Roma in Hungary: Views of Several Specialists

 

MAP OF HUNGARY

Source: C.I.S. and Eastern Europe on File. 1993, p. 3.11.

1.   INTRODUCTION

During the last two weeks of November 1998, the Research Directorate interviewed six specialists on the current situation of Roma in Hungary. The specialists were participants in IRB hearings held in Toronto in late October and November 1998. The four Hungarian-based specialists were interviewed in person in Toronto, while the two North American-based specialists were interviewed by telephone. In some cases, information from participants' testimony has also been incorporated into the text. Dates in the parenthetical references distinguish the sources of information.

The Hungarian-based specialists were as follows: Dr. András Bíró (18 Nov. 1998), Chair of the Board of the European Roma Rights Center in Hungary and Chair of the Office for the Legal Protection of National and Ethnic Minorities (NEKI); Mr. Flórián Farkas (19 Nov. 1998), President of the National Roma Self-Government; Dr. Lipót Höltzl (16 Nov. 1998), Deputy Secretary of State, Ministry of Justice; and Dr. Jenõ Kaltenbach (17 Nov. 1998), Ombudsman for National and Ethnic Minority Rights. The North American-based specialists were Professor Ian Hancock, University of Texas (30 Nov. 1998) and Professor Orest Subtelny, York University (29 Nov. 1998) (see Notes on Sources for further details).

This paper updates and should be read in conjunction with several IRB publications, including the March 1998 Issue Paper Roma in Hungary and a number of Responses to Information Requests, in particular HUN30463.E of 23 October 1998, which presents a Hungarian government document about Roma programmes, as well as HUN30156.EX of 25 September 1998, HUN30081.EX of 18 September 1998 and HUN29826.EX of 21 August 1998, available on the IRB Website (www.irb.gc.ca) and at the IRB Regional Documentation Centres. Please refer to the following documents as well: Annual Report of the Parliamentary Commissioner for National and Ethnic Minority Rights 1997 (Extract), which provides further details on the Ombudsman's Office and its work in 1997 and Report on the Education of Roma Students in Hungary, a 1997 report by Péter Radó that is reportedly the most recent report on this topic available in English, both of which are available in the IRB Regional Documentation Centres.

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.   EDUCATION

Difficulties for Roma students begin at the pre-school level[1]1. Because very few Roma children attend kindergarten, they miss early assimilation into the education system (Farkas 19 Nov. 1998; Höltzl 16 Nov. 1998; Hancock 30 Nov. 1998). Roma families, like all Hungarian families, are obliged by law to send their children to kindergarten, and failing to do so is a sanctionable offence (Kaltenbach 17 Nov. 1998). Fines can reach several thousand forints[2]2.

Professor Orest Subtelny stated that Romany families have tended to keep their children at home; it is not a traditional Romany value to place a high importance on education (29 Nov. 1998). Dr. András Bíró stated that many Romany parents have internalized their exclusion to the extent that they have limited ambitions for their children, such as vocational schools, and therefore do not see the regular school system as a viable option for their children. He emphasized that this is not a blanket statement and that some parents do really encourage their children to succeed scholastically.

Professor Ian Hancock, however, contended that schools' hostile environments are the most significant factor in the level of students' absenteeism (30 Nov. 1998). Romany children are likely to be bullied and teachers will often ignore or make fun of them, for example. As well, Romany parents often feel that curricula do not address their children's needs. Reading materials can be prejudicial; representations of Roma, as well as historical events and personages might be offensive, or the use of pets in children's books might cause affront, as some Roma consider pets to be unclean (Hancock 30 Nov. 1998). Non-academic cultural concerns also play a part. Food preparation might be considered unsuitable, as more conservative Romany families would consider food prepared by non-Roma, or gadje, to be unhygienic.

Teachers' lack of knowledge of Romany traditions, including familial relationships, can lead to problems in the classroom (Bíró 18 Nov. 1998; Höltzl 16 Nov. 1998; Kaltenbach 17 Nov. 1998). Young Romany children are more autonomous than non-Romany children; they will eat when they are hungry and are freer in their movements than Hungarian children (Bíró 18 Nov. 1998). They are also less disciplined than the majority and, as a result, are often not accustomed to classroom structures and rules. There is no atmosphere of formal learning in their homes (ibid.).

The teaching structure is not adapted to this group, nor are specific measures taken to help Romany children adapt to the majority's rules (Bíró 18 Nov. 1998). Some teachers do not understand Romany children's behaviour patterns and might not have the time or resources required to bring the children to the same level as others (Höltzl 16 Nov. 1998). Dr. Jenõ Kaltenbach noted that Hungarian teachers are poorly paid, although a recent increase in education spending, which included a seven per cent raise for teachers, might lead to an improvement.

However, according to Bíró, the biggest problems in the classroom stem not from cultural differences, but from discrimination. Hungarian teachers might be afraid to touch Romany children for fear that they are dirty. Unable to establish a relationship with them, teachers often dismiss Roma students as incapable, mentally underdeveloped and undisciplined. While not every teacher treats Roma children with disrespect, he added, the majority do. Mr. Flórián Farkas indicated that physical abuse of children by teachers is not common (Farkas 18 Nov. 1998).

Professor Hancock stated that he has found that if there are successful Romany schools, Romany-oriented curriculum with Romany teachers, the parents feel more confident about sending their children to school (30 Nov. 1998; also Bíró 18 Nov. 1998). There are approximately 100 Romany teachers in Hungary (Farkas 19 Nov. 1998).

With regard to later "drop-outs," older children often leave school because they need to make money to assist the family (Hancock 30 Nov. 1998; Farkas 19 Nov. 1998; Bíró 18 Nov. 1998). Girls often drop out as early as 14 due to pregnancies and marriages (ibid.). (see the IRB's March 1998 Issue Paper Roma in Hungary)

Roma attendance in pre-school, and to a lesser extent in the middle levels, has improved in the last 20-30 years, although enrolment in universities has remained at extremely low levels (Bíró 18 Nov. 1998). More Roma parents do want their children to go to school and want them to stay there longer (Bíró 18 Nov. 1998; Subtelny 29 Nov. 1998).

Both Bíró and Hancock emphasized that differences among the Roma community must be considered when looking at school attendance. Bíró pointed out that the Romungre, who tend to be more integrated into Hungarian society, and in fact make up the majority of the country's Romany population, would be more likely to send their children to school than other, more traditional, Romany groups. Teachers would be more likely to discriminate against the traditional Roma, who probably speak Romany at home and speak Hungarian with difficulty. Hancock stated that the Olah, for example, who are Romany-speaking, maintain the traditional culture to a considerable extent and might be more likely to be concerned about unhygienic food preparation. Furthermore, because of the language issue, these children are more likely to be at risk of being sent to a special class.

2.1 Separation in the School System

Separating children into special classes without parents' permission and without professional justification, such as a need to compensate for lack of language skills, are illegal under the law on public education (Kaltenbach 17 Nov. 1998; Höltzl 16 Nov. 1998). Any separated classes must have special programmes with trained teachers and they must be designed specifically to get children back into normal schools. Parents' permission must be obtained before children can be put in such classes (Kaltenbach 17 Nov. 1998). Dr. Lipót Höltzl mentioned that special voluntary "catch up classes" have been set up in some grade schools to enable students to integrate into the system in grade five or six. However, the Office for Nationality and Minority Rights, or Ombudsman's Office, had found in its research that the Education Ministry had not prepared a special school curriculum for these types of special classes and that no special training for teachers was provided. Furthermore, the Roma community was not sufficently consulted (Kaltenbach 17 Nov. 1998).

