Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/HUNGARY.TXT

Text File | 1996-01-04 | 27KB | 557 lines

TITLE:  HUNGARY HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            HUNGARY


Hungary is a parliamentary democracy with a freely elected
legislative assembly.  Prime Minister Gyula Horn, the leader of
the Hungarian Socialist (formerly Communist) Party, heads a
coalition Government which was formed after the 1994 national
elections.

The state internal and external security services report to a
minister without portfolio, and the police report to the
Interior Minister.  There continued to be credible reports of
police abuse.

The new Socialist-led Government remains committed to the
transition to a market economy.  About three-quarters of
Hungary's trade is with advanced industrial countries, and the
private sector provides over half of the gross domestic
product.  However, the privatization process moved more slowly
than anticipated, and living standards continued to fall for
most of the population.  Unemployment is approximately 11
percent for the economy as a whole and about 70 percent in the
Roma community.  Services, trade, and government employ about
45 percent of the labor force, and industry nearly 30 percent.
Major exports include raw materials, semifinished goods, and
chemicals (40 percent); consumer goods (22 percent); and food
and agriculture (20 percent).

Although the Government generally respects constitutionally
provided human rights and civil liberties, the law does not
ensure due process in all cases.  Prosecutors may request what
amounts to unlimited pretrial detention.  Police may enter
private residences to check foreigners' identification without
warrants.  Police searching for illegal aliens resorted to
widespread raids, detaining those who did not show appropriate
documents and harassing others.

Despite the print media's relatively high degree of
independence, the Government influences state-owned television
and radio, which dominate the airwaves.  Although the
Government does not systematically repress the Roma population,
police continued to harass and abuse Roma.  Societal
discrimination against Roma continued to be widespread.
However, there were fewer anti-Semitic and racist incidents and
skinhead attacks, largely due to the decrease in the number of
foreign students in the country.  A new law designed to
strengthen the rights of ethnic minorities went into effect
during 1994.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of such killings.  The 1992 case of the
park ranger accused of killing two Roma was appealed to the
Supreme Court.  In 1994 the Court found the ranger guilty and
sentenced him to 10 years in prison.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

No known instances of torture occurred.  Police, however,
continued to harass and physically abuse Roma.  In one case of
particularly degrading treatment, a dozen Budapest police
without a warrant entered an apartment where Roma families were
celebrating a child's birthday and began beating the women and
yelling racist obscenities.

Police also harassed and mistreated foreigners.  After being
given three breathalyzer tests at a police checkpoint in
Budapest, an American citizen was taken to a police station.
When the police produced a needle, the American citizen
objected and requested a translator.  According to the citizen,
the police refused to provide a translator and forced his
compliance with the taking of blood samples by choking and
beating him into unconsciousness.  A medical report confirmed
that the citizen had been beaten.

In a Budapest restaurant frequented by foreigners, more than a
dozen armed police rounded up guests and demanded identity
papers.  When the Chinese owner of the restaurant protested,
the police threatened to beat him.

     d.  Arbitrary Arrest, Detention, or Exile

Police must inform suspects upon arrest of the charges against
them and may hold them for a maximum of 72 hours before filing
charges.  The law requires that all suspects be allowed access
to counsel prior to questioning and throughout all subsequent
proceedings.  The authorities must provide counsel for
juveniles, the indigent, and the mentally handicapped.  The
authorities respect these rights to counsel.  There is no bail
system; however, depending upon the nature of the crime, the
court may release the accused upon his or her own recognizance.

Pretrial detention, based on a warrant issued by a judge, is
initially limited to 1 year while criminal investigations are
in progress; it may be extended indefinitely on the
prosecutor's motion.  In 1993, 49 people had been held for more
than 1 year.  No figures are yet available for 1994.

In the eastern town of Debrecen, several policemen without a
warrant entered the apartment of foreign medical students and
took 10 who had only their student identity cards to the police
station.  The police did not allow the students to make
telephone calls and did not release them until their friends
were able to produce their passports several hours later.

The Penal Code does not provide for exile.

     e.  Denial of Fair Public Trial

Under the Constitution, the courts are responsible for the
administration of justice, with the Supreme Court exercising
policy control over the operations and judicature of all
courts.  There are three levels of courts in the current
system.  Original jurisdiction in most matters rests with the
local courts.  Appeals of their rulings may be made to county
courts or to the Budapest municipal court, all of which also
have original jurisdiction in some matters.  The highest level
of appeal is the Supreme Court, whose determinations in
nonconstitutional issues are binding.  There is no jury system;
hence, judges are the final arbiters.  In the case of military
trials, appeals also may be addressed to the Supreme Court.

The Constitutional Court is charged with reviewing the
constitutionality of laws and statutes brought before it.
Parliament elects the Court's members to 9-year terms which may
be renewed.  No judge or member of the Supreme Court or the
Constitutional Court may belong to a political party or engage
in political activity.

