the
Government, even though it is stipulated that it should not receive
instructions as to how to exercise its powers.
Recommendations
44.
Findings
of the first cycle
45. In its first Opinion on
Present
situation
a)
Positive developments
46. The package of medium-term measures
adopted by the Government in 1999 form a comprehensive strategy to improve the
living conditions and social position of the Roma. They focus particularly on
education, culture, health care, housing and the fight against discrimination.
The Advisory Committee is pleased to note that this package of measures is
regularly reviewed and supplemented wherever necessary, as was the case in
2001, for example. In January 2002, the Hungarian authorities also devoted an
international conference to the evaluation of the package of medium-term
measures. There are plans to launch a governmental programme designed to
promote equal opportunities for the Roma minority which will run until 2006 as
an extension of the package of measures, with special emphasis on education,
quality of life, equality before the law, employment and communication.
47. As part of co-operation between Hungary
and the European Union aimed at defining a common action against social
exclusion, the Ministry of Health and Family and Social Affairs has drawn up a
Joint Inclusion Memorandum, which was signed by the Government and the European
Commission in December 2003. This document analyses the needs of persons facing
exclusion – particularly the Roma – in areas such as housing, employment and
health care. A national action programme on social inclusion, which aims to
meet the needs identified, should be finalised by the end of 2004.
b)
Outstanding issues
48. Although improvements have been made
through the numerous measures taken by the authorities over several years, the
most fundamental rights and freedoms of the Roma continue to be violated in
49. Many Roma, for example, are still denied
access to decent housing. As pointed out in the Joint Inclusion Memorandum,
which is based on several different studies, segregation in the housing sector
seems to have increased in recent years. More and more Roma are living in
sub-standard housing and/or estates with inadequate facilities. These different
forms of segregation are mostly found at the local level, where Roma have been
prevented several times from moving into certain districts by the resistance of
the local population and/or local authority action. At the same time, there are
credible reports of a recent rise in the number of forced evictions – mostly of
Roma – reportedly carried out without respecting the fundamental rights of the persons
concerned. This phenomenon may partly be explained by the amendment adopted in
2000 concerning the 1993 Law on Housing, which considerably reduced tenants'
rights.
50. With regard to access to health care and
the state of health of the Roma population, the lack of data and
government-commissioned research makes it difficult to give any kind of
assessment, although some studies and surveys suggest that the life expectancy
of Roma is considerably shorter than that of the rest of the population and
that many Roma refuse to go to hospital because of alleged prejudice against
them by hospital staff. Furthermore, some NGOs say they have identified cases
of Roma women being sterilised without their prior informed consent. One such
case is even pending before the United Nations Committee on the Elimination of All
Forms of Discrimination against Women.
51. According to the Joint Inclusion
Memorandum, the unemployment rate for Roma is three to five times higher than
that of the rest of the population. The authorities have taken commendable
initiatives to counter this phenomenon, particularly by promoting the training
and recruitment of Roma. However, one of the main obstacles is the fact that
anti-Roma feelings and negative stereotyping of this minority remain fairly
widespread, causing many employers to discriminate against Roma in their
recruitment procedures (see comments on Article 6, below).
Recommendations
52.
53.
54.
ARTICLE 5 OF THE
FRAMEWORK CONVENTION
Conditions enabling minorities to
maintain and develop their culture
Findings
of the first cycle
55. In
its first Opinion on
Present
situation
56. The Advisory Committee notes that the
legal and institutional framework, particularly Law LXXVII of 1993 on the Rights
of National and Ethnic Minorities, which emphasises the collective dimension,
contains provisions designed to enable minorities to maintain and develop their
identity and culture. This legal and institutional framework contains certain
shortcomings, which are tackled in the context of other articles in the present
Opinion (see comments under Article 3, above, and under Article 15, below).
57. In contrast to persons belonging to other
minorities, the Roma have to cope with serious violations of their most
fundamental rights. It is therefore important that other instruments, such as
Law CXXV on Equal Treatment and the Promotion of Equal Opportunities focus
particularly on the individual dimension and respect for human rights in order
that the Roma are better protected against the serious problems they face (see
comments under Article 4, above).
