COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS REVIEW OF REPORTS OF HUNGARY

CERD
61st session
15 August 2002
Afternoon


Social Integration of the Roma Population Is a Key
Issue for the New Government, Delegation Says



The Committee on the Elimination of Racial Discrimination this afternoon started its review of the fourteenth, fifteenth, sixteenth and seventeenth periodic reports of Hungary by hearing a Government delegation say that the social integration of the Roma population has become a key issue for the new Government.
Introducing the reports, Arpad Prandler, Ambassador Extraordinary and Plenipotentiary at the Ministry of Foreign Affairs of Hungary, said that the situation of the Roma community in Hungary differed in many aspects from that of the other minorities; and their social integration has become a key issue for the new Government.
At the same time, the Government had to acknowledge that the events of the past few years had shown that the great majority of the Hungarian society was still not aware of the problems of the Roma community. In order to change that attitude, it was essential to expose the reasons for prejudice, Mr. Prandler added.
Linos Alexander Sicilianos, the Committee Expert who acted as country rapporteur to the reports of Hungary, asked for further information about allegations of police brutality and bad treatment of Roma and foreigners. Such people were reportedly ill-treated by the police during interrogations and their transfer to police cells. He said that lodging complaints against police officers who were involved in acts of brutality was considered as defamation; and for that reason victims were persuaded against lodging complaints.
Other Committee Experts also raised a number of questions on issues such as the Roma and other minorities; stateless persons; the construction of new detention centres; separation of Afghan refugees from others; conditions of asylum-seekers; and anti-Muslim and anti-Semitic sentiments, among other things.
Also participating in the discussion were Committee Experts Patricia Nozipho January-Bardill, Kurt Herndl, Luis Valencia Rodriguez, Mohamed Aly Thiam, Yuri A. Reshetov, Nourredine Amir, Regis de Gouttes, Morten Kjaerum, Marc Bousuyt and Tang Chengyuan.
The Hungarian delegation was also composed of Laszlo Teleki, Political State Secretary for Roma Issues at the Prime Minister's Office; Antal Heizer, President, Office for National and Ethnic Minorities; Andras Szabo, Ambassador, Permanent Representative of Hungary to the United Nations Office at Geneva; Peter Medgyes, Deputy State Secretary for International Affairs, Ministry of Education; Viktoria Mohacsi, Ministerial Commissioner for Roma Children, Ministry of Education; Monika Weller, Special Advisor, Ministry of Justice; Orsolya Toth, and Istvan Lakaros, Third and Second Secretaries, respectively, at the Permanent Mission of Hungary in Geneva.
Hungary is among the 162 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination. It is obliged to present periodic reports to the Committee in accordance with article 9 of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 16 August, it will continue its review of Hungary's reports.

Reports of Hungary
The fourteenth, fifteenth, sixteenth and seventeenth periodic reports of Hungary (CERD/C/431/Add.1), note that the State party guarantees human rights and fundamental freedoms for everyone living in the territory of the country without discrimination of any kind as to race, colour, gender, language, religion, political or other opinion, national or social origin, wealth, birth, or any other status. Any discrimination on these grounds is persecuted to the full extent of the law. The Constitution of Hungary declares that national and ethnic minorities shall share in the power of the people: they shall be constituent factors of the State.
The reports note that by becoming party to international conventions, Hungary complies with the requirements of the rule of law. The process of legal harmonization with international obligations has resulted in comprehensive changes affecting the legal system as a whole. The process of legal harmonization covers the complete legal system, including Hungary's internal legal regulations, which protect human rights and fundamental freedoms, as well as each and every component of the legal provisions ranging from the Constitution to implementing decrees.
The basic anti-discrimination measures and provisions of the Hungarian legal system are to be found in the Constitution itself, while the details and safeguards are elaborated in statutes fully in line with the Constitution.

Presentation of Reports
ARPAD PRANDLER, Ambassador Extraordinary and Plenipotentiary at the Ministry for Foreign Affairs of Hungary, affirmed that his Government was traditionally of the view that the consideration of its reports by the Committee remained a unique opportunity to present and discuss its difficulties, problems and achievements in combatting all forms of racial discrimination in the country. Anti-discrimination legislation as well as their implementation could not be fully effective unless they were complemented by activities which sought to address the deeply rooted social attitudes and tried to increase mutual understanding within the society.
Mr. Prandler said that the changing of attitudes required public awareness and education. The Government of Hungary regarded the education of the young generations about the lessons of the past as a high priority, since it was convinced that knowledge was the best tool to combat discrimination and intolerance. That was the main reason why the Government had, among other things, decided to introduce a day of Holocaust Remembrance into the curriculum of all schools of primary and secondary education. However, education alone would not eliminate the conflicts of interests which could produce racism and xenophobia. In some cases, no positive results could be achieved without new steps and methods in the economy.
International experience had shown that racism could not be tackled through governmental measures alone, the Ambassador said. It was therefore important that civil society become more active in Hungary in the field of promoting tolerance for and understanding of different cultures, races and minorities.
He said that the situation of the Roma community in Hungary differed in many aspects from that of the other minorities. The social integration of the Roma population has become a key issue for the new Government. Their integration demanded the establishment of a tolerant social environment. At the same time, the Government had to acknowledge that the events of the past few years had shown that a large majority of the Hungarian society was still not aware of the problems of the Roma community. In order to change that attitude, it was essential to expose the reasons for prejudice.
Mr. Prandler said that the new Government was already working on the elaboration of a comprehensive anti-discrimination act as well as the necessary legal provisions against hate speech. The Ministry of Education was also planning to set up a nationwide integration network to implement programmes reducing the inequality of opportunities.
LASZLO TELEKI, Political State Secretary for Roma Issues at the Prime Minister's Office of Hungary, said that the administration in Hungary continued to favour the Roma people. The structure was being changed to allow the Roma people to be represented at the higher levels. The Roman people had suggested the establishment of a civic council to deal with Roma people. A Roma commission would be established in one of the ministries.
The Roma organizations working in Hungary had suggested that the Government structure integrate Roma issues, Mr Teleki said, adding that the creation of the Office of the State Secretariat he was running was a historic step. The Office had already presented to the Government three legislative propositions concerning Roma issues. One of the proposals concerned the increase of funds for Roma children to allow them to pursue higher studies. The other proposition was the appointment of a Roma officer in each ministry. With such proposals adopted and implemented by the Government, the representation of Roma in the Government would be complete.
The strengthening of civil society was a key factor for the promotion and protection of the Hungarian minorities, Mr. Teleki said. Parliament was expected to adopt anti-discrimination legislation which had been submitted by the Government. The Government had shown political will in changing some of the laws relating to minority rights and in implementing anti-discrimination laws.

