Hungary: treatment of Roma and state protection efforts (2013-August 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Treatment of Roma

The US Department of State's Country Reports on Human Rights Practices for 2015 states that "[e]xtreme ethnic nationalist groups, including the Jobbik Party, continued to use derogatory rhetoric about 'gypsy crime' and incited hatred against the Roma community" (US 13 Apr. 2016, 44). According to a 2014 article by the Athena Institute, a Budapest-based research organization that analyzes issues concerning domestic extremism and terrorism in Europe (Athena Institute n.d.), since the electoral campaign preceding Hungary's 2014 general elections, Jobbik has "slowly but firmly" disassociated itself from extremist elements (ibid. 30 June 2014). In a report from his visit to Hungary in July 2014, the Commissioner for Human Rights of the Council of Europe similarly notes that there has been "a toning down of the most extremist rhetoric" in Hungary as of 2014 (Council of Europe 16 Dec. 2014, para. 77). Nonetheless, the Commissioner's report adds that

[the] discourse and activities by Jobbik's candidates at the last municipal elections in October 2014 indicate that this might not be an irreversible trend. As a result, the electoral success of Jobbik, which is the third largest political movement represented in the Hungarian Parliament with 20.54% of the vote in the 2014 general elections, can only be of concern to the Commissioner. (ibid.)

According to Country Reports 2015, in May 2014 the Hungarian parliament elected Tamás Sneider as one of its deputy speakers; Sneider is reported to be a "former skinhead leader" who received a suspended prison sentence in 1992 for assault against a Roma (US 13 May 2016, 44). The European Commission Against Racism and Intolerance (ECRI) states that this nomination "indicates a certain tolerance for racist attitudes and a flagrant disregard for the country's most vulnerable group" (Council of Europe 9 June 2015, para. 68). According to the information available on the website of the Hungarian parliament, Sneider is listed as a deputy speaker (Hungary n.d.).

A 2014 article by the Athena Institute indicates that

the extremist groups that caused massive problems for the Hungarian authorities, terrorised the Roma, Jewish and LGBT communities on countless occasions and played a huge role in Jobbik entering the Parliament in 2010 are on a path to insignificance. The scene is eroding organisationally, it is highly fragmented, its significance and influence is minimal and its member numbers are nowhere near the peak that they reached a couple of years ago. (30 June 2014)

In its 2015 report on Hungary, ECRI states that racist violence against Roma, including activities carried out by extremist groups, "is one of the most important problems in Hungary," although it notes that the situation improved as of 2013 (Council of Europe 9 June 2015, 9). According to the US Overseas Security Advisory Council's (OSAC) 2016 Crime and Safety Report for Hungary, although the disbanded Magyar Guarda (Hungarian Guard) extremist group, which is associated with Jobbik, continued to operate and to "intimidate and conduct anti-Roma activity" across the country, "it has lost much of its influence and ability to recruit new members in recent years" (US 15 Feb. 2016). For further information on the Jobbik party and the Hungarian Guard, including their relationship with Roma, see Response to Information Request HUN105196 of July 2015.

For information on the situation of Roma, including access to housing, employment, education and health services, see Response to Information Request HUN105586 of August 2016.

1.1 Treatment by Authorities

According to sources, anti-Roma prejudice is present among police officers in Hungary (NEKI et al. 2014, 14; HHC 2015, 7), and Roma are subject to ethnic profiling by the police (ibid.; CFCF et al. Sept. 2015, 8). Sources report that, according to local NGOs, Roma were disproportionately penalised by the police for petty offences, such as those relating to the use of bicycles (ibid.; US 13 Apr. 2016, 44-45), or illegal collection of firewood (ibid., 44). According to an article published by Romea, a Czech news portal covering Roma-related topics (Romea n.d.), in fall of 2015 the Roma Press Center (RPC), a Hungarian news agency that reports on Roma issues (RPC n.d.), collected accounts of approximately 50 incidents in which "disproportionately high" fines were imposed on Roma for "absurd" misdemeanours (Romea 27 Apr. 2016). Sources indicate that those who fail to pay such misdemeanour fines on time can be sentenced to prison (ibid.; CFCF et al. Sept. 2015, 8) or to community service (Romea 27 Apr. 2016). Country Reports 2015 cites information provided by Hungarian NGOs as stating that police "usually ignored" similar offences when they were committed by non-Roma (US 13 Apr. 2016, 44). In their report submitted in September 2015 to the UN Universal Periodic Review for Hungary, the Chance for Children Foundation (CFCF), the European Roma Rights Centre (ERRC), and the Legal Defence Bureau for National and Ethnic Minorities (NEKI) [1] state that such behaviour by the police "indicates ethnic disproportionality that could not be reasonably justified and was based on ethnic profiling, a form of racial discrimination" (CFCF et al. Sept. 2015, 8). Human Rights Watch notes that in September 2015, Hungary's Equal Treatment Authority (ETA) found this practice to be "discriminatory" (Human Rights Watch 2016, 259). According to the CFCF et al., the Hungarian police refused to review the fining practices of the concerned departments (Sept. 2015, 8).