ARTICLE 6 OF THE
FRAMEWORK CONVENTION
Spirit of tolerance and
intercultural dialogue
Findings
of the first cycle
58. In its first Opinion on
Present
situation
59. The treatment of Roma children in schools
is dealt with under another article in the present Opinion (see comments under
Article 12, below).
a) Positive developments
60. Generally
speaking, with the notable exception of the Roma minority, this is still the
subject of numerous negative stereotypes in society, the Advisory Committee
notes that most minorities live in very close harmony with the rest of the
population.
b)
Outstanding issues
61. It appears that there has been a lack of
tolerance by certain members of the public recently shown to some persons
belonging to the Serbian minority stemming from reactions to certain
international developments in the Balkans.
Recommendations
62.
Acts of hostility or violence
against the Roma
Findings
of the first cycle
63. In its first Opinion on
Present
situation
a)
Positive developments
64. The Advisory Committee is pleased to note
that, owing to the continuous monitoring of police officers' treatment of Roma,
which now involves the drafting of detailed annual reports by the regional
police authorities, it is easier to assess the extent of police brutality
against Roma.
b)
Outstanding issues
65. Notwithstanding progress recorded in this
sphere, various sources continue to refer to isolated cases of police brutality
against Roma.
Recommendations
66.
ARTICLE 9 OF THE
FRAMEWORK CONVENTION
Findings
of the first cycle
67. In
its first Opinion on Hungary, the Advisory Committee expressed concern about
the uneven allocation of resources to different minorities, notably of radio
broadcasting time. For example, the Roma minority had much less broadcasting
time than other minorities. The Advisory Committee also noted that the
Ukrainian minority was the only one not to have its own television programmes.
Present
situation
a)
Positive developments
68. The Advisory Committee welcomes the fact
that the broadcasting time allocated to minorities has increased overall since
the first monitoring cycle, particularly thanks to technical and financial
assistance from the public broadcasting body and the state budget.
69. It is particularly pleasing to see that,
since
70. "Radio C" and "Radio
Monoster" have been allocated frequencies under preferential conditions in
accordance with the 2001 Media Law. "Radio Monoster" is run by the
national self-government of the Slovenian minority, while "Radio C"
works primarily with young Roma journalists, which shows that considerable
progress has been made in terms of the participation of persons belonging to
minorities in the production of programmes concerning them.
b)
Outstanding issues
71. Despite the support of the State and the
public broadcasting body, it seems that the financing of existing radio and TV
programmes is not ensured for the years to come. This is particularly the case
for private radio stations such as "Radio C" and "Radio
Monoster", which broadcast programmes aimed at minorities.
Recommendations
72.
Findings
of the first cycle
73. In its first Opinion on Hungary, the
Advisory Committee noted that the time slots set aside for minority programmes
were not such as to reach the greatest number of the target audience. The
Advisory Committee therefore invited
Present
situation
Outstanding
issues
74. The Advisory Committee notes that there
has been no improvement in this matter since the first monitoring cycle.
Television programmes aimed at minorities are still broadcast early on weekday
afternoons on the main Hungarian terrestrial channel and repeated on Saturday
mornings on the second channel (transmitted via satellite).
75. Representatives of national and ethnic
minorities, particularly the national self-government of the German minority,
have been complaining for several years about this unfair programming
arrangement, which prevents people who work from watching the relevant
programmes.
76. The Advisory Committee's attention was
recently drawn to a decision by the President of the Hungarian Television,
according to which, from autumn 2004, minority programmes would no longer be
repeated on Saturday mornings but early on midweek afternoons. It seems that
the representatives of 12 of the 13 national minority self-governments strongly
oppose this change of slot because they think it is likely to cut the audience
figures for minority programmes. These representatives also regret the lack of
real negotiations or even consultation on this matter, which they consider to
be a breach of the co-operation declaration signed in April 2000 by the
President of the Hungarian Television and the presidents of all the national
minority self-governments.
Recommendations
77. In view of the objections that have been
raised by interested parties over several years,
ARTICLE 10 OF THE
FRAMEWORK CONVENTION
Use of minority languages in
relations with administrative authorities
Findings
of the first cycle
78. In its first Opinion on
Present
situation
a)
Positive developments
79. As the Committee of Experts on the
application of the European Charter of Regional or Minority Languages has noted[4],
it seems that significant progress has been made insofar as an increasing
number of administrative officials are able to speak a minority language,
particularly German and Slovak, thus reducing the need for translators or
interpreters.
b)
Outstanding issues
80. Generally speaking, although in principle
the legal framework allows for the use of minority languages in dealings with
administrative authorities, it seems that, in practice, they are still very
rarely used in that context. One of the reasons suggested by the authorities to
explain this situation is the lack of demand from persons belonging to
minorities.