Most of the interviewees acknowledged that involuntary separation of Roma children does exist; some stressed that it is virtually impossible to determine to what extent (Kaltenbach 17 Nov. 1998; Subtelny 29 Nov. 1998). Kaltenbach stated that there was some research to indicate that there were roughly 100 schools that had set up special classes for Roma[3]3; in most of these, according to Kaltenbach, the necessary professional conditions do not exist and they are only an excuse for segregation (17 Nov. 1998). According to Farkas, special classes for Roma are not very common, although separating Roma children from their peers within the classroom is (Farkas 19 Nov. 1998). Bíró noted that the most blatant education discrimination cases were generally found in rural or town schools (Bíró 19 Nov. 1998). Hancock also suggested that segregation would likely be worse in the villages. Since they are more isolated, if a teacher were disposed to discriminate, there would be less opportunity for retaliation and more freedom to act without interference (Hancock 30 Nov. 1998).

3.   IDENTIFICATION

There are various ways that someone might be identified as a Rom (see the IRB's March 1998 Issue Paper Roma in Hungary and HUN30081.EX). Physical and cultural attributes, as well as professions and names, can all play a part to varying degrees.

Roma tend to have darker skin (Subtelny 29 Nov. 1998; Bíró 18 Nov. 1998), and darker eye and hair colour (ibid.; Farkas 19 Nov. 1998), are likely to be poorly dressed (Subtelny 29 Nov. 1998) and speak Hungarian with an accent (ibid.; Bíró 18 Nov. 1998; Hancock 30 Nov. 1998; Farkas 19 Nov. 1998).

Dr. Bíró pointed out that shades of skin colour vary and that lighter-skinned people might be less subject to discrimination. Hancock added that it is common practice for Roma, in Hungary and elsewhere, to attempt to "pass" (Hancock 30 Nov. 1998; also Bíró 18 Nov. 1998).

While there are blonde, blue-eyed Roma, they are rare (Bíró 18 Nov. 1998; Farkas 19 Nov. 1998). These Roma might be more likely to be integrated and have higher education (Bíró 18 Nov. 1998). According to Farkas, Beash Roma are more likely to be blonde and blue-eyed than other Roma. Approximately 10 to 12 per cent of Hungarian Roma are Beash and roughly 10 per cent of Beash Roma are blonde (Farkas 19 Nov. 1998). He added that the Beash are generally quite separate from other Roma, with different jobs and a different culture. There are 27 different Roma sub-groups in Hungary.

Dress could also be a possible identifying feature (Farkas 19 Nov. 1998; Bíró 18 Nov. 1998). Women might be identifiable as Roma because of their long skirts, head scarves, and clothes that demonstrate a different taste in colour (Bíró 18 Nov. 1998; also Hancock 30 Nov. 1998). Yet, Bíró suggested that even if Roma were wearing jeans, it would still be possible to identify them as Romany. Through their way of walking, for example, it is possible to perceive an "otherness" that is a product of history and environment. Farkas also stated that Roma carry themselves in a distinctive manner. As well, Roma often tend to speak more loudly or at a different pitch than non-Roma (Bíró 18 Nov. 1998; Farkas 18 Nov. 1998) and they are rarely alone, particularly women (ibid.; Hancock 30 Nov. 1998).

Subtelny stated that many Hungarians claim that they can "just look" at someone and "know" that they are Romany in a way that is almost instinctual. Hancock, however, disputed the idea that it is possible to "just tell" that someone is Romany, stating that people have certain expectations of what Roma "ought" to look like, such as being dark-skinned and poorly dressed. While certain physical characteristics are "give-aways," he stated, there are so many exceptions that it is not always indicative (Hancock 30 Nov. 1998). Kaltenbach indicated that the only way to identify a Rom was through their physical features. Because Roma are the oldest non-white minority in Europe, Europeans generally can identify Roma, but not always (Hancock 30 Nov. 1998). Both Bíró and Subtelny noted that younger Roma might not be as easily identifiable by dress or custom.

In small towns and villages, people's backgrounds are generally common knowledge (Subtelny 29 Nov. 1998). Furthermore, in these settlements, Roma are generally located in specific areas, on the outskirts (Bíró 18 Nov. 1998). In city apartments, Roma would tend to be louder, which can be a source of conflict with neighbours (Bíró 18 Nov. 1998). In Budapest, the Romany population tends to be clustered in the 8th District, as well as Districts 7 and 9 (Bíró 18 Nov. 1998; Kaltenbach 17 Nov. 1998).

There are also professional differences that might identify Roma. Roma are likely to work as street musicians, or in other music-oriented professions, as well as with handicrafts or leatherworks (Subtelny 29 Nov. 1998). Bíró suggested that Romungre would be more likely to be associated with musical activities, while the more traditional groups might be involved in horse-trading or metalworking. According to Hancock, "typical Roma jobs" would include any menial work, such as road sweepers, bricklayers or construction work.

The sources mentioned various names perceived as "typically Romany" (see also the IRB's March 1998 Issue Paper Roma in Hungary and HUN30081.EX). Subtelny said there were perhaps four or five "classic" Romany names that can also identify the Romany subgroup. He suggested Lathos and Segedy, adding that these two names would probably be Romungre (Subtelny 29 Nov. 1998). Kaltenbach stated that Kalányos and Kolompár are typical surnames. Bíró agreed that some names are more likely to be Romany than others, with some reflecting professional caste distinctions historically from India, such as Orsós (spindler); probably 90 per cent of people with the names Orsós and Kolompár would be Roma (Bíró 18 Nov. 1998). Farkas added Orbán and Jakab to the list of names (Farkas 19 Nov. 1998).

Several of the interviewees expressed caution at the practice of identifying Roma by surname (Kaltenbach 17 Nov. 1998; Bíró 18 Nov. 1998; Farkas 19 Nov. 1998). Kaltenbach stated that it is not possible to say how many Roma have "typical" names and that many Roma have "normal" names. Bíró mentioned that there has been active Magyarization (Hungarization) for 200 years and that at the end of the last century there was pressure on both Roma and Jews to take Hungarian names. There are many Roma and many non-Roma with the names Farkas and Horváth, for example (Bíró 18 Nov. 1998; also Farkas 19 Nov. 1998). The external physical and behavioural signs are more likely to determine a Rom's "otherness" (Bíró 18 Nov. 1998). Farkas felt that even if individuals changed their names, they would often be recognized as Roma.

3.1 Identification Cards

Dr. Bíró is aware that some minority self-governments are distributing identity documents. These are not legal because official Hungarian documents are not permitted to indicate one's minority status. He can imagine that NGOs might be distributing such documents as well, but does not know of any (Bíró 18 Nov. 1998).

4.   SKINHEADS

All sources agree that skinhead activity has dramatically declined in the past few years; according to information provided to Höltzl, skinhead activity is now approximately two to three per cent what it was at the beginning of the 1990s; there are perhaps a few hundred individuals involved in such activity.

There was no consensus as to why skinhead activity has declined. Bíró indicated that discrimination is taking on other more broadly-based forms and that violence in society is manifesting itself differently (Bíró 18 Nov. 1998). Farkas felt that the presence of the minority self-governments has played a part, as skinheads now know that there are organizations to which victims can turn. Hancock suggested that skinheads' emphasis on ethnic hatred at the beginning of the decade might have been a reflection of the international focus on "ethnic cleansing" and racial violence at that time. According to Subtelny, the decrease might be due to the new possibility to engage in other anti-establishment activity. When comparing the level of skinhead activity with that in the Czech Republic, for example, he suggested that perhaps the greater influx of foreigners into Prague has triggered more xenophobia, that Hungary has been more strict with its crackdown or that the Czechs have more legal barriers to cracking down.

According to Subtelny, at least three-quarters of the country's skinheads are in Budapest. Bíró and Hancock concurred that skinheads were an urban phenomenon (Bíró 19 Nov. 1998; Hancock 20 Nov. 1998), although Farkas indicated that there have been attacks in villages and towns as well (Farkas 18 Nov. 1998). Subtelny and Hancock felt that an increase in unemployment or an economic downturn could possibly lead to a return of skinhead activity.

5.   RELATIONS WITH THE POLICE

Most of the interviewees agreed that there were serious problems with police-Roma relations. Bíró made the point that the police were the most visible contact between Roma and the majority community.