Questions and Comments by Committee Experts
LINOS ALEXANDER SICILIANOS, the Committee Expert who acted as country rapporteur to the reports of Hungary, said that Hungary had been undergoing profound changes since 1989 in the economic, social and political fields. The civil society in Hungary was more and more becoming active in promoting the rights of minorities. The Government had created a committee against discrimination in 2001 at the initiative of the Ministry of Justice.
Turning to the contents of the report, Mr. Sicilianos said that the parliamentary commissioner for national and ethnic minority rights had suggested in his report of activities undertaken in 2000 a draft law on the "measures against racism and xenophobia and the safeguarding of equal treatment". The Socialist Party of Hungary, when it was in the opposition, had proposed a similar draft law. What was the position of the present Government on those drafts?
The Constitutional Court had issued an interesting decision in 1997, which stated, in connection with the financing of schools of national minorities, that where those schools took on responsibilities of State schools, affirmative action in favour of schools that received less financial support form the State was acceptable from the constitutional point of view, the rapporteur said. He wanted more information on other measures adopted in other areas.
With regard to article 3 of the Convention on the condemnation of racial segregation and apartheid, Mr. Sicilianos said that article 157 of the Penal Code prohibited, since 15 June 1996, the crime of apartheid by referring to the UN Convention of 1973 on the Elimination and Suppression of the Crime of Apartheid. The measure was satisfactory. However, there was a question concerning the practice of segregation in schools, where separate classes were managed.
Concerning article 4 of the Convention on the condemnation of all propaganda and all organizations which were based on ideas or theories of racial superiority, Mr. Sicilianos said that article 174(b) of the Penal Code provided for penalties for violence against any ethnic, racial or religious groups. However, the Constitutional Court had expressed concern about the freedom of opinion and expression.
Concerning police attitudes, he asked for further information about allegations of police brutality and bad treatment against Roma and foreigners. Such people were reportedly ill-treated by the police during interrogations and their transfer to police cells. He said that lodging complaints against police officers who were involved in acts of brutality was considered as defamation; and for that reason victims were persuaded from lodging complaints. Were there complaints against police brutality? If so, what were the outcomes of the proceedings in courts? Was legal assistance provided to Roma who attempted to lodge complaints? Was the parliamentary Ombudsman empowered to receive or investigate allegations of police ill-treatment?
On the right to equal treatment before the tribunals and all other organs administering justice, which was article 5 of the Convention, Mr. Sicilianos said that Act 110 of 1999 had re-enacted the fundamental principles of civil procedure. The provision was positive because it ensured equality to access to justice by non-citizens and persons whose language was not Hungarian. Other provisions also obliged the State to provide lawyers for those who could not pay for one. The report lacked statistical data on the number of complaints and decisions concerning racial discrimination; and the sanctions taken by courts with regard to complaints lodged by victims.
Mr. Sicilianos asked for further information on foreigners and refugees detained because of their illegal presence in the country. Some of their detention conditions were unacceptable. He said that the acts of discrimination in schools against Roma children were of concern. On the other hand, the encouragement measures by the Government aimed at increasing the number of Roma children attending schools had not achieved results. The number of Roma going to school had not increased. The fund provided for educational programmes for Roman children was not sufficient. The allocation of funds was not enough by itself: the Government should monitor the implementation of the programmes.
In the area of labour, at least 60 to 70 per cent of Roma people were unemployed, Mr Sicilianos said. Discriminatory attitudes of certain employers was mainly responsible for the rise in unemployment. However, the report also contained anti-discriminatory legislation in the areas of employment. Labour Law 16 of 2001 had modified the labour code and other legal provisions had also been enacted. Information was lacking on their effective implementation in labour relations. The delegation should provide information concerning cases that had been brought to court in relation to discrimination in employment, and if compensation was awarded to the victims.
With regard to housing, Roma people were segregated and they could be evicted due to non-payment of rents, he said. The parliamentary Ombudsman of Hungary had revealed that there had been discrimination concerning access to public housing by local authorities. Some local authorities had been expelling Roma people from public houses when they failed to pay their monthly rents or electricity bills because of the suppression of their social assistance.
Other Committee Experts also raised a number of questions. The Committee Experts asked questions on issues such as the Roma and other minorities; stateless persons; the construction of new detention centres; separation of Afghan refugees from others; conditions of asylum-seekers; anti-Muslim and anti-Semitic sentiments, among other things.
An Expert said that he was concerned by recent developments in Hungary concerning the Roma and other minorities. He observed that a number of laws were enacted in all fields, including the establishment of the office of the Ombudsman. However, those legislative arsenals seemed not to improve effectively the conditions of the Roma people on the ground. There was also a report about the detention of persons of foreign origin allegedly arriving in the country without documents.



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