81. The Advisory Committee points out in this
respect that the framework set up by the State for the exercise of language
rights as provided in Article 10 of the Framework Convention actually affects
the number of requests from persons belonging to minorities. For example, the
representatives of the national self-government of the German minority rightly
note that, unless the authorities try to define precisely the geographical
areas in which the use of certain minority languages should not just be
tolerated but clearly encouraged, the implementation of Article 10 of the
Framework Convention will remain largely theoretical in
82. It is important that the Hungarian
authorities should clearly define the geographical areas in which there are
enough minority language speakers to justify the effective use of minority
languages in dealings with official bodies[5].
In this context, it is worth remembering that, although the minorities are
spread all over the country, there are some counties – like Baranya – with
sizeable national and ethnic minorities such as the Roma, the Germans and the
Croats. The same applies to several municipalities.
Recommendations
83.
ARTICLE 11 OF THE
FRAMEWORK CONVENTION
Use of the name and first names in
minority languages
Present
situation
84. Since January 2004, 12 of the 13 national
minority self-governments have drawn up their own lists of admissible first
names. The list of Armenian first names has not yet been formally adopted, but
it seems that the Armenian national self-government has completed it. If a
requested first name does not appear on the relevant list, it will be up to the
national self-government to decide on a case-by-case basis whether the name
should be allowed.
Recommendations
85.
ARTICLE 12 OF THE
FRAMEWORK CONVENTION
Segregation of Roma children in
schools
Findings
of the first cycle
86. In its first Opinion on
87. In addition to the placement of Roma
children in the aforementioned special schools, the Advisory Committee
mentioned other worrying forms of separation aimed at isolating Roma children
from their non-Roma peers.
Present
situation
a)
Positive developments
88. The aptitude test procedure used to
determine which children are sent to the aforementioned special schools is
enshrined in a Ministry of Education decree. This decree generally reinforces
the role of parents in the decision-making process linked to the placement of
their children in these schools.
89. Significant efforts have been made by the
Ministry of Education to curb the segregation of Roma children. An important
part of the integration programme launched in 2003 is devoted to this problem
and appears to be producing some encouraging results. The new package of
medium-term measures aimed at improving the living conditions and social status
of the Roma population, approved by the Government in March 2004, also includes
the elimination of segregation in education amongst its specific objectives.
b)
Outstanding issues
90. As noted by certain bodies such as the
Parliamentary Commissioner for National and Ethnic
91. Under Hungarian law, parents are free to
place their children in the school of their choice. In the opinion of the
Ministry of Education itself, segregation between schools has tended to
increase in recent years because the number of schools in which the proportion
of Roma children exceeds 85% has risen. This phenomenon appears to be largely
due to parents of non-Roma children gradually withdrawing their children from
these schools, which increases the segregation effect.
92. Another form of school segregation
through which Roma children with difficulties can be isolated has emerged
relatively recently in
93. Although the legislation in the field of
education already contains guarantees concerning the prohibition of
discrimination, it has not so far been sufficient to prevent the emergence and
the development of exclusion and segregation practises by local authorities,
which have extensive powers in the education field. It is the local
authorities, for example, who decide whether a separate school building should
be used to house a special class composed almost exclusively of Roma children,
or whether one particular school should be implicitly designated as the
"Roma school" in an area served by several different schools. It is
also at the local level that all kinds of pressures are put on some Roma
parents to persuade them to request private pupil status for their children.
94. The Government – particularly the
Ministry of Education – does not have sufficient control over local authorities
in this area and is therefore unable to discourage the persistence of such
practices. The Ministry of Education, for example, appears unable to declare
these practices illegal and to impose sanctions, including fines, against local
authorities that use these various forms of exclusion and discrimination.
Another example is that, under current legislation, the Government is unable to
ask a school to participate in the campaign to eliminate school segregation,
even if the school's situation suggests it ought to be involved.
Recommendations
95.
96.
ARTICLE 14 OF THE
FRAMEWORK CONVENTION
Teaching of minority languages
Findings
of the first cycle
97. In its first Opinion on
Present
situation
a)
Positive developments
98. Since the first monitoring cycle, several
minorities have managed to introduce teaching of their language into the public
education system, mainly thanks to the support of the Ministry of Education.
