Roma in Hungary

 

GLOSSARY

COE        Council of Europe

ERRC      European Roma Rights Centre

HHC       Hungarian Helsinki Commission

HRW/H  Human Rights Watch/Helsinki

MFA      Ministry of Foreign Affairs

MTI        A Hungarian news agency

NEKI      Legal Defence Bureau for National and Ethnic Minorities

OSCE      Organization for Security and Co-operation in Europe

RPC Roma Press Centre

MAP

See original

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

1. BACKGROUND INFORMATION

1.1 History

Roma first arrived in Hungary late in the Middle Ages, around 1387-1437 (JPR Dec. 1996, 23; Mohácsi 6 Feb. 1998; HRW/H July 1996, 8). They continued to settle in Hungarian lands for the next century and a half (ibid.). The Romani population began to decline in the eighteenth century as Roma left Hungary in part because of the assimilation policies of the Hapsburg Empire (ibid.). By the mid-nineteenth century, however, Hungary's Romani population again began to grow as a wave of Roma from Romania, known as the Beash, arrived (ibid., 9).

Estimates vary greatly on the exact number of Hungarian Roma that were killed in the Holocaust (ibid.; The Jerusalem Post 14 Oct. 1997). According to the National Self-Government of Hungarian Gypsies, at least 50,000 Roma died in Nazi concentration camps; Hungarian academic Andras T. Hegedues believes the number of Romani killed in the Holocaust to be at least 40,000 while other reports estimate the figure to be as high as 70,000 (MTI 1 Aug. 1997; AP 29 July 1997; HRW/H July 1997, 9; Népszava 26 July 1997). A 1992 study by László Karsai published in Scientia Hungariae, however, suggests the number of Hungarian Roma killed in the Holocaust is much lower, approximately 5,000 (ibid.; HRW/H July 1996, 9; The Jerusalem Post 14 Oct. 1997).

According to Human Rights Watch/Helsinki (HRW/H), during the communist era Roma were subjected to harsh assimilation programmes (July 1996, 10). The December 1996 Jewish Policy Research (JPR) report entitled The Roma/Gypsies of Europe: A Persecuted People indicates that while the Roma have historically been rejected by Hungarian society, there were "attempts under communism to combat growing anti-Gypsy prejudice and raise educational standards and housing conditions" (24). The July 1996 HRW/H report entitled Rights Denied: The Roma of Hungary and the 1993 report entitled Struggling for Ethnic Identity: The Gypsies of Hungary, available at Regional Documentation Centres, provide more detailed information on the situation of Roma in Hungary prior to 1989.

1.2 Demography

Most sources estimate the Hungarian Roma population to be between 450,000 and 500,000, although estimates range as high as 800,000 (Transition 6 Oct. 1995, 56; Government of Hungary 1997a; AFP 2 Aug. 1997; Office of the Parliamentary Commissioner 1997b, appendix 2). In 1990 Hungary's population was 10,374,823 (ibid., appendix 1). Roma therefore constitute approximately four to five per cent of the country's population (Country Reports 1997 30 Jan. 1998, np; European Commission 16 July 1997).

The largest concentrations of Roma reportedly live in the following counties: Borsod-Abaúj-Zemplén, Heves, Nógrád, Zala, Szabolcs-Szatmár-Bereg and Baranya (Government of Hungary 1997a; RPC 5 Feb. 1998; Mohácsi 6 Feb. 1998). Many more Roma live in the eastern counties of Hajdú-Bihar and Békés and approximately 60,000 live in Csongrád, Bács-Kiskun, Jász-Nagykun-Szolnok (Government of Hungary 1997a). Approximately 115,000 Roma live in the counties of southern Transdanubia, including Baranya, Somogy, Tolna, Zala and Veszprém (ibid.). The number of Roma in the western counties of Vas and Gyõr-Moson-Sopron is low, perhaps 15,000 (ibid.; RPC 5 Feb. 1998). Between 90,000 and 150,000 Roma live in the Budapest region (MTI 30 Dec. 1997; Government of Hungary 1997a).

The Roma of Hungary are not a homogeneous community (Népszabadság 7 June 1997). There are three major and distinct groups: the Romungro, the Vlach (Wlach or Olach) and the Beash (Beás) (ibid.; JPR Dec. 1996, 23; Mohácsi 6 Feb. 1998; HRW/H July 1996, 8). HRW/H reports that there are also small numbers of Sinti (German speaking Roma) living in Hungary (ibid.).

The Romungro are the largest Romani group in Hungary and represent approximately 66-75 per cent of the Romani population (RPC 22 Oct. 1997; JPR Dec. 1996, 23; HRW/H July 1996, 8; Népszabadság 7 June 1997). Vlach Roma make up some 20-30 per cent of the country's Romani population while the Beash account for approximately 5-10 per cent (ibid.; Mohácsi 6 Feb. 1998; RPC 5 Feb. 1998; JPR Dec. 1996, 23; HRW/H July 1996, 8; Office of the Parliamentary Commissioner 1997b, 2).

Most Beash live in areas south and west of the Danube River, primarily in the counties of Baranya, Zala and Somogy; a Roma Press Centre (RPC) representative states that some Beash live in the northeast country of Borsod-Abauj-Zemplen (RPC 5 Feb. 1998; Mohácsi 6 Feb. 1998; Office of the Parliamentary Commissioner 1997b, 2; HRW/H July 1996, 8). The Vlach and Romungro Roma are found throughout the country, although the Vlach predominate in the northeast and in the counties of Szabolc-Szatmár-Bereg, Tolna and Bács-Kiskun (RPC 5 Feb. 1998; Mohácsi 6 Feb. 1998). All three groups are found in Budapest (ibid.).

1.3 Language, Identity and Culture

The languages and cultural traditions of Hungarian Roma[1]1 vary (HRW/H July 1996, 7; Népszabadság 7 June 1997). The Romungro,[2]2 the first Romani group to arrive in Hungary, are largely linguistically assimilated (ibid.; HRW/H July 1996, 8; Mohácsi 6 Feb. 1998). The Vlach Roma still speak a Romani language, Lovari (ibid.; HRW/H July 1996, 8; RPC 5 Feb. 1998; ibid. 22 Oct. 1997; JPR Dec. 1996, 23; Népszabadság 7 June 1997). According to a RPC article, however, Vlach Roma speak at least five different dialects (22 Oct. 1997). The Beash speak an archaic version of Romanian (Népszabadság 7 June 1997; RPC 5 Feb. 1998; Mohácsi 6 Feb. 1998). Approximately 150,000 Roma in Hungary speak a variation of Romani as their mother tongue (Ethnologue 1996). Ethnologue lists the following Romani languages as being spoken in Hungary: Romani-Balkan, Romani-Carpathian, Galician-Transylvanian and Romani-Vlach (ibid.).

A number of first and family names in Hungary can be identified as typically Romani (RPC 5 Feb. 1998; Mohácsi 6 Feb. 1998). According to the RPC, family names such as Orsós, Kolompár, Lakatos, Horváth and Rostas are traditional Romani names, although they are not exclusively Romani (5 Feb. 1998). Common Romani first names include Gusztav, Dezso, Ibolya, Maria and Eta (ibid.). ERRC research intern Viktoria Mohácsi states that Orsós and Bogdán are common Beash family names. Balogh, Kolompár, Sztojka, Daróczi and Mohácsi are common Vlach family names and Oláh, Lakatos and Farkas are common Romungro names (6 Feb. 1998). The RPC indicates that Roma are usually identified by the dark colour of their skin, eyes and hair. Traditional Romani clothing, typically colourful with loose fitting skirts, can also serve as a basis for identifying Roma (5 Feb. 1998).

Viktoria Mohácsi indicates that despite their linguistic assimilation many Romungro have retained strong musical ability; they often play the violin, cymbal and bass. Currently many younger Romungro play jazz music (6 Feb. 1998). Mohácsi believes that Beash music is similar to Vlach folk music, but the Beash "have more quaver and tremolo like in Romanian songs" (ibid.).

The Hungarian daily Népszabadság reports that Vlach Roma form the most closed Romani community (7 June 1997). This group places greater significance on maintenance of traditional Romani customs than do the other groups (ibid.). The RPC states, however, that although the Vlach are thought to be the most traditional Romani group "many Romungro and Beash Roma would challenge that" (5 Feb. 1998). According to the RPC, many Roma in Hungary continue to practice traditional customs, although Roma living in urban environments are more likely to be assimilated than their village counterparts (ibid.).

Traditional dressing is still a characteristic feature of many Romani women. There are very special customs, rules and traditions that still surround ceremonies like weddings, baptisms and funerals. [At times] these rules [contravene state laws] and thus problems arise. Also, 'Romani Cris' (the Gypsy Law) is a live and very powerful tradition, which places traditional laws and rules above the official ones in the 'observance hierarchy' (ibid.).

Many Vlach have kept their traditional customs; for instance, girls are expected to be virgins when they marry, women wear long skirts and hair and men have moustaches and often wear black hats (Mohácsi 6 Feb. 1998).

The 7 June 1997 article in Népszabadság entitled "Tradition and the Laws of the Homeland–How Many Times a Rom has to Break the Rule to Live According to His or Her Customs," lists several traditional Romani (primarily Vlach) customs that at times come into conflict with Hungarian law. For example, according to Hungarian law upon death a corpse must be moved to a mortuary within 16 hours and "the dead cannot be laid out in a private house or at any other place." The Romani cult of the dead, however, demands that proper respect is awarded to a dead person (ibid.).

An obligatory part of the cult is watching the dead, if possible, in his or her home. This may go on for several nights.... However, the latest possible date for the removal and burial of the dead is regulated by strict rules that are irreconcilable with the tradition of wake. The Roma do everything to keep the deceased among their relatives in their own homes for the longest possible time, even if this means bribing the municipal health office (ibid.).

