A/HRC/4/9/Add.2
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(e)
In recognition of the extreme poverty faced by a disproportionate number of
the Roma population, a governmental institution should be established with responsibility
for coordinating the work of different ministries and institutions to ensure coherent and
coordinated approaches to poverty reduction, particularly with targeted efforts with
respect to the Roma minority.
90.
The Independent Expert considers that activities of the newly re-elected Government to
restructure its previous institutional focus on Roma issues, including dedicated departments in a
network of the most relevant ministries, in favour of a broad-based policy to address
disadvantaged groups, alongside widespread budgetary cuts and downsizing, will lead to an
erosion of the progress made to date on Roma issues. The problems faced by Roma require
urgent and focused attention, including affirmative action policies, for a considerable period.
The Government of Hungary should review and reverse its policy of
institutional reform and restructuring of government departments which is
diminishing the focus of attention on Roma issues in key ministries. Roma-targeted
policies should be continued and strengthened along with the recruitment of Roma
professionals into key government posts relating to Roma issues and policy. This is
highlighted as a previous best practice by the Independent Expert.
91.
A comprehensive anti-discrimination law and a newly established Equal Treatment
Authority to handle complaints were welcomed by the Independent Expert as valuable new
additions to Hungary’s legal standards and enforcement mechanisms. However, limitations in
the powers of the Parliamentary Commissioner for the National and Ethnic Minorities Rights
(Minority Ombudsman) and the Authority have circumscribed the impact that these mechanisms
have had to date. Further, in the absence of positive legislation placing specific responsibility for
implementation of law and policy on identified government bodies, judicial interventions with
regard to discrimination will go no further than a finding of violation. Without such positive
law, the courts have been reluctant to issue orders for compliance.
(a)
Amendments to existing legal provisions or new provisions should clarify the
responsibility of specifically identified government agencies to implement law and policies
relating to non-discrimination and equality. Such positive legislation would give licence to
the judiciary to elaborate directives (corrective remedies) for rectifying situations found to
be in violation of statutes or the Constitution.
(b)
The Equal Treatment Authority should be empowered to impose specific
corrective actions upon entities found in violation of the Equal Treatment Act, to impose
punitive damages and to vigorously champion the undertaking of affirmative action
programmes in all of the public and private sectors. Resources available to the Authority
should be increased to match the dimensions of the problems experienced in Hungary.
(c)
The Equal Treatment Authority should be fully independent from the
Government, and the role and powers of the Parliamentary Commissioner for the National
and Ethnic Minorities Rights (Minority Ombudsman) should be strengthened.