Kaltenbach maintained that the police were an instrument of state power prior to the transition to democracy and that the public consciousness of being protected, rather than threatened, by state power is weak. Police officers were relatively well paid under the former system and it was an attractive job for many people, but in the 1990s, a lot of the good staff have left the force, there has been a loss of prestige in being a police officer, and they are now among the worst paid civil servants. Furthermore, the ongoing debate about how to structure the forces has led to insecurity. There are also serious financial problems within the police force; their cars are old and lacking fuel and so forth. Frustrations have led to a decline in discipline and have caused latent attitudes to surface, including prejudices against foreigners and Roma.

There are two types of complaints that the Ombudsman's Office receives from Roma regarding the police: ill-treatment or abuse of police power, and negligence of Roma victims of crime (Kaltenbach 17 Nov. 1998). According to Kaltenbach, about 10 per cent of all complaints his office receives are about the police and almost all of these are from Roma. He added that there is no way of estimating how often Roma victims of abuse do not come forward.

Farkas, Bíró and Subtelny stated that Roma have cause to fear abuse by the police, not in the streets, but in detention or custody. Hancock stated that he has heard dozens of stories of police abuse of Roma. Bíró suggested that, as a general rule, if a Rom is arrested, it is very likely that he will be beaten up. There are numerous cases of petty theft and other small crimes committed by Roma, he added, and there is therefore an ongoing relationship between Roma and the police. He felt that run-ins between the police and the Roma are likely rising due to growing social tensions, but that this is impossible to prove due to the data protection law (Bíró 18 Nov. 1998) (See HUN30156.E on the data protection law). Hancock also felt that this situation was not improving.

According to Subtelny and Hancock, most difficulties between police and Roma would likely occur in provincial towns, especially in the east, although this concern is not really region-specific. Roma traditionally have low expectations of their relations with the police (Subtelny 29 Nov. 1998). Subtelny pointed out that the mafia is very well established in Budapest and that some Roma are also involved in it, particularly in the northeastern part of the country, often in connection with organized crime from the former Soviet states. The police know this and might be rougher with any Roma they come into contact with as a result. He stated this was based on information garnered from contacts in the former Soviet states (Subtelny 29 Nov. 1998).

Dr. Höltzl estimated that there have only been a few–"much less than a hundred"–cases to date where inappropriate police actions have led to criminal charges. Of those police officers who have been accused of crimes, it is hard to say how many of the crimes were against Roma, due to the data protection law (Höltzl 16 Nov. 1998). He added that for cases where police have been accused of crimes, most were terminated at the investigation stage due to lack of sufficient evidence. Kaltenbach stated that the effectiveness of trials involving problems in detention are much lower than in other types of cases.

6.   OTHER IDENTIFIED DIFFICULTIES FOR THE ROMA COMMUNITY

According to Farkas, 80 per cent of Roma live in small settlements, where poverty is worse, education possibilities are fewer, employment is lower and even part-time jobs are harder to find than in urban areas; it is in these areas that unemployment can reach 70 to 75 per cent. Dr. Kaltenbach stated that, although there were no studies documenting this, it is likely that Hungary is similar to other countries where populations in the urban centres tend to be more liberal. At the same time, he added, there are some small communities that do function well (Kaltenbach 16 Nov. 1998). Bíró stated that there were clearly more opportunities for Roma, as well as for the population in general, in the cities than in the countryside (Bíró 19 Nov. 1998).

6.1 Local Authorities

According to Kaltenbach, local authorities are the main cause of complaints made by Roma to the Ombudsman's Office[4]4. In the Ombudsman's first annual report covering 18 months between 1 July 1995 to December 1996, there were 432 complaints overall with 161 concerning local governments. In the second report, covering the next 12 months, there were 352 complaints overall with 145 regarding local governments (Kaltenbach 17 Nov. 1998). The complaints are generally related to social benefits payments, both with regard to local law-making and with the implementation of existing laws. Payments can be disorganized and there are complaints that the behaviour of civil servants towards Roma can be demeaning and humiliating (Kaltenbach 17 Nov. 1998). For example, recipients can receive social service payments in cash or kind, such as school stipends, textbooks or school meals, but in some cases Roma have been paid in kind while non-Roma have been paid in cash. There are also complaints that Roma neighbourhoods do not receive the same level of general services, such as road repair, as other areas (Kaltenbach 16 Nov. 1998).

Bíró felt that relations with local authorities are generally worsening. In particular, he felt that the recent problems with local mayors and populations regarding Roma housing (see previous IRB documentation) illustrate the growing pervasiveness of discrimination over the last two years. Mayors make anti-Roma statements and implement discriminatory actions because they reflect popular opinion and will help win them popularity (Bíró 18 Nov. 1998). At the same time, Farkas pointed out that in several villages where the local authorities tried to banish or ban Roma–Székesfehérvár, Sátoraljaújhely and Zámoly–new mayors were elected in the October 1998 elections and the tensions in these communities have now subsided (also Kaltenbach 16 Nov. 1998). He felt that this indicated that the presence of the minority self-governments, as well as NGOs, is making it harder for communities to try to banish Roma (Farkas 19 Nov. 1998).

Kaltenbach also indicated that there have been cases of municipalities buying flats to prevent private sales to Roma. He mentioned that there was a case in a village near Szeged, which led the Ombudsman's Office to propose to the procuracy that criminal procedures be taken against the authorities.

According to Kaltenbach, relations between local authorities and the minority self-governments have also led to complaints, for example that the local minority self-government is not allowed to participate in decision-making. There have also been conflicts about the resources for minority self-governments, which are supposed to be provided with the necessary facilities to function (also Subtelny 29 Nov. 1998). This is a particular concern in small settlements where space and resources are limited. Minority self-government disbursements can depend on local individuals. Dr. Kaltenbach said that the situation could be changed by amending Act LXXVII on the Rights of National and Ethnic Minorities.

6.2 Housing

Kaltenbach stated that in Budapest and other urban centres, Roma tend to live in flats, most of which are managed and distributed by the municipalities. According to Subtelny, much of the capital's housing stock has been privatized, although not to the extent of the smaller towns. There are more individuals in social housing in the countryside than in the capital because there are more housing options in Budapest (Subtelny 29 Nov. 1998). In some depressed villages, there are some very inexpensive properties that inhabitants have left because there is no work (Kaltenbach 17 Nov. 1998). Since the transition to democracy, Roma have been going to these regions due to dissatisfaction with conditions in their original location; this is, in effect, "spontaneous ghettoization" (Kaltenbach 17 Nov. 1998). The depressed region becomes a Roma region and the problem feeds on itself.

With regard to socially-provided housing, Subtelny stated that once an applicant is identified as a Rom, s/he will be given the worst dwelling available; with privately-owned dwellings, it is likely that s/he will not be given housing at all (also Farkas 18 Nov. 1998). This is due to the perception that Roma families are too large, that the furniture will be destroyed and that they are loud (Subtelny 29 Nov. 1998). Furthermore, others will tend to move out if a Romany family moves in (ibid.). Subtelny stated that in social housing, repairs are slow, there is a lack of water and there are heating problems. The local governments claim that Roma are destructive and irresponsible, while the Roma claim that the authorities do not maintain their properties.

The Ombudsman's Office does not get many complaints specific to housing discrimination (Kaltenbach 17 Nov. 1998; Höltzl 16 Nov. 1998). The Ombudsman recently conducted an investigation in Budapest's 8th District to examine allegations of housing discrimination. He looked at a number of housing allocation decisions over a period of approximately one year to see if there were any perceptible differences with respect to decisions based on ethnicity. While the Office made some slight recommendations regarding procedures, no serious cases of discrimination were found.

Incidences of squatting are rising, not only among Roma, but among ethnic Hungarians as well, as the economic transition has caused many people to lose their jobs, and they and others can no longer afford their mortgages, rent or utilities (Bíró 18 Nov. 1998; also Farkas 19 Nov. 1998). The Ombudsman's Office cannot help in cases where individuals are occupying a flat unlawfully, as squatting is illegal. However, the Ombudsman could become involved in cases in which the local authorities evict individuals unlawfully, such as forcing people to move before a court has determined that tenants are in violation of the law (Kaltenbach 17 Nov. 1998).