Roma often do not immediately notify the coroner of a relative's death; the majority of Vlach only notify authorities at the end of a lengthy watch. Roma may also try to prevent autopsies (ibid.).

In traditional Romani families it may be acceptable for a young couple to begin living together, or to marry, as early as 13 or 14 years of age. However, according to the Hungarian Penal Code anyone that has sex with a minor under 14 years of age can face imprisonment for up to five years (Népszabadság 7 June 1997).

Some Vlach communities are regulated by a Romani court system called kris or svato (RPC 5 Feb. 1998; Népszabadság 7 June 1997). Many Vlach prefer to resolve conflicts among themselves rather than involve the state legal system (ibid.). The kris is assembled on the victim's request and is composed of the older men of the community and the family of the alleged perpetrator. There are no appeals and the penalties meted out are usually fines. Decisions are generally respected; if an individual disobeys the court's order "he is excommunicated and the members of the community have the right to humiliate him– for example by spitting on him and never talking to him" (ibid.).

There are a number of Romani periodicals published in Hungary: Amaro Drom, Lungo Drom, Cigány Hírlap, Kosoz Ut/Kethano Drom, Rom Som, Phralipe and Ciganfuro (Office of the Parliamentary Commissioner 1997b, 2; Transition 6 Oct. 1995, 58). Most of these periodicals are published in Hungarian, although Rom Som publishes in Hungarian and Romani (ibid.). Amaro Drom, Lungo Drom, Cigány Hírlap, Kethano Drom, Rom Som and Phralipe all received government subsidies in 1995 and 1996 (Office of the Parliamentary Commissioner 1997a, appendices).

Hungarian public television broadcasts a 25-minute Romani programme Patrin Cigány Magazin twice per week (Transition 6 Oct. 1995, 58; Office of the Parliamentary Commissioner 1997b, 2; Office for National and Ethnic Minorities 1997). The weekly Romani programme on Hungarian national radio is entitled Cigány Félóra (Gypsies' 30 Minutes) (ibid.; Office of the Parliamentary Commissioner 1997b, 2).

2. LEGAL CONTEXT

2.1 The Hungarian Constitution and International Agreements

The Hungarian Constitution was amended in 1989 (MFA 1997). A new Constitution is under debate, however the East European Constitutional Review expresses doubt that it will pass before the end of the mandate of the current parliament in May 1998 (Spring/Summer 1997, 17).

Article 68 of the Constitution states that "'the national and ethnic minorities living in the Republic of Hungary participate in the power of people and constitute components of the State" (Lodzinski 1996, 36; Office of the Parliamentary Commissioner 1997b, 10). The Constitution[3]3 forbids discrimination and establishes the responsibilities and rights of the Ombudsperson for the Rights of National and Ethnic Minorities (ibid.).

Hungary has also ratified a number of international and European agreements that affect minority rights (UN 1997; European Commission 16 July 1997; COE 27 Oct. 1997; Office of the Parliamentary Commissioner 1997b, 7-8). The Hungarian Constitution states that international treaties have "priority and their content should be mentioned by the legal system" (ibid.). Hungary has ratified the UN International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination (UN 1997). Hungary has also ratified a number of European treaties, including the Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols, the European Charter for Local Self-Government, the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities (COE 27 Oct. 1997; European Commission 16 July 1997). Finally, the European Commission report states that Hungary "subscribes" to the principles contained in Recommendation 1201 of the Council of Europe's (COE) Parliamentary Assembly (ibid.). This recommendation provides for the recognition of collective rights for minorities; it is not, however, legally binding on signatories (ibid.; MTI 8 Dec. 1997).

2.2 1993 Law on National Minorities

On 7 July 1993 Hungary adopted Law LXXVII on the Rights of National and Ethnic Minorities (MFA 1994; Lodzinski 1996, 36; Office of the Parliamentary Commissioner 1997b, 6; European Commission 16 July 1997). This law recognizes 13 national and ethnic groups, including Roma, as minorities[4]4; to be recognized as an ethnic or national minority the group, among other criteria, must have been living in Hungary for more than 100 years and its members must have Hungarian citizenship (ibid.; Lodzinski 1996, 36; MTI 8 Dec. 1997; Office of the Parliamentary Commissioner 1997b, 6-7). The 1993 law

establishes the concept of collective rights of minorities and states that minorities need special rights in order to preserve their ethnic identities. It explicitly permits organized forms of limited self-government in areas where ethnic groups constitute a majority and states that the establishment of self-governing bodies must be made possible in localities where an ethnic group constitutes less than a majority of the population. The law permits associations, movements, and political parties based upon an ethnic or national character and mandates the unrestricted use of ethnic languages (Country Reports 1997 30 Jan. 1998; see also European Commission 16 July 1997; HRW/H July 1996, 114; MTI 8 Dec. 1997; Lodzinski 1996, 36).

The law prohibits all forms racial discrimination and "measures aimed at assimilating minorities against their will, or at altering the ethnic composition of territories they inhabit" (ibid.). It also lays out "extensive provisions for minority rights in education, culture, personal and political association ..." (HRW/H July 1996, 114).

Critics of the 1993 Minority Law contend that the law was drafted primarily as a model law for neighbouring countries, particularly for those with large Hungarian minorities (Lodzinski 1996, 36; Transition 4 Sept. 1997; RFE/RL Research Report 20 Aug. 1993, 57; HRW/H July 1996, 112). In its July 1996 report HRW/H expresses concern at the failure to implement some aspects of the Minorities Law (115). "Despite the many progressive provisions contained in the text of the Minorities Law, the law in fact includes very few substantial guarantees" (ibid.). Particularly, HRW/H states that there are no financial guarantees in the law, noting that this largely effects the local self-governments (ibid.).

The Act on the Rights of National and Ethnic Minorities promised to create a comprehensive system of minority rights in which Hungary's minority populations would assume responsibility for their own affairs…. Instead, there has been a paper transfer of authority that has only succeeded in raising expectations on the part of the Roma and increasing resentment on the part of Hungarian councils already strapped for cash (ibid., pp. 134-35).

An English translation of the 1993 law can be found in the IRB compilation Selected Legal Documentation Pertaining to the Rights of Minorities, Including Roma, in Hungary, available at IRB Regional Documentation Centres.

2.3 Minority Local and National Self-Governments

The 1993 Minority Law "outlines a cultural autonomy for minorities by creating a system of local and national self-governments that have a territorial basis and their own democratic constituencies distinct from and independent of the regular system of elected local councils and the national legislature" (HRW/H July 1996, 114). According to the Office of the Parliamentary Commissioner (Ombudsman) for the Rights of National and Ethnic Minorities, "this double tier local government system ensures the institutional guarantee of cultural autonomy. So long as the local minority self-governments are able to practice their rights in close co-operation with the local governments, they are able to exercise jurisdiction, then the national self-governments operate as individual public law entities" (1997).

The first elections for local minority self-governments were held in 1994; in local by-elections in November 1995 the number of self-governing organizations grew to 817, of which 477 were Romani (Country Reports 1997 30 Jan. 1998; COE 1996b, 19-20; Government of Hungary 1997a). Local minority self-governments function with financial support from the central federal budget (US$7.6 million in 1997) and with financial and logistical support from regular local governments, different fund-granting organizations and mother countries, such as Germany, Slovakia (ibid.;Office for National and Ethnic Minorities 27 Feb. 1998; Country Reports 1997 30 Jan. 1998).

Minority self-government representatives are members of an elected body and do not receive salaries from the State; they occasionally may receive honorary fees and may be reimbursed for some expenses (Office For National and Ethnic Minorities 27 Feb. 1998). Minority self-governments have complete autonomy in the management of their financial affairs (ibid.).

The primary responsibility of minority self-governments is to influence and oversee all matters that have a bearing on minorities, particularly in areas such as education and culture (HRW/H July 1996, 114; Government of Hungary 1997a; European Commission 16 July 1997). According to the president of the Office for National and Ethnic Minorities, "the model of self-government is not an aim in itself, but a tool in the hand of minorities to develop their cultural autonomy.... The objective is that local minority self-governments become fully responsible for minority education and cultural institutions and get all conditions necessary for this purpose" (27 Feb. 1998).

Local minority self-governments are legally separate entities from regular local governments and their members are to be invited to local government council meetings. (Government of Hungary 1997a; ibid., 1993, Art. 27(1)). The 1993 Minority Law gives local minority self-governments a right of veto over issues that affect minority education, culture, local media and language (Office For National and Ethnic Minorities 28 Feb. 1998; European Commission 16 July 1997). In other areas their role is consultative[5]5 (ibid.).

The 1993 Minority Law further stipulates that minority self-governments are permitted to establish their own educational, cultural, and scientific institutions. They can run economic enterprises, manage institutions, such as cultural centres, and in the lower grades can provide input on the curricula for minority education and on programming for minority television and radio (Government of Hungary 1993, Art. 27(2-4), Art. 30 (2); RFE/RL Research Report 20 Aug. 1993, 59). Local minority self-governments also have a veto over the appointment of heads of minority institutions (ibid.;Office for National and Ethnic Minorities 27 Feb. 1998).

National self governments are designed to represent and protect the regional and national interests of the minorities they represent (Government of Hungary 1993, Art. 36(1); RFE/RL Research Report 20 Aug. 1993). The Romani National Self-Government, elected in April 1995, has 53 representatives (COE 1996b, 20; HRW/H July 1996, 116-18). "[National self-governments] operate as negotiating partners for the governments and are consulted in draft legislation on national, county and capital city level" (Office For National and Ethnic Minorities 27 Feb. 1998). National self-governments have consultative rights, but do not have veto powers (ibid.). Their members can provide input on the creation of basic materials for minority education and regarding the preservation and maintenance of historical settlements and architectural monuments (Office of the Parliamentary Commissioner 1997b, 13). According to the 1993 law, a national self-government may

state its opinion on bills concerning the minorities represented by it, including regulations issued by the general meetings of counties and the capital city [and it can] ... seek information from public administrative bodies with relation to issues concerning minority groups, may make proposals to them, and may initiate measures in cases within their authority (Government of Hungary 1993, Art. 38(1)).