A report by the Hungarian Helsinki Committee (HHC) [2] states that in August 2014, the chief of the Hungarian police rejected a proposal by six NGOs to establish a working group on ethnic profiling, claiming that "ethnic profiling is not present in the sanctioning practice of the police" (HHC 2015, 7-8). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that in September 2015, a court in Eger ruled that the police failed to protect Roma inhabitants of the village of Gyöngyöspata from extremist groups that organized marches in the village in 2011 [3] (US 13 Apr. 2016, 7; AI 2016, 181). Sources note that the court found that the police not only failed to protect Roma during the march, but later imposed misdemeanor charges against members of the minority community (US 13 Apr. 2016, 7; HCLU Jan. 2016, 20). The Hungarian Civil Liberties Union (HCLU) [4], which filed the lawsuit, states that the ruling represents "a very important achievement, as this is the first Hungarian court ruling that deems the practice of the police against the Roma to be discriminatory, and therefore unlawful" (ibid., 21). Sources note that the verdict on the case is not final (ibid.; US 13 Apr. 2016, 7), remaining open for an appeal (ibid.). Sources further report that in October 2015, the European Court of Human Rights found that Hungary discriminated against a Roma man when the police failed to investigate a 2012 racist attack against him in Szeged (AI 2016, 181; ERRC 27 Oct. 2015). For information on police treatment of Roma prior to July 2015, see Response to Information Request HUN105197 of July 2015.

2. State Protection

According to a 2016 report on Hungary by Amnesty International (AI), "Roma continued to be … inadequately protected against hate crimes" (AI 2016, 179). In correspondence with the Research Directorate, the Head of the HCLU's Roma Program, which provides legal assistance to Roma victims of hate crimes, stated that based on HCLU's experience in the Heves and Borsod-Abaúj-Zemplén counties, the police response to hate crimes committed against Roma was "generally not adequate" (HCLU 18 July 2016). The same source noted that

the racist motivation was only taken into account after HCLU's intervention in the cases. In consequence of ignorance of the racist motive, the cases are usually not dealt with by the county police office which would be competent to investigate hate crimes. Our clients did not get protection from police even when members of well-known right-wing paramilitary organizations were threatening and harassing them for weeks and they reported this on a daily basis to the police. (ibid.)

Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to information provided by an official at the Embassy of Hungary in Ottawa, who consulted with relevant ministries in Hungary, the Hungarian police, in partnership with the Fraternal Association of European Roma Law Enforcement Officers, initiated a project titled Initiative for the Improvement of the Police Prevention and Handling of Hate Incidents (Hungary 25 July 2016). According to the same source, three police officers from each county were trained on responding to hate crimes in the framework of the project in 2015 (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For information on state protection mechanisms against hate crimes, and their effectiveness, see Response to Information Request HUN105197of July 2015.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The Chance for Children Foundation (CFCF) is "a Budapest-based Roma NGO founded with the express purpose of fighting structural discrimination against Roma and impoverished children in education through collective legal action coupled with community organising and local action."

The European Roma Rights Centre (ERRC) is "an international public interest law organisation working to combat anti-Romani racism and human rights abuse of Roma through strategic litigation, research and policy development, advocacy and human rights education."

The Legal Defence Bureau for National and Ethnic Minorities (NEKI) is "an NGO aiming to combat discrimination of Roma. Its main objectives are maintaining a free-of-charge legal aid service for disadvantaged Roma and conducting anti-discrimination strategic litigation" (CFCF et al. Sept 2015, 3).

[2] The Hungarian Helsinki Committee (HHC) is "a non-profit organisation founded in 1989 in Hungary. The HHC monitors the enforcement in Hungary of human rights enshrined in international human rights instruments, provides legal defence to victims of human rights abuses by state authorities and informs the public about rights violations" (HHC 2015, 1).

[3] According to the HCLU, in March of 2011, militant groups carried out patrols in the village of Gyöngyöspata for 16 days, aimed at intimidating local Roma population (HCLU 2012, 26). They followed Roma to grocery stores and to schools and "directed fear-inducing, life-threatening remarks at Roma people" (ibid.). HCLU states that the incident, which "questioned the exclusivity of the state's monopoly on law enforcement" and exposed police's inactivity, "became a symbol of the problems of Roma and non-Roma coexistance" in Hungary (ibid.).