Another type of housing complaint relates to the building of subsidized flats, for which the government provides interest-free loans (Kaltenbach 17 Nov. 1998). Some construction companies have been accused of providing sub-standard housing to Roma. The Ombudsman has conducted investigations into these allegations, although it is not in their mandate, and asked local governments in some cases to give legal aid to help affected families.

6.3 Courts

Dr. Kaltenbach stated that his office does receive complaints against the justice system, although they are not able to address them (also Bíró 18 Nov. 1998). There are complaints from Roma that court decisions are unlawful, that decisions are unsatisfactory, that the system is too slow, and that judges or lawyers behave improperly. The Ombudsman cannot do a great deal in such cases, except perhaps write a letter. Individual Roma can appeal decisions felt to be unjust (Kaltenbach 17 Nov. 1998). Kaltenbach felt that the only way to address the underlying problems was extensive training of the judiciary.

Roma do not place much trust in the justice system, according to Kaltenbach. Racism is probably a problem in courts and prosecutors' offices, but the Ombudsman did not know of any studies to quantify this. He stated that Roma are not very likely to trust the majority administration in general. Bíró felt that it is possible that Roma would be more likely to face rude or aggressive behaviour by the authorities during a court case and that it is quite possible that they would receive higher condemnation than non-Roma before the courts for an infraction. He added that this issue has not been addressed by the government.

According to Höltzl, while it might be perceived that authorities, prosecutors or judges would not treat Roma equally, he did not believe it was usually the case. He acknowledged that there are complaints that Roma before the courts on criminal matters might not receive a fair trial, adding that such complaints are generally declining or perhaps remaining about the same.

Subtelny felt that the situation of Roma in the court system does not seem to be a major concern and that it appears that Roma would get a fair hearing if they go to court. With regard to law enforcement officials, he added, relations with the police are the biggest problem.

6.4 Employment

The Ombudsman's Office does not receive many labour complaints, which~Kaltenbach found surprising. Most of Roma's labour complaints would be regarding community work (public works programmes initiated and subsidized by the government)–that they are ill-treated or that there are not enough opportunities. Roma make up an estimated 50 per cent of community workers (Kaltenbach 17 Nov. 1998; Höltzl 16 Nov. 1998).

Roma unemployment is very high (see previous IRB documentation). Roma are often dependent on odd jobs that they can obtain in villages or are living on social benefits (Bíró 18 Nov. 1998). Roma are generally unskilled and their likelihood of entering the wider economy is minimal (ibid.). Very few Roma have moved on to become skilled labourers. Hancock mentioned that there are certain jobs open to Roma, but that they try not to take them for cultural reasons, such as grave diggers or garbage collectors, as anything to do with body fluids is considered to cause a spiritual contamination. There is a daily job market in Budapest, although Roma do not generally attend it (Bíró 18 Nov. 1998). Bíró was not certain as to why, suggesting its location might be a problem–it is in Buda and there are not many Roma in Buda–and that Roma would be more likely to look for local odd jobs. He also speculated that they might realize they would not be welcomed by the ethnic Hungarians there. In the cities and larger towns, there are also opportunities, for all citizens including Roma, to work in the black economy (Bíró 19 Nov. 1998).

Dr. Kaltenbach cited surveys from 1997 that found that when two equally-qualified candidates are being considered for a job, a Rom and a non-Rom, the non-Rom would be twice as likely to be offered the position; Farkas and Bíró also stated that if a Rom and a non-Rom are up for a job, the non-Rom will be hired. Farkas added these things are impossible to prove. He also stated that Roma are slightly less likely to be discriminated against when seeking work than previously. He was of the opinion that things have improved in the last three years since the minority self-governments were established.

7.   FORMS OF REDRESS

Different types of discriminatory behaviour can be addressed through different legal and administrative mechanisms, and there are various institutions or organizations Roma can contact to help them seek redress. These include NGOs, the minority self-governments and the Ombudsman. At the same time, interviewees suggested several reasons that Roma might not attempt to seek redress.

7.1 Legal and Administrative Mechanisms

Outside of the constitution, there is no other basic single piece of legislation covering discrimination generally (Höltzl 16 Nov. 1998). According to a 30 November 1998 plan, the Minister of Justice will launch an investigation into laws with clauses regarding discrimination to examine their disadvantages and implementation (Höltzl 16 Nov. 1998). A final report is due by 31 December 1999.

With regard to complaints in the education system, Bíró stated that individual remedies are not the general practice. Complainants could go to the school board, but school boards are not very active. Höltzl, Hancock and Subtelny suggested that when Roma have problems in the schools, they can first approach the principal and the teachers. Subtelny felt that they would probably get a hearing now with the principal or teacher as this is a situation that has improved, primarily because it appears that regional activities in this area are now being monitored from Budapest.

Cases can also be taken to court under the 1993 Public Education Law, which covers discrimination in the education system (Höltzl 16 Nov. 1998; also Subtelny 29 Nov. 1998). Cases of this sort would be heard by First Instance Courts. There are currently three levels of courts in Hungary, city and county courts (as courts of first and second instance) and the Supreme Court, although there are discussions to introduce a fourth (Höltzl 17 Nov. 1998). There are also civil, criminal and labour courts. Dr. Höltzl had no information on whether anyone had actually initiated a court case regarding discrimination in the classroom.

Several changes were made to the Penal Code in 1996, including the addition of sections pertaining to assaults against members of minority communities (see also the IRB's March 1998 Issue Paper Roma in Hungary); Section 174 (b) outlaws "violence against a member of a national, ethnic, racial or religious group" and Section 269 deals with "violence against a community" (Kaltenbach 16 Nov. 1998)[5]5.

Cases under these laws would be presented to a prosecutor's office, which decides what charges to lay (Höltzl 17 Nov. 1998). Several interviewees stated that these new amendments covering racial motivation are not yet being fully utilized (Bíró 18 Nov. 1998; Höltzl 16 Nov. 1998; Kaltenbach 17 Nov. 1998). Racially-motivated crimes or actions have not been treated as such and only one case, a skinhead case, has gone through the courts successfully to date. There are two or three in process (Bíró 18 Nov. 1998; Höltzl 16 Nov. 1998). When the prosecution is laying charges, finding proof that an attack was racially motivated is usually difficult (Höltzl 16 Nov. 1998; Kaltenbach 17 Nov. 1998). Dr. Kaltenbach noted that prosecutors have shown some more willingness recently to use these sections (Kaltenbach 16 Nov. 1998).

For complaints against local authorities, there are low-level supervisory bodies that examine the lawfulness of local government decisions (Kaltenbach 17 Nov. 1998). These are accessible to all citizens. Dr. Kaltenbach was not aware of how many complaints the supervisory bodies receive. Bíró, Kaltenbach and Höltzl also suggested that cases against local authorities can go to the court, with Höltzl suggesting the Act on Administrative Procedure as being the likely governing statute. If criminal laws have been broken, such as in the case of bribery, criminal cases can also be pursued (Höltzl 16 Nov. 1998).

However, Bíró pointed out that a mayor could simply legalize an anti-Roma policy by passing a law. In order to overturn an anti-Roma law, it would have to be found to be anti-constitutional. In certain cases, the Ombudsman has made public statements to that effect (Bíró 18 Nov. 1998). If local authorities do not change their decision after the resultant publicity, they can be taken to court to have the law officially overturned, although no one, to Bíró's knowledge, has yet taken it that far.

Dr. Höltzl also pointed out that the Administrative Offences Law, which deals with lesser crimes than those covered in the Criminal Code, was modified in 1997 to include situations where a minority member is affected. These would be administrative offences sanctionable by fines of up to 50,000 forints (CDN$361.50). Dr. Höltzl was unaware whether this law has been used in a minority-related case as yet.

Labour complaints are heard by a special labour court (Höltzl 17 Nov. 1998). The Labour Code covers discrimination and has a reverse burden of proof, for example in cases regarding dismissal (Kaltenbach 17 Nov. 1998). However, according to Farkas, there have been no successful cases yet of Roma using it (Farkas 19 Nov. 1998).