HRW/H has expressed concern that local governments are only required to finance minority self-governments "'within the limits of its available resources'" (July 1996, 115). Actual funding of the minority self-governments is limited, hampering the effectiveness of the organizations (ibid.; COE 1996a, 23). The President of the Office for National and Ethnic Minorities agrees that the funds available to minority self-governments can be inadequate (27 Feb. 1998). The Human Rights Watch/Helsinki publication Rights Denied: The Roma of Hungary provides further information on Romani minority self-governments, on allegations of interference in national minority elections and on allegations of a failure to enforce the laws on minority autonomy.

According to a representative of the RPC,

the problems with the Gypsy self-governments are that the local Gypsy communities do not always feel that the self-government represents their interests well. The people who work there are not experts, therefore they do not know how to do their work effectively, how to lobby, etc. Also, the Romani civic sphere is quite weak, and the self-governments have to do things which are not their task, like human rights defence, etc. They are not proficient in these fields, and the feedback the Roma get is therefore often negative regarding the self-governments efforts. The other problem with the minority self-governments is that they do not have authority over a number of important things; financially they depend on the local majority government, and although they were elected through democratic elections, almost exclusively one party[6]6, the Lungo Drom (long way) has won the elections in all the Gypsy self-governments, and the diversity of the Romani community is not represented in the composition of the self-governments (5 Feb. 1998; see alsoCOE 1996b, 28-29).

        According to various sources, minority self-governments, especially at local levels but also nationally, do not have the professional experience necessary to actively participate in the decision-making process (COE 1996a, 23; Government of Hungary 1997a; Office for National and Ethnic Minorities 27 Feb. 1998). This circumstance has led to the creation of a series of regional and local courses organized for self-government representatives by the Office for National and Ethnic Minorities and other government bodies. These courses are intended to provide members of the self-governments with the administrative and legal knowledge necessary for them to properly fulfil their mandates (ibid.; COE 1996a, 23).

According to a Government report, expectations placed on Romani self-governments are substantial and under current conditions these governments are often not able to satisfy expectations (Government of Hungary 1997a). Romani self-governments operate under different circumstances than do the other minority self-governments: "whereas the self-governments of the national minorities are active mainly in the areas of education, culture and preserving traditions, the Gypsy self-governments have additional tasks, which relate to social, health and employment questions" (ibid.).

      Country Reports 1997 states that Romani leaders have voiced frustrations over the self-governments' lack of clear authority, responsibility and resources. "These entities' greatest value is that they provide a platform for minorities to address local and national government organizations; their greatest weakness is that the Government is compelled to listen, but not to act" (30 Jan. 1998). According to the Council of Europe, power demarcation between local authorities and minority self-governments is unclear; the spheres of competence of minority local self-governments needs to be plainly laid out (1996b, 27). The same report notes that there is a lack of accountability at the national self-government level, "increased transparency and visibility ... would strengthen both the responsibility and the credibility of the national minority self-governments" (ibid.).

2.4 Government Bodies Involved with Minority and Romani Affairs

In addition to national and local minority self-governments, several different national government bodies have been established in recent years and are tasked with managing issues facing Hungary's minority populations (Government of Hungary 1997a). Minority affairs in Hungary are coordinated by a State Secretary for Minority Affairs, affiliated with the Prime Minister's Office, and the Office for National and Ethnic Minorities (MTI 8 Jan. 1998a; MFA 26 Feb. 1998; COE 1996b, 25). The Office for National and Ethnic Minorities, founded in 1990, is an "autonomous organ of state administration with nation-wide competence" it is tasked with the "preparation of government minority policy decisions, elaboration of the conception of minority policy, ... and the co-ordination of government tasks concerning minorities" (Office for National and Ethnic Minorities, nd; COE 1997, 45). A Department of Gypsy Affairs was set up within the Office for National and Ethnic Minorities in 1994 (ibid., 1996b, 18). Please see the Notes on Selected Sources section for more detailed information on the Office for National and Ethnic Minorities.

The Public Foundation for Hungarian National and Ethnic Minorities was established in 1995 to administer funds allocated for minorities (COE 1996b, 18; Government of Hungary 1997a; Public Foundation nd). The aim of the foundation is to promote, preserve and protect minority identity, language, culture and social interests (Office For National and Ethnic Minorities 27 Feb. 1998; Public Foundation, nd). A Public Foundation for Gypsies was also established by the Government (Government of Hungary 1997a; COE 1996b, 19). In 1996 this foundation granted 150 million forints (approximately CDN$70,450.00) to programmes aimed at "developing small enterprises and programmes of self-sufficiency among families and small communities" (Office for National and Ethnic Minorities 27 Feb. 1998).

The Co-ordination Council for Gypsy Affairs was established by the government in late 1995 (Government of Hungary 1997a;COE 1996b, 19). This council coordinates the activities of a number of state bodies, promotes the social integration of Roma and, in line with government programmes, prepares and assesses medium and long-term measures for the Romani minority (ibid.; Government of Hungary 1997a;Office for National and Ethnic Minorities 27 Feb. 1998). Members of the Co-ordination Council include the political state secretary for minority issues, the president of the Office for National and Ethnic Minorities, department heads of various government ministries, the president of the Romani national self-government and the presidents of five county assemblies most concerned (ibid.). The Roma Programme Committee, founded in 1996, functions under the direction of the prime minister and "serves as a forum for the professional discussion of the political and social issues faced by the Gypsies" (Government of Hungary 1997a).

2.5 Minority Representation in Parliament

In February 1998 there was one Romani representative sitting in Parliament (RPC 17 Feb. 1998). The Romani MP, Antonia Haga, represents the Free Democrat Party (ibid.). There were two Romani MPs elected after the 1994 elections, however Socialist Party MP Tamas Peli died in 1996 and his replacement is not a Rom (ibid.). Hungary's Constitution and the 1993 Minority Law both stipulate that minorities in Hungary should benefit from "a special method of representation in Parliament" (European Commission 16 July 1997). The Constitutional Court ruled in 1991 that the lack of minority representation in parliament was a breach of the Constitution (Government of Hungary 1997a). In November 1997 the government proposed the addition of 13 seats to the country's 386-seat parliament for members of Hungary's minorities (CEO 16 Jan. 1998). According to the government bill, minority groups will need to receive 5,000 votes nationally to obtain parliamentary representation (ibid.). The seats of minorities who did not obtain the 5,000-vote threshold will be divided among the minorities successful in their bids to obtain representation (ibid.). On 16 March 1998, however, the government bill failed to receive the requisite two-thirds majority vote in Parliament (RFE/RL Newsline 17 Mar. 1998; CEO 17 Mar. 1998). The vote took place on the final plenary session of the Hungarian parliament; the next session will not begin until after Hungary's May 1998 national elections (ibid.).

2.6 Government Resolution No. 1093/1997 (VII.29)

In July 1997 the Hungarian Government accepted Government Resolution No. 1093/1997 (VII.29), a medium-term crisis-management programme designed to help the Romani community overcome certain social disadvantages (Government of Hungary 1997B; Country Reports 1997 30 Jan. 1998; MTI 2 Sept. 1997; ). The government expects the steps and recommendations set out in the resolution to "improve welfare and health conditions, provide work and increase the number of young Roma enrolled in education, particularly secondary and higher level education" (ibid.; also Country Reports 1997 30 Jan. 1998; RPC 5 Feb. 1998). The resolution includes recommendations and deadlines for a number of Ministries, including the Ministries of Education and Culture, Labour and the Ministry of Interior (Government of Hungary 1997b). Local authorities, along with the population at large, are expected to actively assist in the resolution's implementation (MTI 2 Sept. 1997). The resolution's regulations stipulate that ministers and heads of national organizations noted in the recommendations should report to the Co-ordination Council for Gypsy Affairs on the progress made in the implementation of tasks identified. The Ministry's reports should be submitted to the Co-ordination Council by 30 April of each year (ibid.). Ten days after a deadline for a particular measure has passed, the ministry concerned must report to the Co-ordination Council on the implementation of the measure. If the measure was not implemented, the reasons for this must be stated and appropriate steps are then proposed (Office For National and Ethnic Minorities 27 Feb. 1998). The government also requests that the ministers and heads of national organizations include the resources necessary to implement the programme's measures in their 1998 budgets and in all subsequent budgets (Government of Hungary 1997b).

      Government Resolution No. 1039/1997 (VII.29) also includes measures to promote tolerance within Hungarian society (Government of Hungary 1997b; HHC 10 Feb. 1998). For instance, the activities of legal aid offices and non-profit organizations that manage and prevent conflicts are to be promoted (Government of Hungary 1993, Art. 5.1), also the attitudes and actions of police towards Roma are to be monitored (ibid., Art. 5.3). Please see the IRB compilation Selected Legal Documentation Pertaining to the Rights of Minorities, Including Roma, in Hungary for a copy of the resolution in its entirety.

The RPC indicates that the reaction of the Romani intellectual community to the government's medium-term programme was "quite negative" (5 Feb. 1998). The representative notes that the programme itself is a positive development as it illustrates that the central government does intend to improve the situation; despite this, however, many of the deadlines contained in the report have already lapsed without the goals of the programme being realized (ibid.). Country Reports 1997 states that the programme "provides no additional funds; rather it redistributes already inadequate resources" (30 Jan. 1998).