This is particularly the case with the smaller minorities which previously made
do with entirely private forms of teaching in "Sunday schools". The
Ruthenians, for example, have recently achieved this objective and the national
self-governments of the Bulgarian, Greek and Polish minorities have also asked
for similar treatment.
b)
Outstanding issues
99. In line with the findings of the
Committee of Experts of the European Charter of Regional or Minority Languages
in Hungary[7],
the Advisory Committee notes that forms of bilingual teaching do not seem to
have progressed significantly in recent years and that by far the most common
model is still the teaching of the minority language for four or five hours per
week as a second or foreign language. Representatives of several minorities
have called for more teaching in and of their language as part of the school
curriculum, which should in future lead to the growth of bilingual teaching.
Recommendations
100.
Financing of education for
minorities
Findings
of the first cycle
101. The Advisory Committee's first Opinion on
Present
situation
a)
Positive developments
102. The Advisory Committee is pleased to note
that the national self-governments of some minorities, including the German,
Slovakian and Croatian minorities, have been able to manage, run or even
acquire kindergartens or schools that offer teaching in or of minority
languages.
103. It is likely that, under Government draft
Law T/9126, which particularly aims to give the minority self-governments true
operational and especially financial autonomy, it will be easier for these
bodies to manage, run or acquire more schools (see comments on Article 15,
below). This would meet a need in this area, since representatives of several
minorities have told the Advisory Committee that schools need to be managed
more independently in order that they can preserve and develop their identity.
104. It is also worth mentioning the
introduction of new sources of funding through the integration programme
launched in 2003. This programme, which aims in particular to help
disadvantaged children, assisted 16,000 people in 2004 (8,000 in 2003). For
example, the introduction of free school meals and textbooks from the age of
three for disadvantaged children, most of whom are Roma, is a major step
forward (see comments on Article 12, above).
b)
Outstanding issues
105. The attempts of the minority
self-governments to acquire schools still appear to be frequently thwarted and
the practical financial implications of this process have not yet been
satisfactorily resolved. For example, some minorities, such as the Slovakians
and Germans, continue to report resistance from local authorities who sometimes
question the right of the minority self-governments to take over schools that
provide teaching of or in minority languages. The transfer of funding also
seems to be causing problems and it seems that, in some cases, Government
subsidies have been paid very late, making the self-governments' task even more
complicated.
106. More generally, the Advisory Committee
notes that the system for funding minority education remains extremely complex
and is considered unsatisfactory by many of the people involved. Schools are
managed and run by local authorities, who receive state budget funding for that
purpose. If a school includes children from a minority, the local authorities
also receive an additional sum calculated on the basis of the number of pupils
attending classes or study groups taught in a minority language (a per capita rate).
107. This per
capita rate rose from 51,000 florins in 2003 to 60,000 florins in 2004,
which is an improvement. However, it seems that this rate, which is meant to
cover the extra costs generated by teaching of or in a minority language, is
largely insufficient to cover all of these costs. This is particularly true if
the classes only contain a small number of children, although local authorities
are obliged to form a class or study group in a minority language if requested
to do so by the parents of eight or more pupils. If the funding is inadequate,
which is often the case, the local authorities have to seek additional funding
in order to set up or maintain minority classes. However, it seems firstly that
not all local authorities are as efficient as others at doing this and secondly
that poorer local authorities are penalised by this funding system.
Recommendations
108.
ARTICLE 15 OF THE
FRAMEWORK CONVENTION
Representation of minorities in Parliament
Findings
of the first cycle
109. In its first Opinion on
Present
situation
Outstanding issues
110. Unfortunately,
the question of the representation of national and ethnic minorities in the
Parliament has still not been satisfactorily resolved (a failure already noted
by the Constitutional Court) and was not included in draft Law T/9126 of 3
March 2004 amending various legislative provisions governing the status of
national and ethnic minorities living in Hungary. In this context, it is worth
recalling that both the Constitution and the Law LXXVII of 1993 on the Rights
of National and Ethnic
111. The Advisory Committee acknowledges that,
in addition to political difficulties, certain technical problems need to be
resolved in order to create a balanced mechanism, particularly bearing in mind
that most minorities are numerically small and dispersed all over the country
and that the Hungarian Parliament has only one chamber. Furthermore, the fact
that a qualified majority is required undoubtedly makes it more difficult to
adopt such a mechanism. Having said that, the diversity of systems used in
other countries to ensure that minorities are represented at parliamentary
level suggests that these difficulties can be overcome.