During the 17 November 1998 interview,~Kaltenbach stated that he would be holding a press conference on 23 November 1998 calling for a simplification and shortening of procedures for determining labour discrimination with respect to hiring practices. He felt that steps should be taken to inform citizens better about the labour agencies that exist for discrimination cases and sanctions should be introduced against discriminatory employers. These suggestions have been discussed with the Social Affairs Ministry and the Ombudsman was confident they would be accepted (Kaltenbach 17 Nov. 1998).

According to Farkas, when a minority self-government adviser receives a complaint about discriminatory hiring practices, s/he would call the employer and make an enquiry. It might be possible, if a complainant were qualified, to sue the employer, but the proper solution would be a clear sanctioning mechanism. According to Farkas, ever since the minority self-governments were established, employers have been more careful, particularly in smaller cities, where this type of occurrence happens more often. Generally, however, complaints pursued are not successful. People can follow complaints through to the European Court of Human Rights, but few people know about this procedure and it is a very long process (Farkas 19 Nov. 1998).

Housing complaints are covered by different mechanisms, depending on the type of housing. If the flat in question is a subsidized apartment, it would be covered by the Act on Administrative Procedure, which prohibits discrimination (Höltzl 16 Nov. 1998). According to Höltzl, transactions for private apartments are covered under the Civil Code, which states that all citizens have the same civil rights. If an individual's rights are violated by private persons according to the Civil Code, s/he can take pursue a criminal and/or a civil case. In the "pub case" (see the IRB's March 1998 Issue Paper Roma in Hungary), the complainant, Mr. Góman, received financial compensation from both court actions, but the civil payment was much higher. Höltzl did not know if there were other cases like this in the system.

With regard to complaints against the police, Roma can go to the local police chief or seek out a lawyer, but this is rare (Bíró 18 Nov. 1998). If complaints against police are received by the Ombudsman's Office, the Ombudsman would turn to the police to request an investigation in the case of disciplinary matters. The next level would be the prosecutor's office, which could investigate an incident and lay charges where appropriate (Kaltenbach 16 Nov. 1998).

7.2 Pursuing Complaints

Most of the interviewees suggested several impediments to pursuing legal cases, although Farkas felt that there were no significant impediments, that the avenues under discussion were very well-publicized and that most Roma know about them.

According to Kaltenbach, it is generally perceived that in cases where rules have been followed and formal conditions have been met, authorities will be unlikely to change their position in the face of discrimination complaints, and people will usually not pursue such cases. Bíró felt that human rights issues are less of a concern in Hungary today than economic issues. Kaltenbach and Bíró both stated that the level of civic consciousness is not very high in the population in general and among Roma in particular. Roma are more likely to see the state administration and power structures as threatening as opposed to protective (Kaltenbach 17 Nov. 1998). According to Bíró, Roma are to an extent resigned to an unfavourable situation and ongoing discrimination and are also more prone to quit if they do initiate a procedure (Bíró 18 Nov. 1998). However, he added that this is beginning to change and that Roma are beginning to go to Roma organizations and civil rights foundations that provide advice on general legal problems, such as property. He emphasized that it has only been a short time and that these sorts of actions are very new.

Dr. Höltzl stated that in general Roma do not use the judicial system as often as non-Roma, primarily because they do not know about the options available (also Hancock 30 Nov. 1998). Farkas and Bíró also stated that some Roma, particularly those in isolated areas or those with less education, might not know about available mechanisms (Farkas 18 Nov. 1998; Bíró 19 Nov. 1998).

Dr. Kaltenbach pointed out that pursuing a case through the courts costs money and is difficult for anyone, not just for Roma (also Bíró 18 Nov. 1998; Hancock 30 Nov. 1998). Complainants can ask for legal aid, which would waive legal fees, but they would still have to pay for advocacy (Kaltenbach 17 Nov. 1998). Höltzl added that Roma would generally be granted legal aid.

According to Hancock, difficulties proving that discrimination has taken place can also discourage individuals from pursuing cases.

Several interviewees spoke of the difficulties finding a lawyer who will pursue a case. There are some lawyers who will provide assistance (Kaltenbach 17 Nov. 1998; Hancock 30 Nov. 1998). Bíró stated that there are approximately 2,000 lawyers in the country and that possibly 20-23 of them would take on human rights work (Bíró 19 Nov. 1998). He felt that there is a broadening community knowledge of who might take cases (18 Nov. 1998). Hancock added that any lawyers likely to work pro bono would probably be situated in an urban area, not in the countryside, where most Roma live. Bíró also stated that finding lawyers to take cases against the police is difficult.

With the support of a government programme, there are currently 12 Roma police officers attending law school (Höltzl 16 Nov. 1998). The European Roma Rights Centre has set up a programme to provide stipends for Roma law students. Bíró indicated that there are approximately 75 receiving support across several countries and that roughly 4 or 5 of them are from Hungary. None as yet has finished law school. Bíró was of the belief that there is currently one Roma lawyer in Hungary and he is not working on human rights cases (Bíró 19 Nov. 1998).

 

7.2.1             NGOs

Legal representation for Roma can be provided through NGOs and minority self-governments, which are accessible throughout the country (Kaltenbach 17 Nov. 1998; Farkas 19 Nov. 1998). There are approximately 200 NGOs dealing with Roma issues, of which roughly 10 have legal services (Farkas 19 Nov. 1998). Farkas mentioned NEKI, Phralipe and the Civic Foundation. Bíró noted that some groups, such as NEKI, cover discrimination in particular, while others also provide more general legal assistance. Several of these organizations are national and there are numerous local ones as well (Farkas 19 Nov. 1998). Farkas also mentioned the National and Ethnic Foundation that has lawyers in 22 offices across the country to assist in discrimination cases (Farkas 18 Nov. 1998). Farkas also heads Lungo Drom, a Roma NGO that issues publications, runs a school, provides training and works on other programmes for the Roma community. It has offices in Hungary's 19 counties and in Budapest's 8th District (Farkas 19 Nov. 1998).

NEKI, which does not charge its clients, can pursue a case through the courts. It has five offices: Miskolc, Debrecen, Pécs, Eger and Nyíregyháza. It is becoming more well-known among the Roma, as are other national NGOs, and the number of cases it reviews is rising. However, these are very long processes that can take years; maintaining the interest of Romany complainants in pursuing a case can be difficult. NEKI also aims to set up training seminars for lawyers (Bíró 18 Nov. 1998).

According to Höltzl, government funding for Romany NGOs over the last several years has been as follows: 1995: 26.6 million forints (CDN$192,318); 1996: 26.1 million forints (CDN$188,703); 1997: 27.6 million forints (CDN$199,548); 1998: 31.8 million forints (CDN$229, 514). The estimated 1999 budget for all of the country's minority NGOs–not just Roma–is 87 million forints (CDN$629,010). Höltzl stated that 15 million forints (CDN$108,450) were provided to NGOs that assist Roma with legal matters.

7.2.2              Minority Self-Governments

According to Farkas, following the October 1998 local elections, there are now over 850 settlements with minority self-governments across the country. There can be more than one minority self-government per settlement. Across the country, there are roughly 1,320 minority self-governments and over 800 of them are Roma. There are also Roma representatives sitting on regular local governments in 320 settlements. Unlike the minority self-government representatives, these representatives can vote on non-minority issues (Farkas 19 Nov. 1998).

Within the self-governments, there are legal advisers who can assist complainants, although there are no statistics on how many people approach them. Bíró was of the opinion that individuals would be more likely to turn to NGOs or the Ombudsman's Office than the minority self-governments in human rights cases, although the minority self-governments have recently become more involved in such cases (Bíró 19 Nov. 1998). Subtelny felt that the prevalence of Roma NGOs might indicate a certain dissatisfaction with the minority self-governments (4 Nov. 1998). Höltzl and Farkas also indicated that an individual's personal connections would play a role in which type of avenue s/he decided to choose (Höltzl 17 Nov. 1998; Farkas 18 Nov. 1998).

