A/HRC/4/9/Add.2
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functions effectively and in accordance with its stated purpose. She notes in particular Act
No. CXXV on Equal Treatment and the Promotion of Equal Opportunities, which provides a
comprehensive and valuable legislative framework on anti-discrimination.
87.
The body charged with monitoring implementation of the Act, the Equal Treatment
Authority, is considered to represent a “promising practice”, that offers the potential, through
rigorous application and enforcement of the Act, to significantly impact upon the incidence of
discrimination in Hungary and encourage the development of affirmative action programmes
throughout the public sector and in those areas of the private sector covered by the Act.
88.
Equally, the Independent Expert considers the establishment of the Parliamentary
Commissioner for the National and Ethnic Minorities Rights (Minority Ombudsman) as “good
practice” and congratulates the Parliamentary Commissioner for work undertaken in this
capacity. She encourages collaboration and coordination between these institutions.
Furthermore, government initiatives in the field of micro-financing of Roma business ventures
represent “positive practices” and such programmes should be continued.
89.
The Independent Expert makes the following conclusions and recommendations:
(a)
The Independent Expert considers the system of minority self-governments
to be a valuable contribution to efforts to enable cultural autonomy for 13 minority groups
in Hungary. Care should be taken, however, to make clear that the minority
self-governments’ system is not seen as a substitute for full and effective participation in
the “majority” political apparatus or as a mechanism through which municipal
governments may evade responsibility to guarantee fundamental economic and social
rights;
(b)
The Government of Hungary should seek to adopt, without further delay,
measures to ensure the effective political participation of underrepresented minorities
including the Roma in Parliament as provided for in Hungary’s Constitution. Full and
effective participation in national and regional political structures, as well as Roma
representation within key government ministries, is considered essential to future efforts to
protect and promote the rights of Roma and other marginalized groups;
(c)
The Government of Hungary should ensure consultation with and the full
and effective participation of minorities including the Roma in all decisions that affect
them, and in the planning, design, implementation and evaluation of policies and
programmes in respect of minority issues;
(d)
The Government should take steps to clarify the relationship between local
minority self-governments and municipal “majority” governments to emphasize the
primary responsibility that rests with municipal majority governments for meeting the
social welfare needs of minority communities, including health care, education, housing
and social benefits;