A/HRC/4/9/Add.2
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11.
The 1993 Act includes the collective right to establish minority self-governments for
officially recognized minority groups, with the aim of ensuring a suitable framework for the
cultural autonomy of minorities. Since 1994, the election of members of national and local
minority self-governments has taken place every four years. The number of minority
self-governments operating at the local level on 1 November 2004 was 1,827, with a total
number of 7,772 elected representatives.
12.
The “national minority self-government” is the body which represents the minority at the
national level. Legislative and State administrative bodies are required to consult the national
minority self-government on issues that affect the minority, and they have the right of veto in
legislation concerning traditional historic minority settlements and monuments and core teaching
materials used in minority public education.
13.
The office of the Parliamentary Commissioner for National and Ethnic Minorities Rights
(Minority Ombudsman) was established in conformity with the provisions of the Constitution
and Act No. 59 of 1993. This independent institution is empowered to investigate complaints
regarding abuses of minority rights and to initiate general and individual measures to achieve
remedy. The Minority Ombudsman seeks to work in cooperation with the newly established
Equal Treatment Authority (see paragraph 14 below) and plays a critical role in enforcing the
ban on discrimination, despite important limitations to his powers. The private sphere and the
judiciary do not fall within the Minority Ombudsman’s jurisdiction, limiting possibilities to
consider complaints related to private sector employment and the criminal justice system.
14.
Act No. CXXV on Equal Treatment and the Promotion of Equal Opportunities was
adopted by Parliament on 22 December 2003 (entering into force at the end of January 2004),
inspired by Hungary’s obligations for European Union accession in May 2004, and has assisted
in filling a gap in Hungary’s legislative framework. The Act lists 19 factors that would
constitute discrimination either of a direct or indirect nature and is applicable to both public and
private institutions and organizations. Comprehensive anti-discrimination legislation was also a
primary recommendation of the Committee on the Elimination of Racial Discrimination
(CERD), in its consideration of the report submitted by Hungary at its sixty-first session in 2002.
15.
The 2003 Act requires all government institutions and other entities with over 50 per cent
State ownership and over 50 employees to adopt an Equal Chances Plan, although this
requirement does not extend to totally private enterprises and foreign-owned companies.
Reports have suggested lack of progress by government institutions in this regard, while local
authorities “can” adopt such programmes. These programmes seek to analyse the situation of
disadvantaged groups and establish steps to be taken to have a positive impact and to create
equal opportunities. The Act makes clear expectations that affirmative action programmes
should be implemented at all levels and explicitly changes the operative norm from “the banning
of negative discrimination” to “the requirement of equal opportunities”.
16.
The government body responsible for monitoring enforcement of this Act, the Equal
Treatment Authority (ETA), has functioned since early 2005 and had considered circa 900 cases
as at June 2006, some 30 per cent relating to Roma. Following a complaint this body is required
to complete its procedures within 75 days (45 if minors are affected), significantly reducing the
time taken to reach a finding in discrimination cases. Findings of violation of the Act can result
in a requirement to cease discriminatory treatment and/or the imposition of a financial penalty