Conclusions and recommendations of the Committee on the Elimination of
Racial Discrimination, Hungary,
A/57/18, paras. 367-390 (2002).
Committee
on the Elimination of
Racial Discrimination
Sixty-first session
5-23 August 2002
HUNGARY
367. The Committee considered the fourteenth, fifteenth, sixteenth and seventeenth
periodic reports of Hungary (CERD/C/431/Add.1), due on 4 January 1996, 1998, 2000
and 2002, respectively, submitted in one document, at its 1541st and 1542nd meetings
(CERD/C/SR.1541 and 1542), held on 15 and 16 August 2002. At its 1551st meeting
(CERD/C/SR.1551) held on 22 August 2002, it adopted the following concluding observations.
A. Introduction
368. The Committee welcomes with satisfaction the consolidated report of Hungary,
as well as the additional oral and written information provided by the State party.
The Committee expresses its appreciation for the attendance of a high-ranking
delegation, including members of minorities, and for the constructive dialogue
which the Committee was able to have with the State party.
B. Positive aspects
369. The Committee welcomes the commitment to human rights manifested by Hungary
through the adoption of a series of legal provisions promoting and protecting
human rights, the establishment of relevant institutions and the implementation
of pertinent programmes in this field.
370. The Committee reiterates, in particular, its satisfaction at the promulgation
and implementation of Act LXXVII of 1993 on the Rights of National and Ethnic
Minorities, which recognizes 13 minorities and provides them with a degree of
cultural autonomy, as well as a wide range of educational and linguistic rights,
and sets up a system of minority self-governments.
371. The Committee also welcomes the introduction of new provisions into the Criminal
Code through Act XVII of 1996, in particular article 174/B penalizing violence
against members of national, ethnic or racial minorities and religious groups.
The Committee notes the positive elements incorporated in Law Decree No. 11 of
1997 modernizing certain provisions of the Rules on the Enforcement of Punishment,
with a view to prohibiting discrimination among convicted persons and to ensuring
the basic rights of foreign convicted persons, and in Act CX of 1999 amending
the Code of Civil Procedure so as to reinforce the principle that no one shall
be discriminated against because of lack of knowledge of the Hungarian language.
372. The Committee further welcomes the positive elements incorporated in
section 93 of Act LXIX of 1993 on the Law on Minor Offences dealing with
discrimination
against employees; in Act XVI of 2001 on the amendment of the Labour Code
defining, in particular, "indirect discrimination" and
affirming the principle of affirmative action; in Act I of 1996 on Radio
and Television Broadcasting, aiming at preventing
hate speech and discrimination on racial, national and ethnic grounds; as
well as in Act CXXXIX of 1997 on Asylum, as amended, abrogating geographical
restrictions
concerning asylum-seekers.
373. The Committee commends the activities of the Parliamentary Commissioner for
National and Ethnic Minority Rights and of the Parliamentary Commissioner for
Civil Rights and takes note with appreciation of the recent establishment and
activities of many other human rights institutions and administrative bodies,
in particular for promoting the rights and interests of Roma.
C. Concerns and recommendations
374. While noting the above efforts, the Committee expresses concern at persisting
intolerance and discrimination, especially in relation to the Roma minority, as
well as at xenophobic manifestations against immigrants, refugees and asylum-seekers.
375. Noting that the Government of Hungary is working on a comprehensive anti-discrimination
law, the Committee encourages the State party to complete its efforts as soon
as possible, taking into account the United Nations Model National Legislation
for the Guidance of Governments in the Enactment of Further Legislation against
Racial Discrimination as well as the Committee's general recommendations, in particular
general recommendation XXVII concerning discrimination against Roma.
376. Further to decision No. 12/1999 (V.21) of the Hungarian Constitutional Court
which annulled part of section 269 of the Criminal Code punishing incitement to
hatred, the State party committed itself to enacting the necessary provisions
to prohibit hate speech. The Committee expresses concern that the existing legislation
does not cover all aspects of article 4 of the Convention. The Committee recalls
its general recommendations VII and XV which stress, inter alia, the mandatory
character of this provision and recommends the adoption of further amendments
to the Hungarian Criminal Code to encompass all those aspects, including the prohibition
of organizations and activities mentioned in article 4 (b) of the Convention.