7.2.3              Ombudsman's Office

The Ombudsman described his office as being easily accessible, affordable (it is free), flexible, relatively speedy–"the court of the poor people." The courts are a powerful state institution, while the Ombudsman's Office can be seen as an institution that the public "owns." The Ombudsman brings publicity to potentially discriminatory situations, although the Office cannot initiate civil court procedures (Kaltenbach 17 Nov. 1998; Höltzl 16 Nov. 1998; Bíró 18 Nov. 1998).

The Ombudsman said his office has three different competencies: to make general investigations into complaints; ex officio in certain sectors of public administration, to propose amendments to the law; and to play a mediatory role in disputes. The Ombudsman's proposals are usually accepted. Depending on the type of complaint (investigation), the process can take between one week and several months. The Office does not have to wait for other avenues to be exhausted before it can intervene (Kaltenbach 16 Nov. 1998).

Dr. Kaltenbach indicated that in the period covered by his first annual report, 68 per cent of complaints were from Roma, while in the second report, 63 per cent were from Roma (Kaltenbach 16 Nov. 1998). Most Roma complaints were about discrimination in some form, and secondly, about the ability of the minority self-governments to function (Kaltenbach 16 Nov. 1998).

The Ombudsman's Budapest office is open every day and the Ombudsman also receives complaints by mail and telephone. The Office travels across the country "very often" to visit villages and regions. Before the visits, boxes are put out in the street where individuals can drop off complaints (Kaltenbach 17 Nov. 1998).

According to Kaltenbach and Bíró, people are more likely to go to the Ombudsman than to pursue other avenues if they feel their rights are abused. Höltzl agreed that Roma are very likely to turn to the Ombudsman, particularly over the last few years. However, he believed that they are turning to NGOs in increasing numbers as well (Höltzl 16 Nov. 1998). According to Subtelny, the current Ombudsman has a good reputation and is looking into programmes and finding ways to make them more effective. Although many may not be aware of the Office, those who are have a generally positive attitude towards it (Subtelny 29 Nov. 1998). He acknowledged that this perception is generally gathered from contacts with Roma NGOs and Hungarian academics, who would tend to be Budapest-centred. He also added that police chiefs in smaller towns might be more likely to see the Ombudsman as an interference in local affairs, a symptom of a power struggle between the local and central authorities (Subtelny 29 Nov. 1998).

Dr. Kaltenbach considers his office to be well publicized and noted that it is regularly in the media. According to Bíró, the Ombudsman is quite well-known among people interested in politics, but not necessarily among the general population, although awareness is growing.

Dr. Kaltenbach stated that they have not, to date, had the resources to do a poll themselves, although one conducted a while ago by private researchers found that approximately 50 per cent of the population was aware of the Ombudsman.

The Ombudsman found it difficult to estimate how well-known his office is among Roma in particular, adding that Roma are often not very politically active because of their living circumstances. On the other hand, he pointed out that the new minority self-governments elected in October 1998 will likely serve as potential agents to publicize the Ombudsman; his office has relatively intensive connections through the national minority self-government (Kaltenbach 17 Nov. 1998).

8.   EFFORTS TO ADDRESS ROMA CONCERNS

8.1    Education

The Ombudsman's Office released a report in the spring of 1998 on Hungary's education system; it is not available in English, although some details are provided in the English-language summary of the office's latest annual report, which is available in IRB Regional Documentation Centres. According to Kaltenbach, the Ministry of Education accepted all of the office's substantive recommendations, although the May election put a temporary halt to their implementation. Kaltenbach expressed the opinion that his contacts within the Ministry since the election should mean that implementation of the recommendations will progress shortly (Kaltenbach 17 Nov. 1998).

According to Kaltenbach, the situation with regard to education has not gotten worse in the last 18 months. There has been an awareness-raising regarding education and the population is being climatized to these issues. As well, the Ministry and the public administration have a better understanding of the problems.

The Ombudsman is currently completing an investigation regarding the system of special schooling. He is also expecting to recommend to the government that it remove the sanctions imposed on parents for not enrolling their children in schools, as they only exacerbate these families' poverty.

Normative assistance is currently provided for all minority kindergarten education, and schools receive 23,000 forints (CDN$166.29) per student to teach minority language and traditions (Höltzl 16 Nov. 1998). Within grade school there is also special assistance specific to Roma: 24,000 forints (CDN$173.52) per student is offered to the schools to promote integration and 10,000 forints (CDN$72.30) is offered to the schools towards the residence costs of Roma students[6]6. Roma students can obtain stipends from other sources as well (Höltzl 16 Nov. 1998). The Roma Foundation, for example, has a project to assist Roma children attend high school (ibid.).

Mr. Farkas provided information about a programme to develop inter-cultural education training for teachers to learn about Roma. The National Roma Self-Government supplies the teachers with books and other resources in specific schools and prepares literature for teachers. At least 300 elementary schools that have had such training. This programme began three years ago as a pilot project and while Farkas considers it to have been a success, its funding has diminished and the programme as a whole has slowed down. Now, Farkas believes that the goal is to get training into the remaining 1,000 schools that have Roma students (Farkas 19 Nov. 1998).

A November 1997 guideline to the Minister of Education dealt with minorities' needs with respect to education and included information about teaching Roma (Höltzl 16 Nov. 1998). Since this is the first school year that it has been implemented, there are no data on its effectiveness as yet.

There are a number of schools that cater in part or completely to the Roma community. Three years ago, the Roma Opportunities School was established in Szolnok (Farkas 19 Nov. 1998). This high school teaches trades and sets up employment opportunities for the students. They are taught about Roma culture and also taught by Romany teachers; about 40 per cent of students are non-Roma. So far, 64 students have graduated and obtained jobs in such fields as computers, agriculture and construction, and there are currently 110 students in the school. The school is partially funded by the government and the aim is to set up similar programmes in all of the country's 19 counties.

Other schools include the Gandhi High School in Pécs, established in 1995, with approximately 114 students, where children are taught various languages, including Romany and Beash, as well as Spanish and French (Farkas 19 Nov. 1998) (see the IRB's March 1998 Issue Paper Roma in Hungary).

According to Höltzl, normative assistance for all minorities for minority education has increased as follows: 1994: 1,880 million forints (CDN$13,592,400); 1995: 1,907 million forints (CDN$13,787,610); 1996: 2,334 million forints (CDN$16,874,820); 1997: 3,246 million forints (CDN$23,468,580). Money is also provided through the Gandhi Foundation, which provides assistance to the Gandhi School, among other things. The Foundation's budget history is as follows: 1996: 243 million forints (CDN$1,756,890); 1997: 325 million forints (CDN$2,349.750); 1998: 230 million forints (CDN$1,662,900) (Höltzl 16 Nov. 1998). A Phare programme will begin in 1999 that will put two million ECU into Roma education programmes (CDN$3,382,309) (Kaltenbach 17 Nov. 1998).

The Kalyi Jag School is a Budapest trade school teaching Romany language, history and culture as well as computer training (Farkas 19 Nov. 1998; Bíró 18 Nov. 1998). It was established three years ago and there are between 50 (Bíró 18 Nov. 1998) and 100 students (Farkas 19 Nov. 1998). It receives some government funds (Farkas 19 Nov. 1998; Bíró 18 Nov. 1998).

According to Bíró, the government is structurally incapable of assisting the Roma community in some areas, and NGOs have occasionally attempted to fill the gaps. The Tanoda Foundation in Budapest's 8th District, for example, is a prepatory school founded by Dr. Bíró. It is a non-governmental after-school institution for Romany teenagers, who can attend courses in the afternoon with specially trained teachers to help them prepare to enter university. There are approximately 50 young people (between 14 and 18 years old) enrolled. It is funded by a Dutch foundation and the Soros Foundation, with local government funding. Their funding application to the Minorities Foundation was unsuccessful (Bíró 18 Nov. 1998).

Farkas also discussed an education facility in Szolnok that offers computer classes and secretarial courses for Roma. This is a private initiative that reaches several hundred students. It has been running for four years and receives no government funding.