Recommendations
112. The Hungarian authorities should resume
their efforts to create a mechanism for the representation of minorities in the
Parliament in order to meet their aforementioned
constitutional obligations in this area as well as the demands of numerous
minority representatives. As they do so, they could draw inspiration from the
systems used in other countries as well as the relevant reports and studies
published by the Council of Europe.
Functioning and reform of the
minority self-governments
Findings
of the first cycle
113. In its first Opinion, the Advisory
Committee concluded that the system of minority self-government allowed and
indeed enhanced the participation of national and ethnic minorities in public
life. However, it noted that the sphere of duties and jurisdictions of minority
self-governments and the regulations pertaining to financial contributions by
the State and by local authorities needed to be refined, as well as the
regulations on the co-operation between local authorities and minority local
self-government. The Advisory Committee also considered that the funding
available for local self-governments of national minorities should also be
reviewed.
Present
situation
a) Positive developments
114. On
3 March 2004, the Government approved draft Law T/9126. This Government bill
contains an important new provision, since it aims to give genuine operational
and financial autonomy to the minority self-governments. The latter might be
able to acquire, manage and run public institutions using funding granted by
the state. Draft Law T/9126 also provides for the creation of minority
self-governments at regional level, where there are none under the current
system.
115. The Advisory Committee welcomes the
Government's firm intention to increase the autonomy of the minority
self-governments and to create an additional regional structure. This would
help to remedy a widely recognised weakness in the current system and
strengthen the participation of persons belonging to minorities in the
management of affairs that concern them.
b)
Outstanding issues
116. In theory, the minority self-governments
are already entitled to co-manage and co-run public institutions such as
schools, museums and cultural centres. In practice, however, this rarely
happens because there is no public funding available to cover the partial
transfer of such responsibilities. The relevant co-administration and co-management
rights have therefore remained purely declaratory until now and have not
resulted in the transfer of the management and running of a significant number
of public institutions. Indeed, it is estimated that only 20 or so institutions
are currently co-managed or co-run by the national minority self-governments.
Several minorities are nonetheless very keen to extend this kind of arrangement
to other institutions (see comments on Article 14, above).
117. Generally speaking, the funding of the
national minority self-governments remains problematic. At national level, the
representatives of several minorities, particularly the Bulgarians, Slovenians,
Slovakians, Poles, Germans, Serbs, Croats and Roma, have recently reported very
sharp falls in the levels of state funding. One of the reasons for this appears
to be the authorities' tendency to give priority to specific projects and
activities, which causes certain problems for minorities wishing to rely on
longer-term financial support.
118. As things stand, the local minority
self-governments remain heavily dependent on the goodwill of local authorities
as far as public funding is concerned. For example, representatives of the
local minority self-governments reported a sudden reduction or even a complete
withdrawal of local authority contributions to their budgets following the last
local elections in 2002. One of the reasons given for this was the fact that,
in some areas, there would be "too many" minority self-governments
for them all to continue to receive funding. These problems illustrate fairly
well the often difficult, even tense relations between the minority
self-governments and local authorities.
Recommendations
119.
ARTICLE 18 OF THE
FRAMEWORK CONVENTION
Findings
of the first cycle
120. In its first Opinion on
Present
situation
Positive
developments
121.
122. The adoption of Law LXII of 2001 on
Hungarians Living in Neighbouring Countries has had an impact on cross-border
co-operation and the principles of good neighbourliness, friendly relations and
co-operation between states, as enshrined in Articles 2 and 18 of the Framework
Convention. For example, the adoption of this law provoked some very negative
reactions, many of which could have been prevented through prior consultation
with the neighbouring states concerned. However, the Advisory Committee notes
that, following these negative reactions, the Hungarian authorities have
engaged in consultations with the international community – including the
Council of Europe – and actively stepped up dialogue with their neighbours. The
Advisory Committee is pleased to note that, following these international and
bilateral consultations, Law LXII of 2001 on Hungarians Living in Neighbouring Countries
was amended in June 2003 and that its implementing provisions were laid down
following detailed discussions with the neighbouring countries which had
expressed reservations, particularly Romania and Slovakia.
Recommendations
123.
124. The Advisory Committee considers that the
present concluding remarks could serve as a basis for the conclusions and
recommendations to be adopted by the Committee of Ministers with respect to
125.