377. Furthermore, the Committee requests that the next periodic report provide
specific information on the application by the national courts of article 174/B
of the Criminal Code and of all other relevant provisions to give effect to article
4 of the Convention. The Committee also recommends that the State party pursue
and extend training programmes for judges and prosecutors aiming at sensitizing
them to discrimination issues.
378. The Committee is concerned about the number of allegations of ill-treatment
and discrimination against the Roma and non-citizens by law enforcement officials,
especially the police. The Committee notes that the "Medium-Term Package of Measures
to Improve the Living Conditions and Social Position of the Roma Population",
as revised, contains a section on police behaviour in connection with members
of the Roma minority. The Committee is aware, however, that the above practices
have not ceased.
379. The Committee recommends that the State party intensify its efforts to combat
ill-treatment of Roma and non-citizens by the police, especially through the strict
application of relevant legislation and regulations providing for sanctions, adequate
training and instructions to be given to law enforcement bodies and the sensitization
of the judiciary. The State party should also consider recruiting more members
of minority groups, especially of the Roma minority, to serve in law enforcement
bodies and strengthening the existing legal aid system for alleged victims, as
well as empowering parliamentary commissioners to investigate allegations of ill-treatment
and discrimination by the police.
380. The Committee is concerned at the prevailing conditions in refugee shelters
and the conditions of detention of undocumented immigrants. Noting the efforts
of the State party in this respect, the Committee strongly encourages the Hungarian
authorities to further improve the existing facilities so that they meet international
standards and to provide relevant information thereon in the next periodic report.
381. The Committee expresses concern at the fact that minorities are under-represented
in Parliament. The Committee appreciates the fact that the State party is considering
amending existing legislation so as to ensure better parliamentary representation
of minorities and encourages it to proceed in this direction.
382. The Committee notes that, notwithstanding the measures provided for
in the "Medium-Term Package of Measures",
the drop-out rates among Roma students remain high, especially in secondary
education and even more so at university level.
The Committee strongly recommends that the State party reconsider its policy
of assigning Roma children to schools and classes for the mentally disabled.
The
Committee is also concerned about discriminatory practices resulting from
the system of separate classes for Roma students and from private schooling
arrangements.
While noting that the State party intends to improve the education of Roma,
the
Committee further recommends that new programmes integrate Roma children
into mainstream schools as far as possible, in order to avoid discrimination.
383. The Committee is concerned at the disproportionately higher unemployment
rate among the Roma population. The Committee recommends that the State party
strictly apply existing anti-discriminatory provisions in that field and ensure
in particular that Roma have fair access to professional training programmes and
professional activities.
384. The Committee is concerned that the Roma population is disproportionately
subjected to discrimination in respect of housing and, in particular, to forced
eviction. The Committee recommends that the State party take further positive
measures to effectively address the issue of discrimination with regard to housing.
385. The Committee expresses concern about discriminatory practices against persons
belonging to the Roma minority in respect of access to public places such as restaurants,
bars and cafés. The Committee recommends that the State party continue to intensify
its efforts to combat such behaviour and raise the awareness of the population
about all aspects of racial discrimination.
386. The Committee is also concerned about the possible discriminatory effects
in the socio-economic field of Act LXII of 2001 on "Hungarians living in neighbouring
countries" and requests that the State party provide information about the content
and application of this law in its next periodic report.
387. The Committee recommends that the State party take into account the relevant
parts of the Durban Declaration and Programme of Action when implementing the
Convention in the domestic legal order, in particular in respect of articles 2
to 7 of the Convention, and that it include in its next periodic report information
on action plans or other measures taken to implement the Durban Declaration and
Programme of Action at the national level.
288. The Committee recommends that the State party ratify the amendments to article
8, paragraph 6, of the Convention, adopted on 15 January 1992 at the Fourteenth
Meeting of States Parties to the Convention and endorsed by the General Assembly
in its resolution 47/111.
389. The Committee recommends that the State party's reports be made readily available
to the public, including in the national language, from the time they are submitted
and that the Committee's concluding observations on them be similarly publicized.
390. The Committee recommends that the State party submit its eighteenth periodic
report, due on 4 January 2004, that it be an updating report, and that it address
the points raised in the present concluding observations.