8.2 Police

There are several initiatives underway with regard to police-Roma relations (see the IRB's March 1998 Issue Paper Roma in Hungary; HUN30156.EX; and HUN30081.EX). Romany culture, values and history are being taught as part of police training (Bíró 18 Nov. 1998; Kaltenbach 17 Nov. 1998; Höltzl 16 Nov. 1998; Farkas 19 Nov. 1998). A text book containing minority rights information was sent to all police educational institutions within the last year (Höltzl 16 Nov. 1998; also Kaltenbach 17 Nov. 1998). The United States-based Project on Ethnic Relations (PER) set up a community policing programme in May 1998 that involves 200 people; it is too early to judge the programme's success (Höltzl 16 Nov. 1998; also Kaltenbach 17 Nov. 1998).

Kaltenbach felt that it is too early to say whether there have been any real changes in police behaviour as it takes time to change attitudes, while Farkas indicated that police's prejudicial attitudes are not changing. A recent survey indicated that up to 70 per cent of the Hungarian police are prejudiced (Farkas 19 Nov. 1998).

According to a November 1998 draft plan released by the Ministry of Justice, the Ministry of the Interior would monitor the behaviour of police regarding the Roma community and prepare an annual report on its findings (Höltzl 16 Nov. 1998). The Ministry of the Interior would be responsible for initiating disciplinary actions or laying criminal charges where necessary (ibid.).

The National Roma Self-Government has also set up a funding mechanism to support Roma students to reach the senior levels of the police force (Farkas 19 Nov. 1998), although Kaltenbach indicated that the programme has not been very successful (Kaltenbach 17 Nov. 1998) (see HUN30156.EX). Farkas and Höltzl acknowledged that there had been few applicants to the programme (Farkas 18 Nov. 1998; Höltzl 16 Nov. 1998). Mr. Farkas stated that there were roughly 40 or 50 Roma on the police force across the country and about 35 currently at the academy (Farkas 18 Nov. 1998).

In two counties, Heves and Borsod-Abaúj-Zemplén, pilot projects have been set up whereby it is mandatory that police interrogations be taped and that legal representation be provided (Farkas 18 Nov. 1998).

8.3 Housing

According to Farkas, the government has established a 40 million forint (CDN$289,200) government programme to build housing for people in need (see HUN30463.E). The programme is open to the entire population, but Roma housing in particular is very poor and that community has strongly benefited from it. In May 1998, 151 houses were built and another 100 were scheduled to be constructed in December 1998. These are all across the country, especially in small towns. The Roma minority self-governments have established a programme to assist Roma families with three or more children to gain access to these funds (Farkas 18 Nov. 1998). The Roma minority self-governments identify eligible families, do the necessary banking, take care of legal fees, monitor the construction, etc. There are no loans and the recipients own the houses. Sometimes extra money has been needed and has come from other sources including the National Roma Self-Government's resources (Farkas 19 Nov. 1998). Farkas expects and hopes that the programme will be expanded throughout the country.

8.4 Roma Foundation

The governmental Foundation for Hungarian Roma provides assistance for farming, small businesses and cultural programmes (Farkas 19 Nov. 1998; Höltzl 16 Nov. 1998). Half of the Board of Directors is Romany (Bíró 19 Nov. 1998). The budget for the foundation over the past several years is as follows: 1996: 150 million forints (CDN$1,084,500); 1997: 170 million forints (CDN$1,229,100); 1998: 250 million forints (CDN$1,807,500); 1999 (projected): 280 million forints (CDN$2,024,400) (Höltzl 16 Nov. 1998). Up to 1998, it has assisted 173 individual projects. These include survival projects in agriculture to ensure that families can continue with agriculture activities for subsistence, and programmes for small businesses. For the latter, 20 per cent of the support were grants and 80 per cent were loans, while for agriculture projects, the proportions were reversed (Höltzl 16 Nov. 1998).

In Farkas' opinion, the foundation's programmes are not as useful as they could be and more money should be given to school and employment programmes; the money should be available more quickly and there should be more directed government spending (Farkas 19 Nov. 1998). Bíró also suggested that there were difficulties with the foundation: available funds work out to roughly two dollars (276 forints) per Roma; it is bureaucratic and the decision-making is problematic. Politics affect the process both at the level of the individual application and the overall process.

8.5 Employment Programmes

Employment programmes tend to be piecemeal and not specifically targeted at the Roma population (Bíró 19 Nov. 1998). There are state training programmes and there is no discrimination entering them, but they require a certain educational level to enter (Bíró 18 Nov. 1998). The governmental Roma Foundation, and the private Autonomia Foundation have some employment programmes that between them have sponsored several hundred individual projects. They have also collaterally provided Roma with the opportunity to manage projects and become knowledgeable about funding application procedures. (Bíró 19 Nov. 1998). The Minister of Agriculture also sponsors some agricultural projects and the Roma minority self-government programme in Szolnok (see section 8.1) aims to provide employment opportunities.

8.6 Concerns about Programme Implementation

Several of the interviewees stated that Romany issues in general are not a government priority (Kaltenbach 17 Nov. 1998; Farkas 19 Nov. 1998; Bíró 18 Nov. 1998). The Ombudsman has consistently emphasized three issues regarding the "medium-term plan" (see HUN30463.E; HUN30156.EX; and the IRB's March 1998 Issue Paper Roma in Hungary for details about this plan and its implementation). First, funding is insufficient and needs to be better directed. Second, there should be a specific individual accountable, such as a commissioner, and third, a communications strategy should be implemented to promote public support for Roma programmes. Farkas' reaction to the medium-term plan implementation was also mixed, stating that the government sometimes does not act effectively, even when it has a plan of action. The National Roma Self-Government tries to encourage government action by promoting what it sees as the most important issues to pursue. According to Hancock, the process of change has to be examined over the long-term and, from that perspective, some individuals and some government agencies are taking steps in the right direction while some are not and some are saying the right things in print, but not carrying them out in practice.

Dr. Kaltenbach had no information about a new overall plan regarding the Roma, although he was of the opinion that the medium-term plan should be refreshed and was aware that it was on the government agenda. The government is planning to create an expert group from the Roma community to provide advice on the programme (Kaltenbach 17 Nov. 1998).

According to Höltzl, the justice minister is responsible for monitoring the implementation of government activities regarding Roma, mostly with respect to the medium-term plan. Reports from the various departments involved were to be submitted to the Ministry of Justice and an analysis prepared by 30 November 1998. The Ministry was expected to make recommendations shortly thereafter on modifying and updating government actions in this policy area (Höltzl 16 Nov. 1998).

According to Bíró, Hungary's institutional framework regarding minorities is among the most advanced in the world. The Law on Minorities, while perhaps poorly put together, is conceptually very progressive. However, Bíró felt that the issue, as a whole, of the country's Roma population is a very serious matter that is being treated in an administrative manner. The fact that there are no specific efforts regarding employment, for example, is a case in point. At this time, money and efforts spent on this issue are not readily visible.

Regarding minority self-governments, Farkas felt that they need more financing and also stated that the funding should be provided in a different way. It would be more helpful, he added, if the funds were more directly allocated to the minority self-governments, instead of parcelled out by the national government through the local authorities. All of the national self-governments recently submitted a series of recommendations to the government to change the funding structure (Farkas 19 Nov. 1998). Subtelny has detected a note of skepticism with regard to how well the minority self-governments represent the minority population, stating that there has been a perception that they have been co-opted by the local authorities or are simply ineffectual. Hancock suggested that they might in fact isolate Roma from the traditional political structures, albeit unintentionally (20 Nov. 1998). Dr. Bíró stated that the minority self-governments can perhaps have a negative consequence by raising people's expectations without having the resources to be as effective as they might like. At the same time, he added, they raise minority issues and provide valuable political experience (Bíró 19 Nov. 1998).