The President of the Office for National and Ethnic Minorities states

that it is true that some measures [of Resolution 1093/1997] were successfully implemented before this deadline, and some others were not. It is also true that this may cause problems because this fact makes the implementation of other subsequent measures difficult. But I think we must also see that with this package Hungary has undertaken an unprecedented work with no experiences and lessons to learn from other countries, and some problems become evident only during the implementation phase (27 Feb. 1998).

3. SELECTED ISSUES

3.1 Societal Discrimination and Prejudice

A number of sources report that societal discrimination and prejudice towards the Romani minority are widespread in Hungary (HRW Dec. 1996, 224; HRW/H July 1996, 1-3; The Toronto Star 28 Aug. 1997; Country Reports 1997 30 Jan. 1998; Office of the Parliamentary Commissioner 1997a). Florian Farkas, national president of Hungary's Romani National Self-Government, believes that there is not a single Hungarian Rom who has not been the victim of discrimination (The Toronto Star 28 Aug. 1997). Country Reports 1997 (30 Jan. 1998) states that Roma in Hungary suffer from discrimination, while Human Rights Watch World Report 1997 states that Roma continue to endure "a discernible pattern" of discrimination, particularly in the areas of education, employment, housing, and access to public establishments (Dec. 1996, 224).

Polls published in Hungarian daily newspapers in January 1998 and in a paper by Ferenc Erõs published in the June 1997 issue of Magyar Tudomány (Hungarian Science), give some indication of the level of intolerance in Hungarian society (RPC 5 Feb. 1998). According to these sources, from 1994 to the end of 1997 anti-Gypsyism (or the proportion of those who dislike Gypsies) rose from 40 to 50 per cent. Eighty-nine per cent of the adult population surveyed state that "the Gypsy problem" would be solved if they "finally started to work" (ibid.). Eighty-seven per cent agree with the statement "'Roma live according to lax morals'" and 81 per cent agree that "'Roma are less reliable in general'" (ibid.). Seventy-six per cent of those surveyed think that "'it is the Roma's own fault that they are poor,'" 70 per cent say that the increasing Gypsy population is "'a threat to the security of society'" and 64 per cent agree that the "'inclination to commit crime is there in Gypsies blood'" (ibid.).

3.2 Education

A 1998 MTI report indicates that there are 80,000 Romani pupils in the public education system (8 Jan. 1998b). Five to six hundred Roma attend secondary schools while two to three hundred attend college or university (ibid.). Citing a February 1994 report prepared for the Institute of Sociology of the Hungarian Academy of Sciences, HRW/H reports that three per cent of Romani children are accepted to secondary schools; of these 0.1 per cent later attend university (HRW/H July 1996, 73; see also The Hungary Report 22 July 1996).

According to HRW/H, the greatest barrier separating Roma from mainstream Hungarian society is the lack of access to education (July 1996, 61). While an MTI article indicates that the overwhelming majority of Romani children fail to complete primary school (8 Jan. 1998), a report in the Hungarian periodical Népszava states that almost 75 per cent of Romani children finish primary school but less than one per cent study in regular secondary schools, college or university (4 July 1997; see also HRW/H July 1996, 62). A 1997 Hungarian government report on the situation of minorities indicates that in 1993, 77 per cent of Roma between the ages of 25 and 29 had completed eight years of primary education (Government of Hungary 1997a). The indication that well over 50 per cent of Roma are now completing primary school and are therefore literate is viewed as "the one area where the situation of Roma has improved in the past fifteen years" (HRW/H July 1996, 73; Government of Hungary 1997a).

A large percentage of Romani children are placed into or transferred to "special" schools or classes; these schools are designed for children with mental or physical "handicaps" (Népszabadság 2 Feb. 1996; Népszava 4 July 1997; see also Country Reports 1997 30 Jan. 1998; MFA 1996). HRW/H states that these schools are used to "warehouse Roma students" (July 1996, 61). Citing a professor from the Gusztáv Bárczy College for Teachers of Handicapped Children, the 1996 Népszabadság article estimates that Roma make-up 40 to 60 per cent of the special schools (2 Feb. 1996). A 4 July 1997 Népszava article estimates that 50 per cent of children in special schools are Romani. Népszava reports further that "although since 1985 the eight-grade special schools give final certificates that are theoretically equal in value to the certificates provided by other primary schools, a child from the 'retarded school' has almost no hope of getting back into normal public education" (ibid.).

Other Romani children are reportedly frequently placed into segregated Gypsy classes or schools; 132 of Hungary's 800 primary schools allegedly have segregated classes for Romani children (ibid.; Country Reports 1997 30 Jan. 1998; HRW/H July 1996, 61). A 1997 Government report on the conditions of minorities states that "segregation of Gypsies within the education system is widespread" (1997a). Country Reports 1997 states that Romani schools are more crowded and in "markedly" poorer condition than those intended for non-Romani children (30 Jan. 1998).

At a February 1998 conference on the educational situation of Hungary's Roma, Péter Radó of the Open Society Institute and former head of the Civil Relations Department of the Ministry of Education stated that up to ten per cent of Roma were being educated separately from non-Roma without the knowledge or approval of the child's parents (CEO 5 Feb. 1998). According to Radó, a disproportionate amount of Romani children are sent to schools for the mentally handicapped: "the total percentage of Romani children in the education system is 7.2 per cent, but in the special needs schools the rate is about 50 per cent … this means only a small proportion of these are really handicapped." Furthermore, Radó added that Romani children are frequently excluded from regular extra-curriculum activities such as swimming lessons and extra English classes (ibid.).

According to HRW/H, children are sent to special schools or classes based on the recommendation of a teacher and the results of a test that is usually given to the child during or immediately after they complete nursery school (July 1996, 65; see also Népszabadság 2 Feb. 1996). Parents can refuse to have their children sent or transferred to a special school, although HRW/H believes that most parents are unaware of this right (ibid.; HRW/H July 1996, 66). HRW/H maintains that these tests are not given in most cases and Népszabadság, citing a former special school teacher and head of the Experts and Rehabilitation Committee for Learning Skills Examinations in Fejér county, reports that "the truth is that there are no fixed tests: the expert teams composed of psychologists and specially trained teachers for handicapped children can decide for themselves what methods of examination and which tests to apply" (ibid.; Népszabadság 2 Feb. 1996).

During an interview with the RPC in 1996 the Hungarian Minister of Education and Culture admitted that discriminatory elements exist in the process that directs the placement of children into special schools (Népszava 4 July 1997). HRW/H and Country Reports 1997 maintain that Romani children have endured discrimination in the school system; this continued in 1997 (July 1996, 62; 30 Jan. 1998). Country Reports 1997 reports that the town of Tiszavasvari held separate graduation ceremonies in June 1997 for graduating Roma and non-Roma students. "Local authorities segregated Roma students in a separate school for non-Roma for 12 years because, local officials allege, they carry lice and have proportionally more learning disabilities. Local officials deny any discrimination; the Government criticized the local authorities, but took no steps to correct the situation" (ibid.).

The segregation of Romani and non-Romani children is in part the result of choices made by parents (Népszava 4 July 1997). Given a choice, non-Romani parents send their children to schools with fewer Roma and Romani parents prefer to have their children study with other Romani children (ibid.). Local minority self-governments have the right to prevent the establishment of "Gypsy classes" when their establishment is based on prejudice; however in 70 localities that have Romani minority self-governments, Gypsy-classes exists (ibid.). According to Péter Radó, "research conducted in this field has shown that perhaps the most important cause of segregation … is the prejudices of the teachers. The second gravest factor is their incapability; lacking even basic knowledge, they cannot cope with the social and cultural … [differences] of Romani children.… Left alone, without content and quality standards, curriculum models and teaching materials, or training for teachers, they will do whatever they can" (ibid.). However, at a February 1998 conference Radó stated that teaching methods rather than prejudice account for most of the cases of segregation: "The pedagogical methods are much more curriculum-centred than personality-centred … the teachers don't pay too much attention to the cultural background of pupils and the personality of pupils" (CEO 5 Feb. 1998).

The RPC believes that there is only one teacher's training college in Hungary (in Zsambek) where a special section is devoted to Romani culture and the management of Romani children (5 Feb. 1998). In other facilities there is no tuition in "Romology," which is reflected in the teacher's attitude to Romani children (ibid.).

Cultural differences also create difficulties for some Vlach and Romungro children (Népszabadság 7 June 1997). By the age of 13 or 14 many Romani girls are regarded as women and therefore, according to cultural norms, should not reveal their bodies in gym suits or gym clothing. Romani parents often consider their children to be adults after the onset of puberty and have difficulty understanding why the school system continues to consider their young as children. This circumstance may also explain why many Romani parents do not force their children to do their homework or regularly attend classes (ibid.).

The Hungarian Constitution and the 1993 Minority Law guarantee all minorities the right to an education in their native language (Government of Hungary 1997a; ibid. 1993, Art. 43 (1-40)). Despite this, only a small number of schools in Hungary teach children Romani or Beash (HRW/H July 1996, 71). Representatives of the RPC believe that Romani is taught in no more than five high schools and in no elementary schools, while Beash is available as a subject only at Gandhi High School (5 Feb. 1998).

In 1994 the Gandhi High School, Hungary's first high school designed for Romani children, opened in the southwestern town of Pécs (HRW/H July 1996, 74; Transition 29 Mar. 1995, 6; The Hungary Report 22 July 1996; CNN 24 Aug. 1997). The Gandhi High School, a private school with some state funding, although not exclusively for Romani children, places emphasis on Romani culture and offers classes in both Romani and Beash (HRW/H July 1996, 74). Children at the Gandhi school learn as many as five languages, have better access to computers and enjoy a better student-teacher ratio than most schools in Hungary (CNN 24 Aug. 1997). At least six similar schools have opened in Hungary since the establishment of the Gandhi school (ibid.; The Hungary Report 22 July 1996).