[4] The Hungarian Civil Liberties Union (HCLU) is a Budapest-based NGO that "monitors legislation, pursues strategic litigation, conducts public education and launches awareness raising media campaigns. It stands by citizens unable to defend themselves, assisting them in protecting their basic rights" (HCLU n.d.).

References

Amnesty International (AI). 2016. "Hungary." Amnesty International Report 2015/2016: The State of the World's Human Rights. [Accessed 22 July 2016]

Athena Institute. 30 June 2014. "Marching into Futility." [Accessed 27 July 2016]

_____. N.d. "About the Institute." [Accessed 28 July 2016]

Chance for Children Foundation (CFCF), European Roma Rights Centre (ERRC) and Legal Defence Bureau for National and Ethnic Minorities (NEKI). September 2015. Hungary. Submission to the UN Universal Periodic Review. September 2015. [Accessed 25 July 2016]

Council of Europe. 9 June 2015. European Commission against Racism and Intolerance (ECRI). ECRI Report on Hungary (Fifth Monitoring Cycle). [Accessed 20 June 2016]

_____. 16 December 2014. Nils Muižnieks, Commissionner for Human Rights. Report by Nils Muižnieks, Commissioner For Human Rights of the Council of Europe, Following His Visit to Hungary from 1 to 4 July 2014. [Accessed 25 July 2016]

European Roma Rights Centre (ERRC). 27 October 2015. Szelim Simándi. "Hungary Condemned by the European Court of Human Rights for Failing to Investigate Racist Attack against a Roma Man." [Accessed 20 June 2016]

Human Rights Watch. 2016. "Hungary." World Report 2016: Events of 2015. [Accessed 22 July 2016]

Hungarian Civil Liberties Union (HCLU). 18 July 2016. Correspondance from the Head of the Roma Program to the Research Directorate.

_____. January 2016. Annual Report 2015. [Accessed 26 July 2016]

_____. 2012. Roma Program of the Hungarian Civil Liberties Union. Project Description 2012. [Accessed 25 July 2016]

_____. N.d. "About Us." < http://tasz.hu/en/about-us> [Accessed 29 July 2016]

Hungarian Helsinki Coommitee (HHC). 2015. Suggestions for Questions to be Included in the List of Issues Prior to Reporting on Hungary for Consideration by the Human Rights Committee at its 115th session in October 2015. [Accessed 25 July 2016]

Hungary. 25 July 2016. Correspondance from an official at the Embassy of Hungary in Ottawa to the Research Directorate

_____. N.d. Hungarian National Assembly. "Sneider, Tamás (Jobbik)." [Accessed 27 July 2016]

Legal Defence Bureau for National and Ethnic Minorities (NEKI), Háttér Society and Hungarian Helsinki Committee (HHC). 2014. Tamás Dombos and Márton Udvari. Hate Crimes in Hungary. Problems, Recommendations, Good Practices.Summary Report. [Accessed 22 July 2016]

Romea. 27 April 2016. "Hungary: Roma Press Center Launches Ironic Campaign Against Police Abuse Featuring Leading Actors." [Accessed 26 July 2016]

_____. N.d. "About Romea.cz." [Accessed 26 July 2016]

Roma Press Center (RPC). N.d. "Roma Press Center - Roma Sajtóközpont." [Accessed 21 July 2016]

United States (US). 13 April 2016. Department of State. "Hungary." Country Reports on Human Rights Practices for 2015. [Accessed 22 July 2016]

_____. 15 February 2016. Department of State. Overseas Security Advisory Council (OSAC). "Hungary." 2016 Crime and Safety Report. [Accessed 25 July 2016]

Additional Sources Consulted

Oral sources: Two researchers at the National University of Public Service.

Internet sites, including: Budapest Beacon; COREPOL; ecoi.net; European Equality Law Network; European Roma Information Office; European Union - Agency for Fundamental Rights, Agency for Law Enforcement Training, Commission, Economic and Social Committee, Eurobarometer, Europol, Parliament; Factiva; Fraternal Association of European Roma Law Enforcement Officers; Freedom House; Háttér Society; Hope Not Hate; Human Rights First; Hungary - Office of the Commissioner for Fundamental Rights of Hungary, Parliamentary Commissioner for the Rights of National and Ethnic Minorities; Minority Rights Group; National Institute of Criminology; Open Society Foundations; Organization for Security and Cooperation in Europe - Hate Crime Reporting; Roma Decade; Working Group Against Hate Crimes; World Bank; United Nations - Office of the High Commissioner for Human Rights, Refworld; UPR Info