Both Bíró and Farkas pointed out that the Roma community or institutions are neither consulted adequately nor do they have enough decision-making power. Bíró was of the opinion that NGOs would in fact be in a better position than the government to deal with many of the problems facing the Roma community, with the exception of education. Farkas, Bíró and Kaltenbach all indicated that there was some concern that the money allotted for minority education, including Roma education, is not always spent on its intended purposes.

Prof. Subtelny stated that some of the biggest problems with programme implementation were at the lower level of the administration. The government and ministerial staff in Budapest have an interest in making the programmes work, which is not necessarily the case elsewhere.

9.   FURTHER CONSIDERATIONS

Mr. Farkas was of the opinion that the overall situation for the Romany community has improved over the past 10 to 15 years. Fifteen years ago, there were no Romany teachers, police officers, businessmen or politicians. There have been improvements for the community since then, although they might not be immediately visible (Farkas 19 Nov. 1998). He felt that there is a possibility than the Roma community will be in a position within the next few years to form their own political party and that programmes initiated by NGOs will be extended throughout the country.

At the same time, Bíró, Subtelny, Farkas and Hancock stressed that the relationship between Roma and non-Roma must be understood within an historical framework of antagonism. Both Bíró and Farkas referred to a "consensus" within the Hungarian population of the negative perception of Roma. Bíró added that this includes those in positions of power, including the police.

According to Kaltenbach, however, polls indicate that when asked, roughly 60-70 per cent of respondents will say they "don't like Roma" and attribute negative qualities to them, but if they are asked whether Roma should be treated equally and whether the state should allocate programmes for them, more than 50 per cent agree. In the Sátoraljaújhely case, it has been perceived that the mayor was supported by most of the population when he tried to ban a number of Roma families from the town (see Section 6.1). However, 2 to 3 weeks after the incident, a national poll indicated that popular opinion was split roughly in half over whether the mayor had acted correctly.

Both Bíró and Farkas stated that Roma language and culture are not known among the majority population and suggested that providing Hungarians with information about Roma culture and values would be a beneficial step towards improving inter-community relations. Kaltenbach also felt that improving communications between the communities was vital. Höltzl indicated that the new Roma programme would include a communications component that was prepared by the national government and sent to the National Roma Self-Government for consultation (Höltzl 17 Nov. 1998).

According to Bíró, the government should be more forthright about its condemnation of racist and prejudicial actions. He was also very concerned about the general level of prejudice in Hungarian society and the general increasing societal violence due to deteriorating social and economic circumstances. He felt that in part due to the broadening base of discrimination, the daily indignities experienced and the increasing economic insecurity, the sense of fear among Roma is growing. He was of the opinion that young people in particular might soon lose patience with the situation, with potentially violent consequences (Bíró 18 Nov. 1998).

Yet, Bíró felt that the Hungarian press treats Roma with much less prejudice than other countries have and has helped bring more attention to Roma issues. He added that Hungary is a country governed by the rule of law and that there are remedies to discriminatory situations, but that the question remains whether people are aware of them and whether they are using them. He said that Roma are very slowly becoming more aware of their rights (Bíró 19 Nov. 1998).

Dr. Kaltenbach felt that there are some steps being taken to address Roma concerns and that there is some reason to be optimistic, but a lot of resources will be needed to adequately address the situation. He felt that Hungary needs two programmes to set things on the right track: a crisis management programme for those without prospects–those, for example, 50 years of age or older with no potential for training; and a long-term development plan for younger people that starts at a very early age.

Dr. Höltzl stated that the new action plan is going to contain an obligation to work out a long-term plan as well. The new action plan will be comprehensive, covering education, culture, employment, agriculture, financial support, health care, housing, anti-discrimination and communication problems between the majority and the minority.

Both Professors Hancock and Subtelny were of the opinion that the historically poor relations between the majority and Roma communities mean that any improvements will be incremental. Subtelny emphasized that the deeply-entrenched negative perceptions held by the majority community cannot be changed in a decade. He stated that it was not so much that the Roma are in danger now, but that there is a potential for danger if things go badly; should things go wrong, it is likely that the Roma could serve as a scapegoat, as they have in the past. Furthermore, according to Subtelny, the changes the government has implemented regarding minorities in general and Roma in particular are motivated in large part by external factors, such as a desire to join the European Union (Subtelny 4 Nov. 1998). Hancock felt that Roma's historical lack of dignity, rights and political and financial strength has caused behavioural patterns to become institutionalized and these too are unlikely to change overnight; the ability to integrate must be learned. He added that traditionally, Roma have been socially structured in small isolated groups and that there is no historical pattern of nationally unified groups, making a broad political or social movement on their part more difficult.

NOTES ON SOURCES

András Bíró

Dr. András Bíró is the Chair of the Board of the European Roma Rights Center (ERRC) in Hungary, Chair of the Office for the Legal Protection of National and Ethnic Minorities (NEKI), a member of the Council of Europe's Specialist Group on Roma and an adviser to the Open Society Institute in Budapest on Roma issues. In 1990, he set up the Autonómia Foundation, which provides financial support to Roma for income-generating projects.

Flórián Farkas

Mr. Flórián Farkas is the elected President of the National Roma Self-Government and the founder and President of the NGO "Lungo Drom." He also co-founded the NGO The Roma Parliament and two Roma newspapers: Lungo Drom and Cigány Hírlap.

Ian Hancock

Professor Ian Hancock has been President of the International Roma Federation since 1993 and is a Member of the Romani Advisory Committee for the Project on Ethnic Relations (PER). He is a Professor of Linguistics and English at the University of Texas (Austin).

Lipót Höltzl

Dr. Lipót Höltzl is the Deputy Secretary of State at the Hungarian Ministry of Justice. His responsibilities include preparation of human rights legislation, bilateral and international relations, harmonization of Hungarian legislation with the legislation of the European Union and government representation in proceedings of the European Court of Human Rights.

Jenõ Kaltenbach

Dr. Jenõ Kaltenbach is the Parliamentary Commissioner for National and Ethnic Minorities, also known as the Minorities Ombudsman. Dr. Kaltenbach was appointed by Parliament in 1995. He is also the Hungarian representative on the European Commission Against Racism and Intolerance and a Member of the European Monitoring Centre on Racism and Xenophobia.

Orest Subtelny

Professor Orest Subtelny is a specialist in East European minority affairs at York University (Toronto). He has taught courses on the history of Eastern Europe (Slovak Republic, Poland, Hungary, Romania as well as the Former Soviet Union), with a particular focus on nationalism, including the situation of minority communities. He is also the editor of Nationality Papers.

REFERENCES

Bíró, András. 19 November 1998. Testimony before the Immigration and Refugee Board.

Bíró, András. 18 November 1998. Interview with the Research Directorate.

Farkas, Flórián. 19 November 1998. Interview with the Research Directorate.

Farkas, Flórián. 18 November 1998. Testimony before the Immigration and Refugee Board.

Hancock, Ian. 30 November 1998. Interview with the Research Directorate.

Hancock, Ian. 20 November 1998. Testimony before the Immigration and Refugee Board.

Höltzl, Lipót. 17 November 1998. Testimony before the Immigration and Refugee Board.

Höltzl, Lipót. 16 November 1998. Interview with the Research Directorate.

Kaltenbach, Jenõ. 17 November 1998. Interview with the Research Directorate.

Kaltenbach, Jenõ. 16 November 1998. Testimony before the Immigration and Refugee Board.

Subtelny, Orest. 29 November 1998. Interview with the Research Directorate.

Subtelny, Orest. 4 November 1998. Testimony before the Immigration and Refugee Board.

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[1]1.           See Péter Radó. 1997. Report on the Education of Roma Students in Hungary.

[2]2.           1 forint = CDN$0.00723 / CDN$1=138 forints

[3]3.           See Peter Rado.

[4]4.           See the Ombudsman's Annual Report for a breakdown of complaints by type and geographic region.

[5]5.           Other amendments include: Section 155 outlawing genocide; Section 157 dealing with apartheid; Sections 212 and 212 (a), covering the right of association (Kaltenbach 16 Nov. 1998).

[6]6.           See HUN30463.E for further details of government spending initiatives.