A number of the measures and recommendations contained in the Government's July 1997 resolution pertain to education and the Ministry of Education and Culture (Government of Hungary 1997b). According to MTI, the resolution stipulates that

in education, the scholarship system and tuition fee assistance of young Roma must be expanded. Further kindergarten and school programmes and curricula must be prepared for them, and teachers ensured training. The existing regional programmes for talented young Roma should be extended to another four counties. Several new minority educational institutions must be set up, including four boarding colleges in Debrecen (E Hungary), Miskolc and Salgotarjan (N Hungary) and in Kaposvar (SW Hungary) (2 Sept. 1997; ibid. 30 Dec. 1997).

3.3 Employment

The Hungarian unemployment rate fell to 8.1 per cent in the third quarter of 1997, its lowest level since 1989 (RFE/RL Newsline 29 Oct. 1997). The Romani unemployment rate in the country is believed to be considerably higher, perhaps between 60 and 85 per cent (Country Reports 1997 30 Jan. 1998; MTI 2 Sept. 1997; RPC Jan. 1998). A 1997 government report estimates the Romani unemployment rate to be four to five times higher than the national unemployment rate; in some regions it reportedly reaches 90-100 per cent (Government of Hungary 1997a; HRW/H July 1996, 76).

Studies have reportedly proven Roma show no less of a willingness to gainful employment than do others in society (RPC Jan. 1998; Government of Hungary 1997a; see also HRW/H July 1996, 84-85). Until the mid-1980's there was a negligible difference between the employment rates of Roma and non-Roma: 85 and 87 per cent respectively (RPC Jan. 1998; see also HRW/H July 1996, 76).

The reasons behind the high Romani unemployment rate are numerous. With the political and economic changes instituted after 1989 Roma were often the first to be laid off by employers (Government of Hungary 1997a). Lack of education and professional qualifications, coupled with the widespread prejudice again Roma prevalent in Hungarian society led to Roma being forced from the work-force (ibid.; RPC Jan. 1998; HRW/H July 1996, 84-85). HRW/H states that since 1989 Roma have been practically entirely removed from the Hungarian work-force, in a process they label discriminatory (ibid., 76).

According to the 1997 government report on the situation of minorities, "the chances of unemployed Gypsies finding work are below average because Gypsies have been unemployed for a longer period of time than members of comparable groups…. Experience has shown that discrimination in employment is another reason for the negative employment situation of Gypsies" (Government of Hungary 1997a). "Recently passed laws banning discrimination in hiring and the work force are almost universally not enforced and ignored. The reality for most Roma … is that they have almost no expectation of gainful employment … in large part due to discrimination based on their ethnicity" (HRW/H July 1996, 76). It is reportedly not uncommon for prospective employers to request employment agencies not to send Roma workers in response to job advertisements (ibid., 80). HRW/H states that many unemployment agencies screen applicants based on ethnicity and maintain records that include the ethnicity of their clients. Romani clients are allegedly not given information on certain job postings. Employment office officials interviewed by HRW/H denied any discriminatory practices, stating the employment law prohibits such practices (ibid.).

According to HRW/H, "the massive layoffs of Roma men after 1989 … have created a vicious circle of unemployment, impoverishment, disillusionment, 'survival crime,' and delinquency, which reinforces existing prejudices among Hungarians and ensures work will be even harder to get in the future" (July 1996, 87).

The government's July 1997 resolution contains measures directed at the employment sphere (Government of Hungary 1997b). According to MTI, the resolution's principal goal is to lower Romani unemployment and underemployment (30 Dec. 1997). Furthermore, the expansion of certain regional labour training centres should improve the situation (ibid.). Projects directed at Roma will be introduced in vocational training schools in areas with high Romani enrolment (ibid. 2 Sept. 1997). Close to 60,000 Roma participated in public utility projects in 1996, the Government's goal is to increase this figure two and a half times in 1997 and 1998 (ibid.).

3.4 Housing and Relations with Local Authorities

According to HRW/H, the isolation and segregation of Roma in Hungarian society is most easily recognized by the existence of pervasive housing segregation (July 1996, 88). Many Roma allegedly live in ghetto-like communities, often in the slums of large cities and in "Gypsy rows" in villages (ibid.). HRW/H further alleges that "Roma are presently actively discriminated against in the sale and rental of housing and in the supply of credit. The majority of forced evictions in Budapest and other large cities has been carried out against Roma families" (July 1996, 88; OSCE Nov. 1997). A November 1997 Organization for Security and Co-operation in Europe (OSCE) report states that approximately one-third of Roma reside in neighbourhoods that are exclusively or almost exclusively populated by Roma. The OSCE report agrees that evictions of Romani families have taken place in several regions of the country, a situation which "strengthens the creation of separate neighbourhoods and segregation" (ibid.).

      Country Reports 1997 indicates that in some cases municipal authorities have "taken advantage of rules prohibiting overcrowded, unsafe or unsanitary housing, or punishing non-payment of utility bills to evict Roma families from residences without providing alternative housing as the law requires" (30 Jan. 1998). In his 1997 report, the Ombudsman for National and Ethnic Minorities lists several instances of apparent prejudice and discrimination towards Roma on the part of municipal authorities (Office of the Parliamentary Commissioner 1997a).

Evictions generally take place after a Roma family is unable to pay rent or utility bills (ibid.). A December 1997 article in the Hungarian daily Magyar Hírlap reports that dozens of families in the southeast Hungarian town of Kunszentmiklós, including many Roma but also non-Roma, have had difficulty paying back government and bank loans given to them in 1989 and 1990 to build houses (RPC Dec. 1997). As a result of the 1992 privatization of two firms in the area, and the later closing of a battery factory, most workers were fired and stable income for many Kunszentmiklós inhabitants was lost (ibid.). Since 1993 a number of families have not been able to make their payments and are now threatened with losing their homes (ibid.).

The summer 1997 issue of Roma Rights, an ERRC publication, refers to a surge of recent evictions of Romani families (Summer 1997c, 12). According to Roma Rights,

the housing procedures of many district or city councils deprive those residing without legal title in apartments owned by the council from being able to receive council housing in the future…. In addition to the economic causes of evictions, racial prejudice appears to be a motivating factor in some cases. According to Ombudsman for National and Ethnic Minorities Jenõ Kaltenbach, there have been at least 30 cases of villagers wanting to get rid of Roma living in their villages since 1989. Mr. Kaltenbach stated that 2.1 per cent of the Hungarian Roma have already been victims of eviction and 3.8 per cent of liquidation of settlements (Summer 1997c, 12).

The city council in the town of Ózd in northern Hungary opted to destroy a building occupied primarily by Romani families (Roma Rights Summer 1997c, 11; RPC 27 May 1997). Utilities in the building had been cut in 1996 due to payment arrears and without electricity and running water conditions in the building had deteriorated dramatically (Roma Rights Summer 1997c, 11). City officials have no legal obligation to secure housing for families evicted from housing to which they had no legal claim (ibid.; RPC 27 May 1997), but the municipality agreed to assist four families who had managed to pay their utility bills (ibid.).

In a well publicised case, 13 Romani families from Szekesfehervar in central Hungary were forced to leave their homes in November 1997 (Hungarian Radio, 26 Nov. 1997). Local authorities had wanted to evict the families earlier from the allegedly unsafe building, but the eviction was delayed after an appeal from Interior Minister Gábor Kuncze, who reportedly feared the "incident's possible negative effect on the country's image abroad" (ibid.; Kossuth Radio 25 Nov. 1997). The families had rejected an offer to house them in industrial containers (ibid.). During a demonstration on 23 November 1997 the Roma called the city's offer discrimination and segregation, "arguing that the containers would create a ghetto, and were on the outskirts of town in an area that contained no facilities or sewage system" (ibid.; ibid., 23 Nov. 1997).

The town's mayor, after negotiations with local Romani organizations and the head of an anti-ghetto organization, came up with a compromise which ensured that the Romani families be provided with accommodation within 30 days (Hungarian Radio 26 Nov. 1997). Local authorities would contribute 30 million forints (US$154.000) toward the cost of the new accommodation (ibid.; AFP 26 Nov. 1997). The families are to live in accommodation supplied by the Red Cross until new permanent accommodation is found (AFP 26 Nov. 1997). In January 1998 the mayor stated that the ousted Romani residents, who still had not received permanent housing, would continue to be housed in emergency facilities at the city's expense until permanent housing is arranged (CEO 9 Jan. 1998).

In December 1997 the Ombudsman for National and Ethnic Minorities and the Ombudsman for Human Rights announced they would "ask the [Constitutional] court to interpret the constitutional provisions on the fundamental right to social security and on municipal property" (MTI 19 Dec. 1997).

In the town of Sátoraljaújhely in northeastern Hungary local officials adopted the following resolution: "'The Sátoraljaújhely representative body has resolved that … people who are unable to adapt to life in the city and who violate and endanger public safety are declared persona non grata and in the future [the representative body] will use all available legal means to ensure that these people are moved out of the city'" (Roma Rights Autumn 1997a, 45). Forty individuals, all Roma, were mentioned by name by local authorities. In a television interview the mayor of Sátoraljaújhely cited "'genetic reasons' for the behaviour of the families in question" (ibid.; RFE/RL Newsline 27 Aug. 1997). The Ombudsman for National and Ethnic Minorities stated on 25 August 1997 that he found the decision of the local authorities unconstitutional (Roma Rights Autumn 1997a, 45). The Ombudsman also stated that "attempts by local authorities to isolate Roma, which he condemned as 'local apartheid', are common in Hungary" (ibid.; RFE/RL Newsline 27 Aug. 1997). In September the Legal Defence Bureau for National and Ethnic Minorities (NEKI) submitted a complaint to the Constitutional Court asking that the Sátoraljaújhely resolution be annulled. The complaint is before the court (Roma Rights Autumn 1997a, 45).

