Hungary: Roma political representation, including Roma Councils, mayors of Roma communities, and Roma political parties; activities, mandate, and services provided by these bodies (2015-August 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Nationality Self-Governments

Sources indicate that Roma are one of the 13 nationalities officially recognized by Hungary (Council of Europe 9 June 2015, para. 69; US 3 Mar. 2017, 56). Sources indicate that members of the 13 officially recognized nationalities, including the Roma minority, can register to vote for a "minority list" in parliamentary elections (Freedom House 19 May 2017; US 3 Mar. 2017, 56).

The US Department of State's Country Reports on Human Rights Practices for 2016 indicates that the Hungarian law provides for the cultural autonomy of nationalities and recognizes the right to "foster and enrich historic traditions, language, culture, and educational rights," as well as to form and operate institutions and "maintain international contacts" (US 3 Mar. 2017, 56). An article by Balázs Dobos, a researcher whose research interests include, among others, ethnicity, politics, the representation of minorities in public life and the Roma political parties in Hungary (HAS n.d.), published in 2016 by Autonomy Arrangements in the World [1], states that nationality self-governments [also known as minority self-governments] were created to guarantee the cultural autonomy of minorities and to allow them to decide on issues related to the establishment, operation and "maintenance" of cultural and educational institutions and media at the local and national levels (Dobos Jan. 2016, 19). A 2015 reply by the Hungarian government to the UN's Questionnaire of the Special Rapporteur on Minority Issues to Member States indicates that Roma self-governments contribute to the preservation of Roma cultural values, to the development of Roma institutions and organisations, and to the promotion of the Roma language (Hungary [30 Mar. 2015], 16).

According to Dobos's 2016 article,

[nationality self-governments] obtained the right to determine their protected monuments and memorial sites, [and] the dates of their local and national holidays. They were entitled to adopt their own organizational and operational regulations. (Dobos Jan. 2016, 19)

According to the same source, nationality self-governments have, with the competent state or municipality, the right to "initiate proceedings, request information, or make proposals" (Dobos Jan. 2016, 23).

Dobos explains that, at the local level, municipalities are the "most important partners" of nationality self-governments and that local self-governments determine the relevant tasks to be undertaken in the field of minority protection and lay down the procedures for exercising nationality self-governments' "rights of initiative, proposal, opinion-giving and consent" (Dobos Jan. 2016, 23). In its reply to the UN Questionnaire, the Hungarian government states that local nationality self-governments are "bodies entitled to the rights of evaluation and agreement in the most important issues of the community (education, culture and use of language)" (Hungary [30 Mar. 2015], 15). The US Country Reports 2016 indicates that nationality self-governments "organize activities and manage cultural, educational, and linguistic affairs" (US 3 Mar. 2017, 56).

Article 50 of the 2011 Act CLXXIX on the Rights of Nationalities of Hungary provides the following:

50. § The individual nationalities may, by way of direct voting, set up

1. local nationality self-governments in localities, towns and the metropolitan districts and regional nationality self-governments in the capital and in the counties (hereinafter collectively referred to as "local"), and
2. nationality self-governments with nation-wide competence. (Hungary 2011)

According to Dobos's 2016 article, the electoral system provides that nationality self-governments at the local, territorial and national levels are directly elected by minority voters who are registered to vote (Dobos Jan. 2016, 18). In its reply to the UN's Questionnaire, the Hungarian government similarly indicates that only citizens who are on the electoral registry of a nationality can participate in the elections of that nationality self-government (Hungary [30 Mar. 2015], 15).

Article 57 of the 2011 Act provides the following: "The general elections of nationality self-governments shall be called for the day of the general elections of local municipality board representatives and mayors" (Hungary 2011). In its reply to the UN's Questionnaire, the Hungarian government further explains that, "[i]n accordance with the Fundamental Law [Constitution of Hungary], the election of self-governments of the nationalities is held every 5 years on the date of the general election of local government representatives and mayors" (Hungary [30 Mar. 2015], 15). A copy of the 2011 Act CLXXIX on the Rights of Nationalities of Hungary, including further information on the election of nationality self-governments, is attached to this Response.

In its Freedom in the World 2017 report, Freedom House states that minorities who register to vote for minority lists are "excluded from general party-list voting" (Freedom House 19 May 2017). The Romedia Foundation, a Roma NGO based in Budapest that fosters a positive perception of Roma ethnic identity and provides information on Roma through artistic campaigns and public events (Romedia Foundation n.d.), similarly indicates that, according to the Hungarian electoral law, citizens who register as members of minorities are excluded from voting for general party list (Romedia Foundation 27 Oct. 2013). The same source adds that since, according to the Hungarian Constitution, being a citizen and belonging to a minority are not categories that exclude each other, the electoral law is a "violation of civil rights if someone has to choose between participating [in the parliamentary elections] as a citizen of the country or as a member of the country's official minority" (Romedia Foundation 27 Oct. 2013).

1.1 Local Roma Self-Government

The US Country Reports 2016 indicates that, according to the Hungarian law, nationality self-government can be formed in municipalities with 30 residents belonging to one of the registered nationalities (US 3 Mar. 2017, 56). In its reply to the UN's Questionnaire, the Hungarian government indicates that, in the nationality self-government elections of October 2014, 1,383 Roma self-government elections were scheduled and that 1,197 Roma self-governments were elected (Hungary [30 Mar. 2015], 16).

The Hungarian Central Statistical Office [Központi Statisztikai Hivatal] indicates, in a yearly publication on localities' data, that, as of January 2016, there are 1,147 local Roma self-governments (Hungary 1 Jan. 2016, 21). The same source provides the following information indicating the number of local Roma self-governments per region as of 1 January 2016 (Hungary 1 Jan. 2016, 21).