The law provides for the right to a fair public trial, and the
authorities respect this right in practice.  In selected cases,
however, judges may agree to a closed trial to protect the
accused or the crime victim, such as in some rape cases.
Military trials follow civil law and may be closed if state,
service, or moral grounds so justify.  In all cases, sentencing
must take place publicly.  Defendants are entitled to counsel
during all phases of criminal proceedings and are presumed
innocent until proven guilty.  Judicial proceedings are
generally investigative rather than adversarial in nature.

Many human rights and Roma organizations allege that Roma
receive less than equal treatment in court.  Specifically, they
argue that Roma are kept in pretrial detention more often and
for longer periods of time than non-Roma.  Because official
records do not contain the ethnic identity of offenders, there
is no statistical support for this allegation.

In the absence of a law against hate crimes, skinhead assaults
against minorities continue to be treated as hooliganism (a
misdemeanor), and sentences are light.  President of the
Republic Arpad Goncz has proposed a law which would stiffen the
penalties for hate crimes, but Parliament has not yet acted on
this proposal.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The law provides that the prosecutor's office may issue search
warrants independently.  Police must carry out house searches
in the presence of two witnesses and must prepare a written
inventory of items removed from the premises.  Wiretapping,
which may be done for national security reasons and for
legitimate criminal investigations, requires a court's
permission.  These provisions are observed in practice.

A search warrant is not necessary, however, in cases in which
the police are making checks on the validity of the identity
papers of foreigners.  In a series of raids in September,
police conducted arbitrary identity checks in restaurants and
residences frequented by foreigners.  In Budapest, a dozen
policemen went to the residence of an American business
executive at 2:45 a.m. to demand identification.  The
businessman was not home.  The policemen left after the
businessman's wife produced the appropriate documents for
herself and her small children.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech, and the
Government generally respects this right in practice.  Some
Budapest dailies are still partially state owned, but a broad
spectrum of print media enjoy considerable freedom.  Newspaper
and periodical subscriptions are obtained through the
government-controlled postal system, however, which has led to
charges by certain journals that their circulation is impeded
for political reasons.

Parliament's continued failure to enact a broadcast bill meant
that the Government retained the ability to exert political
pressure on the electronic media.  There is one private
national radio station and one national radio station in which
the Government maintains a minority share.  There are no
private national television stations.  State-owned Hungarian
Radio and Hungarian Television continued to enjoy a near
monopoly of nationwide broadcasting, and the Prime Minister
controlled their budgets.  During the spring election campaign,
the progovernment bias of the electronic media's news coverage
was often apparent.

Following the national elections, the outgoing Prime Minister
dismissed the acting heads of state-run radio and television,
and the incoming Prime Minister appointed replacements.  The
new management rehired and compensated many of those dismissed
by the former management for political reasons and then
dismissed, apparently also for political reasons, some 15 to 20
people.  The opposition contends that the number of persons
dismissed for political reasons is now much higher, but the
exact number is subject to dispute.

While some limited-range local licenses have been issued,
partisan wrangling and pressures from television and radio
unions and employee associations continued to block the
availability of national broadcast frequencies and the
privatization of existing state channels.  (However, over half
of the country's households have access to satellite
television, cable, or both.)  In September the Prime Minister
said his party was committed to continued state ownership of
the two existing national television channels.

     b.  Freedom of Peaceful Assembly and Association

There are essentially no restrictions on peaceful public
gatherings.  In general, the Government does not require
permits for assembly except in instances when a public
gathering is to take place near sensitive installations, such
as military facilities, embassies, and key government
buildings.  Police may sometimes alter or revoke permits, but
there is no evidence that they abuse this right.

Any 10 or more persons may form an association, provided that
it does not commit criminal offenses or disturb the rights of
others.  Associations with charters and elected officers must
register with the courts.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and members
of all faiths are allowed to practice their religion freely.
There is no officially preferred religion, but only officially
approved churches receive state subsidies.  The Government
distributed over $28 million in state subsidies among
approximately three dozen churches.  Religious orders and
schools have regained some property confiscated by the
Communist regime.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

There are no restrictions on the movement of citizens within or
outside Hungary, including on the rights of emigration and
repatriation.  The Government may delay but not deny emigration
for those who have significant court-assessed debts or who
possess state secrets.  It requires that foreign students from
countries not having a visa waiver agreement with Hungary
obtain exit visas every time they leave the country.

The fighting in the former Yugoslavia resulted in a continued
flow of refugees into Hungary.  While 7,110 refugees are
registered within Hungary, the Government estimates that over
30,000 more are unregistered.  Most of the refugees are in
private housing, with only around 2,000 housed in refugee camps.