3.5 Extremist Violence

Skinhead attacks and violent extremist activities directed at Roma and foreigners reportedly peaked in 1991 and 1992, but have "steadily decreased" in recent years (RPC 26 Feb. 1998; HRW/H July 1996, 42; Gradvohl 1996, 135). Country Reports 1997 reports three racist attacks in 1997, one being an attack on a Rom, the two others against foreigners (30 Jan. 1998). Citing the Martin Luther King Organization, an NGO that documents attacks on non-whites, Country Reports 1997 states that six assaults on non-whites occurred in the first six months of 1996, while the total number for 1995 was seven. The Martin Luther King Organization reportedly believes that many cases of assault go unreported (ibid.).

The summer 1997 edition Roma Rights reported that on 7 February 1997 a 15-year old Romani boy was allegedly attacked by skinheads when waiting for a bus in the town of Veszprém in western Hungary (Summer 1997a, 14). In April 1997 a group of 20 members of the Budapest Gypsy Secondary School Club were assaulted by 30 skinheads while hiking in Kismaros (RPC 1997). One member of the club suffered serious injuries while two young girls were chased in the forest and not allowed out for an extended period of time (ibid.).

The 1995 Anti-Defamation League (ADL) report The Skinhead International: A Worldwide Survey of Neo-Nazi Skinheads reports that at that time there were between 4,500 and 5,000 skinheads in Hungary (np; see also HRW/H July 1996, 43). About 50 per cent are found in Budapest, with other concentrations located in Eger, Miskolc and Szeged (ibid.). This report states that Hungarian skinheads most often cite Roma as their "enemy" although the term enemy is also used to refer to foreigners, Arabs, blacks, Cubans, gays, liberals, the poor, homeless and Jews (ibid.; RFE/RL Research Report 22 Apr. 1994, 55-58). According to the 1995 report, Hungarian skinheads are nationalistic and irredentist; they seek to re-establish a Greater Hungary and "purify the populace through the eventual elimination of the aforementioned enemies" (ADL 1995). Among the more active skinhead and extremist groups are the Szlasi Guards[7]7, a group that is known to have attacked Roma and Jews in the past, the Hungarian National Frontline, the World National Popular Rule Party, the Hungarian National Movement, the Pannon Skinheads, the Roys, and the New Order (ibid.; RFE/RL Research Report 22 Apr. 1994, 55-58).

On 12 March 1996 the Hungarian parliament passed an amendment to the country's Penal Code which gives authorities greater powers to arrest and prosecute individuals who publicly advocate racism (OMRI 14 Mar. 1997; HRW/H July 1996, 50; Transition 31 May 1996, 16). The amendment stipulates that "'anyone who incites hatred or acts in any other way that is capable of inciting against the Hungarian nation or any national, ethnic, or religious minority or race must be punished by up to three years' imprisonment'" (ibid.). The amendment further "permits the prosecution of a violent crime which has been committed against a member of a national, ethnic, racial or religious group, on the ground that the motive for the crime was the victim's belonging to one of these groups" (Government of Hungary 1997a). Ethnically motivated violence is to be punished by up to five years imprisonment (OMRI 14 Mar. 1997).

NEKI notes that the racial motivation amendment has been in force for almost two years and has, to the best of their knowledge, been applied in one case to date (11 Feb. 1998). NEKI believes that instead of applying the racial motivation clauses authorities seem to more often identify crimes as disorderly conduct or grave bodily injury (ibid.).

3.6 Relations with Police

The Hungarian police force is a single centralized organization, headed by a national head of police who is appointed and dismissed by the prime minister (HHC 15 Feb. 1998). The heads of county and metropolitan police are appointed by the national head of police. Local police must report to municipal government on their activities, although municipal authorities do not have decision-making power over the police. The police force is regulated through the Ministry of Interior (ibid.).

        According to the Hungarian Helsinki Committee (HHC), there are no affirmative action programmes designed to encourage Roma to enter the police force (15 Feb. 1998). As data based on ethnicity is not permitted in Hungary, there is no data available on the number of Romani police officers in Hungary, but the HHC's Executive Director believes that "none or very few Romani police officers are serving currently" (ibid.).

HRW alleges that in the past attacks on Roma have been openly supported or passively tolerated by police (Dec. 1996, 224). The Skinhead International also reports that police are generally "less than vigilant" when investigating skinhead activity, to the point of ignoring attacks on Roma (ADL 1995). This report suggests an "underlying sympathy" towards skinheads among some police officers (ibid.).

In his 1997 annual report the Hungarian Ombudsman for National and Ethnic Minorities states that "during the time that has passed since my election [1995], I have noticed the well-known problem: the unlawful behaviour of the police against Gypsies" (Office of the Parliamentary Commissioner 1997a). According to Country Reports 1997, Human Rights Watch World Report 1997 and Amnesty International's Concerns in Europe: January-June 1997 in 1996 and 1997 Hungarian police continued to discriminate against, harass and physically abuse Roma and foreigners (30 Jan. 1998; Dec. 1996, 224; Sept. 1997, 37-38). The RPC indicates that while extremist violence has declined in recent years, "instances of ‘institutional racism', i.e. unjustifiable police raids, beatings of Roma (and foreigners) under police custody, etc. have increased" (26 Feb. 1998). A 1997 COE report notes that police officials should receive training designed to improve police dealings with minorities (43). "Such training may in particular be necessary to improve the situation of Roma/Gypsies and to avoid reported harassment, excessive force and abuse of members of that minority" (ibid.).

      Roma Rights reported in its Autumn 1997 issue that an off-duty police officer allegedly attacked a Romani man in August 1997 (Autumn 1997b, 22). A representative of the Foundation for Romani Civil Rights filed a complaint about this incident with the prosecutor's office (ibid.).

In 1997 the HHC published two summary reports in English that, while not specific to Roma, provide details on numerous cases of alleged police ill treatment during arrest, investigation and in police detention wards. These reports are entitled Cases of Police Brutality Handled by the Human Rights Legal Counselling Office of the Hungarian Helsinki Committee and Reports on Police Arbitrariness in the Press in 1997. Both of these summary reports are available at IRB Regional Documentation Centres.

              A separate HHC book entitled Advanced Punishment–Detained by the Police, 1996 was published in Hungarian by the HHC and the Constitutional and Legislative Policy Institute in December 1997 (MTI 22 Dec. 1997). A lengthy English summary of this book entitled Experiences of the Hungarian Helsinki Committee's Police Cell Monitoring Programme in 1996 was sent to the IRB by the HHC and is available in IRB Regional Documentation Centres.

             According to the English summary of this report, one-third of detainees questioned by the monitoring teams stated that they had been assaulted by police officers at least once in their lives (HHC 1997). Among the questioned Romani and juvenile detainees, 45.1 per cent and 55.8 per cent respectively claimed to have been assaulted (ibid.). According to the HHC's report the strongest force that keeps detainees from filing complaints against police officers is the fact that detainees do not have any faith in the legal remedies available to them (ibid.). Please see Response to Information Request HUN28975.E of 5 March 1998 and the HHC summary for further information on alleged police abuse, the rights of detainees and conditions in Hungarian detention cells and penitentiaries.

A November 1997 OSCE report notes that the HHC has criticized the Public Prosecutor's Office and its Bureau of Investigation for allegedly ignoring that, in cases of alleged police misconduct, the testimony of police witnesses may be biased. Furthermore, the HHC is critical that the Prosecutor's office has not clarified seemingly contradictory statements and heard testimony from civilian witnesses and experts (ibid.). The OSCE report also alleges that the Public Prosecutor's Office only initiates cases against police officers when investigations have already proved suspicion beyond a reasonable doubt. "As the Public Prosecutor's Office has an almost absolute monopoly in pressing charges, in effect this means that the Public Prosecutor's Office decides whether the suspect is guilty or not guilty, not a court of law" (Nov. 1997) [8]8. According to NEKI,

in our point of view the present form of their operation and efficiency, as shown by statistics, these departments are incapable … [of] prevent[ing] or stop[ping] crimes committed by policemen. The departments are structured in the way that the same prosecutors proceed in cases in which policemen are suspects ... (11 Feb. 1998).

According to the HHC, in "a few cases," some 60-70 per year, a police officer is found guilty of a charge. The HHC Executive Director notes that in these cases the punishment meted out "almost never exceeds a fine, or a suspended imprisonment. Usually punished police officers are allowed to carry on" with their duties (15 Feb. 1998).

3.7 Roma and the Judicial System([9]9)

Romani and human rights organizations have alleged that Roma receive "less equal treatment" in the Hungarian judicial process than do Hungarians (Country Reports 1997 30 Jan. 1998; Human Rights Watch World Report 1997 Dec. 1996, 224). According to Human Rights Watch, in 1996

when investigations [into attacks on Roma] did lead to criminal charges, the charges were usually significantly less than the facts would seem to warrant. Frequently prosecutors denied that violent attacks against Roma were racially motivated, thereby making the maximum sentence for conviction much less …. Human rights and Romani organizations … reported that Roma are especially likely to receive discriminatory treatment in the judicial process, with longer periods of pre-trial detention and higher sentences when convicted (ibid.).

      Country Reports 1997 similarly reports allegations that Roma are kept in pre-trial detention more often and for longer periods of time than non-Roma (30 Jan. 1998). According to Country Reports 1997, "this allegation is credible in light of the general discrimination against Roma; however, there is no statistical evidence because identifying the ethnicity of offenders is not allowed in police records" (ibid.). NEKI also reports that due to a lack of statistics it is not possible to state whether discrimination against Roma does or does not occur within the Hungarian judicial system (11 Feb. 1998).