126. Since
the adoption of the first Opinion of the Advisory Committee,
127. In the field of media,
128. Several minorities have managed to – or are
about to – introduce the teaching of their language within the public education
system. Despite certain difficulties, the national self-governments of some
minorities have been able to manage, run or even acquire kindergartens or
schools that offer teaching in or of minority languages.
129. Law LXXVII of 1993 on the Rights of National
and Ethnic Minorities contains in its current form shortcomings and the need
for it to be amended is now widely acknowledged. The election process of the
minority self-governments has regularly led to abuses and made it possible for
a number of candidates to be elected in respect of a minority with which they
had no link whatsoever, thus affecting the credibility and functioning of the
minority self-governments. The process enabling the minority self-governments
to take over schools remains excessively difficult and the practical financial
implications of this process have not yet been satisfactorily resolved.
130. Generally speaking, the funding of the
national minority self-governments remains problematic and the local minority
self-governments seem to remain heavily dependent on the goodwill of local
authorities in this matter. The relations between the minority self-governments
and local authorities are indeed often difficult, even tense, particularly for
financial reasons.
131. Despite important measures to promote the
integration of the Roma into society, these persons continue to face particular
difficulties and various forms of discrimination in a range of fields such as
employment, housing and health care. The collection of additional statistical
data in these fields seems indispensable to better assess the effectiveness of
the measures taken.
132. The programme slots
for television broadcasts intended for minorities have raised objections for
several years from those concerned and a recent change in programming could
render them even less favourable.
133. In
the field of education, the persistence of various exclusion and segregation
practices at the expense of a high number of Roma pupils by local authorities
is a source of deep concern. The governmental control on local authorities in
this field is not efficient enough to discourage the perpetuation of such
practises. As far as bilingual education is concerned, little progress has been
made despite the interest shown by persons belonging to several minorities.
134. A specific mechanism for the representation
of minorities in the Parliament is still awaited despite existing
constitutional obligations in this area.
135. In addition to the measures to be taken to
implement the detailed recommendations contained in chapters I and II of the
Advisory Committee's Opinion, the authorities are invited to take the following
measures to improve further the implementation of the Framework Convention:
- Ensure the full and effective
implementation of Law CXXV on Equal Treatment and the Promotion
of Equal Opportunities without any delay, in particular through the setting up
of the administrative authority tasked to oversee its application, and ensure co-ordination between the
different bodies involved in the fight against discrimination.
- Pursue the efforts already made to
remedy the shortcomings of Law LXXVII of 1993 on the Rights of National and Ethnic
Minorities by improving the electoral system of the minority self-governments,
strengthening their functional and financial autonomy as regards the
acquisition, running and managing of public institutions and clarifying state
and local authority funding and support for the minority self-governments.
- Redouble efforts to put an end to
exclusion and segregation practises at the expense of Roma pupils, in
particular through a more efficient control on local authorities in this field.
- Intensify existing measures to enable
all Roma to enjoy decent living conditions.
- Define the geographical areas in
which the use of minority languages in relations with the administrative
authorities could be more actively encouraged and pursue efforts to employ
officials who can speak minority languages.
- Set up more systematically forms of
bilingual teaching for minorities.
- Resume and accelerate their efforts
to create a mechanism for the representation of minorities in the Parliament.
[1] Status according to which pupils continue their schooling at home.
[2] According to the results of the 2001 census, 1,358 persons declared to belong to the Bulgarian minority, 190,046 to the Roma minority, 2,509 to the Greek minority, 15,620 to the Croat minority, 2,962 to the Polish minority, 62,233 to the German minority, 620 to the Armenian minority, 7,995 to the Romanian minority, 3,816 to the Serbian minority, 17,693 to the Slovak minority, 3,040 to the Slovenian minority, 1,098 to the Ruthenian minority and 5,070 to the Ukrainian minority.
[3] See the recommendations set out by the European Commission against
Racism and Intolerance (ECRI) in its third report on
[4] See the second report on
[5] See the second report on
[6] See, for example, the ruling of the Budapest Court of Appeal of 7 October 2004, ordering Tiszatarjan primary school and the local authorities of Tiszatarjan and Hejökürt to compensate nine families whose children were placed and illegally kept in lower-level classes between 1994 and 1999 without a certificate declaring them to be mentally disabled and incapable of attending a normal class.
[7] See the second report on