Hungary is a signatory to the 1951 Convention Relating to the
Status of Refugees and to the 1967 Protocol, with a caveat that
it will grant refugee status only to European nationals.
Prospective refugees who seek only to transit to Western Europe
are encouraged to return to their countries of departure.

Illegal aliens, mostly non-European, are housed at the
detention center at Kerepestarcsa pending their deportation or
their qualification for resettlement in a third country by the
local office of the United Nations High Commissioner for
Refugees (UNHCR).  While police seek the timely deportation of
detainees who do not qualify for refugee status, a shortage of
funds and the detainees' lack of proper documentation, such as
passports, often result in lengthy stays.  The UNHCR reports
that conditions at the camp are acceptable.  Newspapers have
reported that Serbian refugees at the camp have threatened
other residents.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens age 18 and over have the right to change their
government through national elections held at least every
4 years.  The Parliament's members are elected through a
complex voting procedure for individuals and party lists.  In
the 1994 national elections, the Hungarian Socialist Party won
an absolute majority and formed a coalition Government with the
liberal Alliance of Free Democrats under Prime Minister Gyula
Horn.  Four parties, ranging from moderate to conservative,
constitute an active opposition in Parliament.

There are no legal impediments to women's participation in
government or the political process; however, only 43 of 386
parliamentary deputies are women.  There are few women in
leadership positions in the Government or the political
parties.  Several minorities are represented in Parliament.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Numerous human rights organizations operate without government
restriction or interference.  Many nongovernmental
organizations (NGO's) report that the Government is generally
responsive to their requests for information.  However,
individual police stations are reportedly uncooperative at
times, particularly in cases involving Roma.  There is also a
25-member parliamentary Committee for Human, Minority, and
Religious Rights.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

Legally, women have the same rights as men, including identical
inheritance and property rights.  While there is no overt
discrimination against women, the number of women in middle or
upper managerial positions in business and government is low.
Women are heavily represented in the judiciary and in the
medical and teaching professions.  The law does not prohibit
sexual harassment in the workplace.

While there are laws against rape, it is often unreported for
cultural reasons.  Police attitudes towards victims of sexual
abuse reportedly are often unsympathetic.  According to women's
organizations, the vast majority of rape and abuse cases go
unreported.  Rape within marriage is illegal according to
Hungarian law, but proving it is extremely difficult in
practice.  According to the National Alliance of Hungarian
Women, there were 468 reported rapes (211 by spouses) and 271
reported cases of assaults on women.

Women's groups report that making women aware of their rights
is a major problem.  In the fall, Hungarian television without
explanation canceled "Ombudsno," the only television program
concerned with legal and social issues affecting women.

     Children

The Government is committed to children's rights.  Education is
mandatory through age 16, and employment is illegal below age
16.  According to the National Alliance of Hungarian Women, an
NGO, there were 528 reported cases of violence against children
in 1994, 190 of which took place within the family.

     National/Racial/Ethnic Minorities

The 1993 law on ethnic and minority rights 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.
Further, the new law permits associations, movements, and
political parties based upon an ethnic or national character,
and mandates unrestricted use of ethnic languages.  Only those
ethnic groups which have lived within the country's present
borders for at least 100 years and who are citizens may obtain
recognized status under the new law.

On this basis, the law specifically grants minority status to
13 ethnic or national groups.  Other groups may petition the
Chairman of Parliament for inclusion if they comprise at least
1,000 citizens and have their own language and culture.

In December Hungary held its first elections for minority local
self-governments, which resulted in the formation of over 600
minority local bodies.  With funding from the central budget
and logistical support from local governments, these bodies
will have as their primary responsibility influencing and
overseeing local matters affecting the minorities.  In 1995,
they will also delegate electors to their own national
assembly, forming the national minority self-government.

In November Parliament passed a law providing for three
ombudsmen, one of whom would be specifically charged with
defending minority rights.  The ombudsmen are expected to begin
their work in the spring of 1995.

Roma constitute about 4 percent of the population, with
Germans, the second largest minority group, at about
2 percent.  There are smaller communities of Slovaks, Croats,
Romanians, Poles, Greeks, Serbs, Slovenes, Armenians,
Ruthenians, and Bulgarians, all of which are also recognized as
minorities.

Education is available to varying degrees in almost all
minority languages.  There are minority-language print media,
and the state-run radio broadcasts 2-hour daily programs in the
mother tongue of major nationalities, i.e., Slovak, Romanian,
German, Croatian, and Serbian.  State-run television carries a
30-minute program for the larger minority groups, complemented
by 5-minute weekly news bulletins.