In July 1997 the European Commission published a report entitled Agenda 2000: Commission Opinion on Hungary's Application for Membership of the European Union. According to this report "access to justice is guaranteed in Hungary.... The rights of the defence seem to be properly covered, except in the case of certain categories of foreigners and gypsies, who have difficulty in asserting their rights before the law" (European Commission 16 July 1997, section 1.2). The same report further states that "although some improvement is still needed, progress has been made in the form of measures recently taken by the government to ensure justice and protection for the Roma (gypsies)" (ibid., section 1.3).

In its 1997 report Human Rights Watch indicates that Roma seem to be increasingly willing to seek judicial redress for alleged crimes (HRW Dec. 1996, 224). In January 1997 a second instance criminal court in Pécs, southern Hungary, upheld a lower court verdict that found restaurant owner József Berta guilty of slander, ordering him to pay 5,000 Hungarian forints (approximately Cdn$35) to Rom Gyula Góman (The Toronto Star 28 Aug. 1997; Roma Rights Summer 1997b). In September 1995 Berta had reportedly refused to serve Góman saying "no Gypsy is allowed to eat, drink or enjoy himself in my pub" (ibid.; The Toronto Star 28 Aug. 1997). In July 1997 a civil court ordered[10]10 the bar owner to pay 150,000 forints (approximately CDN$1000) to Góman and to take out an add publicly apologizing to Góman in the country's most read daily newspaper, Népszabadság (ibid.; Roma Rights Summer 1997b; The Christian Science Monitor 3 Sept. 1997; Facts on File World News Digest 4 Sept. 1997).

According to Góman's lawyer Imre Furmann, this case marks the first time a Rom has fought and concluded a discrimination case in Hungary (The Toronto Star 28 Aug. 1997). "Other Gypsies might have reacted differently – by walking away or getting into a fight – but this is important because Góman acted like a citizen based on the rule of law. … This way, a Roma understands he can file a claim and get satisfaction from the courts" (ibid.; UNESCO Courier Jan. 1998). The ERRC expressed concern that the court did not find Berta guilty of defamation of race, but only of slander (Roma Rights Summer 1997d, 27).

In May 1997 a county appellant court in Kecskemét upheld a lower court decision that found two policemen guilty of "an offence of abuse in an official procedure"; another police officer was found guilty of being an accomplice (RPC 26 May 1997). The police officers had allegedly abused Romani entrepreneur József Pánki in March 1995 while checking his identity documents (ibid.; Népszava 28 Feb. 1997). Convictions for violent interrogation carry prison terms of up to five years; abuse in an official procedure carries penalties of up to two years imprisonment (ibid.). The two police officers found guilty of abuse in an official procedure were fined 20,000 and 15,000 forints (approximately CDN$140.91 and CDN$100.65), while the third police officer was released on one-year probation (ibid.; RPC 26 May 1997). Imre Furmann, who is also Pánki's lawyer, believes "senior police officers should have initiated a disciplinary procedure against the felons, but [they] remained in full service during and after the court procedures" (ibid). Despite this, Furmann considers the court decision a success, "although it was lighter than expected–since it very seldom happens in Hungarian legal practice that a Roma wins a case against three police officers" (ibid.). NEKI found the decision "unjustifiably light" (RPC 26 May 1997).

In December 1997 the Strasbourg-based European Court of Human Rights ordered the Hungarian government to compensate a Romani prison inmate because prison authorities had allegedly opened the inmate's mail (AFP 11 Dec. 1997). The compensation set by the ruling is approximately US$4,400, and the ruling marks a first in Hungarian human rights history. The inmate, Sandor Sarkozi, had also appealed to the court in September 1993 for "'inhumane treatment and beatings'" by prison authorities. The court dismissed Sarkozi's complaints of mistreatment (ibid.).

When questioned on the relationship between Roma and the judicial system, a representative of the RPC stated that

the Roma in Hungary have been intimidated for a long time now. They hardly ever make complaints or reports to the authorities, and are not aware of their rights in general. According to some legal defence experts the latency rate of human rights abuse of Gypsies (the number of cases reported vs. the ones that never become known) is about 1:10 (5 Feb. 1998).

NEKI believes that Roma are not fully aware of their legal rights under Hungarian law, but note that this ignorance is not restricted to ethnic minorities, as many Hungarian citizens irrespective of ethnic origin are unaware of their legal rights (11 Feb. 1998). NEKI also states that it is not common for Roma to take advantage of legal remedies available to them and notes that Roma do not have confidence in the Hungarian legal system. According to NEKI, Roma would be unlikely to seek assistance from police if they felt their rights had been violated; it is more likely that they would contact the Minority Council or an NGO that provides services for Roma (ibid.).

4. NOTES ON SELECTED SOURCES

European Roma Rights Centre (ERRC)

The Budapest-based ERRC is a public interest law NGO, which defends the human rights of Roma. Its purpose is to advocate for the trans-national, geographically diverse Romani community and be a legal resource for Romani rights. The ERRC works to give Roma tools to combat discrimination and win equal access to government, education, employment, health care, housing, and public services. This information was taken from the ERRC Web site (http://www.errc.com).

Hungarian Helsinki Committee (HHC)

The Hungarian Helsinki Committee was founded in Budapest in 1989. HHC activities include the monitoring of Hungarian police and pre-trial detention conditions throughout the country. The HHC has a Legal Clinic Project whose work is carried out in co-operation with the Constitutional and Legislative Policy Institute and the European Roma Rights Centre. A group of 30 third- and fourth-year law students–instructed by academics –work alongside six practising attorneys in providing free criminal defence for indigent criminal defendants and legal representation for illegal migrants awaiting expulsion in the cities of Budapest, Gyor and Szeged. The HHC also has a Human Rights Legal Counselling Office that has been in operation since January 1995. The Legal Counselling Office provides free legal aid and representation before authorities and courts to everyone whose human rights have been violated by the authorities. The HHC is a member of the International Helsinki Federation for Human Rights (IHF or also IHFHR). The IHF is a non-governmental, not-for-profit organization that seeks to promote compliance of the participating States with the human rights provisions of the Helsinki Final Act and its Follow-up Documents as well as their reference to international law. This information was taken from the IHR Web-site
 (URL:http://www.ihf-hr.org/hunhc.htm#1.Back).

Legal Defence Bureau for National and Ethnic Minorities (NEKI)

NEKI, established on 1 January 1994 by the Másság (Otherness) Foundation, is a Hungarian non-governmental organization tasked with the role of protecting the rights of minorities. The Foundation, founded by social scientists and lawyers, functions as an operational framework supporting the Legal Defence Bureau. NEKI is independent of state authorities, political parties, other political organizations and other NGOs, but does cooperate with NGOs in order to better serve its clients. The priority issue facing NEKI is the protection of the rights of clients who have suffered discrimination on the grounds of their ethnic origin. This information was taken from the Web-site of the Roma Press Centre (URL:http://www.romapage.c3.hu).

Mohácsi, Viktoria.

Viktoria Mohácsi, a Vlach Rom, has worked as a journalist with Hungarian Television's Roma Programme for five years. She is currently working as a research intern with the European Roma Rights Centre (ERRC).

Office for National and Ethnic Minorities

The Office for National and Ethnic Minorities is an autonomous organ of state administration with nation-wide competence. It operates under the guidance of the Government and the supervision of the Political Secretary of State of the Prime Minister's Office. The tasks of the Office were defined by Government Resolution No 34/1990 (VIII.30.) and are as follows:

§              Preparation of government minority policy decisions, elaboration of the conception of minority policy, continuous evaluation of the assertion of interests and the situation of national and ethnic minorities, compilation of analytical surveys laying the foundation of government decisions. Co-ordination of government tasks concerning minorities.

§              Participation in the elaboration of the government programme serving the execution of the Act on minority rights; co-ordination concerning the modification of this act, watching the implementation of the tasks falling within the competence of organs of state administration.

§              Preparation of government decisions concerning minorities, giving the opinion of the Office about government decisions in minority issues, participation in the work of reconciliation.

§              Maintaining continuous contacts with the parliamentary commissioner for national and ethnic minority rights, the national self-governments of minorities and other organizations representing the interests of minorities.

§              Promoting the exchange of opinion and information between the Government, minority self-governments and other organizations representing the interests of minorities. Participation in the identification of specific minority interests and demands- through co-ordination with the minority organizations.

§              Watching the positions of public opinion on minorities. Running a documentation service providing comprehensive information in the direction of minority population, the public administration bodies and the mass media. Informing regularly the public opinion on the implementation of minority policy. Keeping documentation on demands and tasks related to the minorities as well as on their situation; establishing and maintaining relations with scholarly institutes and workshops. Developing relations with the mother countries of minorities and with their language-nations in the spirit of principles based on international conventions, in the interest of the minorities living in our country.

§              Maintaining relations with international organizations and institutions which deal with the protection of the rights of minorities living in different countries.

This information was taken from the Office for National and Ethnic Minorities Web site (URL:http://www.meh.hu/nekh).

Office of the Parliamentary Commissioner for National and Ethnic Minorities (Ombudsman)

The Parliamentary Commissioner for National and Ethnic Minorities, or the Minority Ombudsman, Dr. Jenõ Kaltenbach, was appointed by Parliament in 1995 (Country Reports 1997 30 Jan. 1998; Roma Rights Summer 1997d, 27). According to the Ombudsman's 1997 report, the Hungarian constitution stipulates that the Ombudsman's task is to examine national and ethnic offences, or have them examined, and initiate general or unique commands for their prosecution. The Ombudsman is permitted to examine all cases and command any authority with the exception of courts (Office of the Parliamentary Commissioner 1997).

Roma Press Centre (RPC)

The Budapest-based Roma Press Centre is a non-governmental organization that supplies news and information to the public on the situation of the Roma. The RPC was established in December 1995 with the objective of increasing the presence of the Roma in Hungarian mainstream media. Besides its basic functioning as a news agency for the major Hungarian dailies, the Roma Press Centre believes in the importance of increasing the presence of the Roma in all levels of the media, including popular media entities such as talk shows and tabloid newspapers as well. This information was taken from the RPC Web-Site (URL:http://www.romapage.c3.hu).