Conditions of life within the Roma community are significantly
poorer than among the general population.  Roma suffer from
discrimination and racist attacks and are considerably less
educated, with lower than average incomes and life expectancy.
The Roma unemployment rate is estimated to be 70 percent, more
than six times the national average of 11 percent.  With
unemployment benefits exhausted and inadequate social services,
there are reports that Roma families, including young children,
are forced to resort to stealing food to eat.  Roma also
constitute a majority of the prison population.

The Government sponsors programs both to preserve Roma
languages and cultural heritage and to assist social and
economic assimilation.  Nonetheless, widespread popular
prejudice continues.  In a November incident in the town of
Gyongyos, a group of skinheads threw Molotov cocktails in the
windows of a Roma family's house and burned it down.  One of
the victims, who was taken into custody for attacking two
youths whom the police said were innocent, told reporters that
the police had forced him to change his statement.  Police
sometimes abuse Roma.

     Religious Minorities

The Jewish community is generally well assimilated, and there
were few anti-Semitic incidents.  Jews are well represented in
politics, the media, culture, and business.  During the
election campaign, swastikas and other anti-Semitic graffiti
were spray-painted on posters, and in a notable incident, a bus
which took Jewish youngsters to a Jewish summer camp at the
town of Szarvas was spray-painted with swastikas.  In a more
serious incident in March, two skinheads stabbed a Jewish
passenger in the leg on a Budapest subway.  The case has not
yet come to trial.  The number of assaults on Jews by skinheads
and neo-Nazi sympathizers continued to decline.

The Martin Luther King Organization (MLKO), which documents
assaults on foreigners of color recorded 16 such incidents in
1994, down from 20 in 1993 and 78 in 1992.  MLKO sources
commented, however, that they believe many cases go unreported
and that the decline in attacks is primarily due to the lower
number of foreign students in Hungary.  There have been some
reports of societal discrimination against persons of color.

     People with Disabilities

The Government does not mandate accessibility to buildings or
government services for people with disabilities.  Services to
the disabled are limited, and many buildings are not wheelchair
accessible.

Section 6  Worker Rights

     a.  The Right of Association

The 1992 Labor Code recognizes the right of unions to organize
and bargain collectively and permits trade union pluralism.
Workers have the right to associate freely, choose
representatives, publish journals, and openly promote members'
interests and views.  With the exception of military personnel
and the police, they also have the right to strike.  Under a
separate 1992 law, public servants may negotiate working
conditions, but the final decision on increasing salaries rests
with Parliament.

There are no restrictions on trade union contacts with
international organizations, and unions have developed a wide
range of ties with European and international trade union
bodies.

The largest labor union organization in Hungary is the National
Confederation of Hungarian Trade Unions, the successor to the
former monolithic Communist union, with over 800,000 members.
The Democratic League of Independent Unions and the Federation
of Workers' Councils, have around 250,000 and 150,000 members
respectively.

     b.  The Right to Organize and Bargain Collectively

The Labor Code permits collective bargaining at the enterprise
and industry level, although the practice is not widespread.
There is a willingness among labor organizations to cooperate
with one another, and it is particularly evident in their
relationship in forums such as the National Interest
Reconciliation Council (ET), which provides a forum for
tripartite consultation among representatives from management,
employees, and the Government.  The ET discusses issues such as
wage hikes and the setting of the minimum wage, which is
centrally negotiated within the ET in order to control
inflation.  Individual trade unions and management may
negotiate higher levels (but not lower ones) at the plant
level.  The Ministry of Labor is responsible for drafting
labor-related legislation, while special labor courts enforce
labor laws.  The decisions of these courts may be appealed to
the civil court system.  Employers are prohibited from
discriminating against unions and their organizers.  The
Ministry of Labor enforces this provision.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and the Ministry
of Labor enforces this prohibition.

     d.  Minimum Age for Employment of Children

The National Labor Center enforces the minimum age of 16 years,
with exceptions for apprentice programs, which may begin at
15.  There does not appear to be any significant abuse of this
statute.  Education is compulsory through age 16.

     e.  Acceptable Conditions of Work

The ET establishes the legal minimum wage, which is
subsequently implemented by Ministry of Labor decree.  The
current minimum wage, $95 a month (10,500 Forints) is
insufficient to provide an adequate standard of living for
workers and their families.  Many workers, therefore,
supplement their primary employment with second jobs.

The Labor Code specifies various conditions of employment,
including termination procedures, severance pay, maternity
leave, trade union consultation rights in some management
decisions, annual and sick leave entitlements, and labor
conflict resolution procedures.  Under the Code, the official
workday is set at 8 hours; it may vary, however, depending upon
the nature of the industry.  A 24-hour rest period is required
during the week.

Labor courts and the Ministry of Labor enforce occupational
safety standards set by the Government, but specific safety
conditions are not always up to internationally accepted
standards.  Enforcement of occupational safety standards is not
always effective because of the limited resources the Ministry
of Labor is able to commit to enforcement.  Workers have the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.