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Hungarian Helsinki Committee (HHC) and the Constitutional and Legislation Policy Institute (CLPI). 1997. Advanced Punishment: Experiences of the Hungarian Helsinki Committee's Police Cell Monitoring Program in 1996. Budapest: HHC and the CLPI.

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 Hungarian Helsinki Committee (HHC) and the Constitutional and Legislation Policy Institute (CLPI). 1997. Cases of Police Brutality Handled by the Human Rights Legal Counseling Office of the Hungarian Helsinki Committee. Budapest: HHC.

Hungarian Radio [Budapest, in Hungarian]. 26 November 1997. "Row Over Eviction of Romanies Resolved." (BBC Summary 27 Nov. 1997/NEXIS)

The Hungary Report. 22 July 1996. Simon Evans. "Separate but Superior?" [Internet] (URL:www.geocities.com/Paris/5121/edu-hungary.htm) [Accessed 13 Jan. 1998]

The Jerusalem Post. 14 October 1997. Michael J. Jordan. "Gypsy Survivors Fight for Compensation." (NEXIS)

Jewish Policy Research (JPR) Policy Paper. December 1996. No. 3. Margaret Brearley. The Roma/Gypsies of Europe: A Persecuted People. London: JPR.

Kossuth Radio [Budapest, in Hungarian]. 25 November 1997. "Hungary: Minister Urges Postponement of Gypsies' Eviction." (FBIS-EEU-97-329 25 Nov. 1997/WNC)

Lodzinski, Slawomir. 1996. Edited by Magda Opalski and Piotr Dutkiewicz. "Protection of National Minorities in Central and Eastern Europe: Political and Legal Approaches in the Light of International Law," Ethnic Minority Rights in Central Eastern Europe. Ottawa: Canadian Human Rights Foundation and Forum Eastern Europe.

Magyar Hírlap [Budapest, in Hungarian]. 22 December 1997. "Kunszentmiklós: Facing Forced Sale." Translated into English by Zsiga Alfonz of the Roma Press Centre. [Internet] (URL:http://www.romapage.c3.hu/engrsk40.htm) [Accessed 29 Jan. 1998]

Ministry of Foreign Affairs (MFA), of the Republic of Hungary, Budapest. 26 February 1998. Information on Actual Issues in Hungary: Public Foundation for Minority Research.

 Ministry of Foreign Affairs (MFA), of the Republic of Hungary, Budapest. 3 September 1997. Information on Actual Issues in Hungary: Plans to Improve Roma Situation.

 Ministry of Foreign Affairs (MFA), of the Republic of Hungary, Budapest. 1997. No. 6. Fact Sheets on Hungary 1997: Hungary, a Parliamentary Republic.

 Ministry of Foreign Affairs (MFA), of the Republic of Hungary, Budapest. 1996. No. 4. Fact Sheets on Hungary 1996: The Hungarian Education System.

 Ministry of Foreign Affairs (MFA), of the Republic of Hungary, Budapest. 1994. No. 3. Dossiers sur la Hongrie 1994 : La Loi LXXVII de 1993 sur les droits des minorités nationales et ethniques.

Mohácsi, Viktoria. 6 February 1998. Electronic letter sent to the IRB.

MTI [Budapest, in English]. 8 January 1998a. "Hungary: Foundation for Minorities Set Up in Hungary." (FBIS-EEU-98-008 11 Jan. 1998/WNC)

 MTI [Budapest, in English]. 8 January 1998b. "Hungary: Official 'Satisfied' with Progress in Gypsy Education." (FBIS-EEU-98-008 11 Jan. 1998/WNC)

 MTI [Budapest, in English]. 30 December 1997. "Hungary: MTI Views Hungarian Support Program for Gypsies." (FBIS-EEU-97-364 31 Dec. 1997/WNC)

 MTI [Budapest, in English]. 22 December 1997. "Hungary: Watchdog Group Criticizes Detention Center Conditions." (FBIS-EEU-97-356 23 Dec. 1997/WNC)

 MTI [Budapest, in English]. 19 December 1997. "Eviction of Gypsies–A Social or Ethnic Conflict?" (NEXIS)

 MTI [Budapest, in English]. 5 December 1997. "Hungary: Evicted Gypsies in Szekesfehervar to Receive New Homes." (FBIS-EEU-97-339 6 Dec. 1997/WNC)

 MTI [Budapest, in English]. 2 September 1997. "Hungary: Budapest Government Plans to Improve Roma Situation." (FBIS-EEU-97-245 3 Sept. 1997/ WNC)

 MTI [Budapest, in English]. 1 August 1997. "Hungary: Gypsies Demand Compensation for World War II Suffering." (FBIS-EEU-97-213 2 Aug. 1997/WNC)

NEKI/Legal Defence Bureau for National and Ethnic Minorities, Budapest. 11 Feb. 1998. E-mail to the Research Directorate from NEKI legal assistant.

Népszabadság [Budapest, in Hungarian]. 7 June 1997. "Tradition and the Laws of the Homeland–How Many Times a Roma has to Break the Rule to Live According to His or Her Customs." Translated into English by Elza Lakatos, Roma Press Centre. [Internet] (URL:http://www.romapage.c3.hu/engrsk13.htm) [Accessed 29 Jan. 1998]

Népszabadság [Budapest, in Hungarian]. 2 February 1996. "The Roma are not Stupider Than Others." Translated into English by István Hell, Roma Press Centre. [Internet] (URL:www.romapage.c3.hu/engrsk16.htm) [Accessed 29 Jan. 1998]

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Népszava [Budapest, in Hungarian]. 4 July 1997. "School-Aged Child or a Gypsy?" Translated into English by Gábor Bernáth, Roma Press Centre. [Internet] (URL:www.romapage.c3.hu/engrsk37.htm) [Accessed 29 Jan. 1998]

Népszava [Budapest, in Hungarian]. 28 February 1997. "The Policeman of Fajza have been Condemned for Physical Assault." Translated into English by István Hell, Roma Press Centre. [Internet] (URL:www.romapage.c3.hu/engrsk22.htm) [Accessed 29 Jan. 1998]

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 Office for National and Ethnic Minorities, Budapest. Nd. "Some Words About the Office for National and Ethnic Minorities." [Internet] (URL:http://www.meh.hu/nekh/angol/2.htm) [Accessed 18 Feb. 1998]

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 Office of the Parliamentary Commissioner for the Rights of National and Ethnic Minorities, Budapest. 1997b. Hungarian Country Report on the Law and Profile of Central European Countries in the Field of National Minorities. (English translation e-mailed to the Research Directorate by the Parliamentary Commissioner's personal secretary)

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 Radio Free Europe/Radio Liberty (RFE/RL) Research Institute, Prague. 29 October 1997. RFE/RL Newsline. "Hungarian Unemployment Reaches Record Low." [Internet] (URL:http://www.rferl.org/newsline/1997/10/291097/html) [Accessed 29 Jan. 1998]

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Roma Rights [Budapest]. Summer 1997b. "Snapshots from Around Europe: Roma Plaintiff Wins Civil Suit Contesting Restaurant Discrimination in Hungary."

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[1]1.           In Hungary Roma are often referred to as Cigány, or Gypsies. The Hungarian word Cigány is reportedly less perjorative than its equivilant in slavic languages (ERRC 24 Feb. 1998).

[2]2.           Romungro means "Hungarian man" in Romani (Népszabadság 7 June 1997).

[3]3.           Please see the IRB compilation Selected Legal Documentation Pertaining to the Rights of Minorities, Including Roma, in Hungary for a list of Constitution articles, which deal explicitly with minority rights.

[4]4.           The 13 officially recognized ethnic and national minorities include Roma (Cigány), Bulgarians, Greeks, Croats, Germans, Poles, Armenians, Romanians, Ruthenians, Serbs, Slovaks, Slovenians and Ukrainians (Office of the Parliamentary Commissioner 1997).

[5]5.           HRW/H reports, however, that the guaranteed role of the local minority self-government in issues concerning education and cultural matters is limited to a right to consult at council meetings, despite the fact that some decisions may have a direct impact on minority communities (July 1996, 115).

[6]6.           There are a number of Romani political parties and groups, including the following that have fielded electoral candidates in the past: Lungo Drom, Phralipe, Democratic Alliance of Hungarian Gypsies, National Alliance of Roma and The Alliance for Justice for Hungarian Gypsies (HRW/H July 1996, 137).

 

[7]7.           This group honours Ferenc Szlasi, Hungary's World War II leader who was executed as a war criminal (ADL 1995, np).

[8]8.           Investigations into police officers are carried out by county or metropolitan investigation offices of the public prosecutor (HHC 15 Feb. 1998; NEKI 11 Feb. 1998). Internal disciplinary investigations can also be carried out within the police department, but these proceedings are often dropped once criminal proceedings begin (HHC 15 Feb. 1998). Charges can be laid by the investigation office, the public prosecutor or the police. The victim, his or her family, other police officers or judges can lay the initial charge against a police officer. According to the HHC, about 70 per cent of all charges (approximately 1200-1400 per year) are levied by the alleged victim or his orher representative. Approximately one-third of charges are dismissed as "evidently unfounded" by the investigation officer; 80 per cent of investigations are closed due to lack of evidence or because the investigating office believes that the police officer's actions were justified (ibid.).

[9]9.           Please see Response to Information Request HUN28976.E of 5 March 1998 for detailed information on the structure of the Hungarian judicial system available at Regional Documentation Centres.

[10]10.        The court's decision is under appeal (The Toronto Star 28 Aug. 1997).