A/HRC/20/33/Add.1 IV. Institutional human rights framework 20. During the mission the Special Rapporteur noted that significant changes have been made in government bodies responsible for issues related to the mandate. They include in particular the creation of the State Secretariat for Social Inclusion under the Ministry of Public Administration and Justice, which has the primary responsibility for Roma issues. The positive contribution of the Equal Treatment Authority, the administrative body created in 2005 in accordance with the above-mentioned Equal Treatment Act should also be highlighted. 21. The Authority is responsible for ensuring equality and equal treatment by monitoring the implementation of the Equal Treatment Act. It is competent to receive complaints and investigate matters in response to individual complaints, actio popularis submitted by NGOs and other stakeholders, or on its own initiative. The Authority may also impose fines. Its decisions are binding and may be made public. The Authority also gives opinions on draft legislation, makes proposals to the Government, and works closely with civil society actors. According to the report of the activity of the Authority in 2010, among the nearly 1,500 complaints, the Authority launched proceedings in 377 cases, in 40 of which it established that a violation of rights had occurred, and 244 cases were continuing in 2011. The Authority established that the vast majority of complaints received are related to employment and that there had been direct discrimination in 36 cases, harassment in 6 cases, and 1 case each of indirect negative discrimination, unlawful segregation and retribution.5 22. The Special Rapporteur welcomes the large number of complaints received by the Authority, which demonstrates its effectiveness. However he is surprised that among the nearly 1,500 complaints the Authority launched proceedings in only 377 cases. This may indicate a limited knowledge among the general public of the competence of the Authority and the concept of discrimination. 23. Furthermore while the Special Rapporteur takes note of the assurances provided by the authorities regarding the independence of the Authority,6 reports and information received before the mission expressed concern at the effective independence of the Authority, which operates under the direction of the Minister of Public Administration and Justice. The lack of adequate resources was also reported. 24. The Special Rapporteur is concerned that following the adoption of the new Constitution the Parliamentary Commissioners for Civil Rights, Future Generations, and the Rights of National and Ethnic Minorities were merged into a single institution, namely the Commissioner for Fundamental Rights. He deeply regrets the abolition of the Parliamentary Commissioner for the Rights of National and Ethnic Minorities, an independent body which was designated to address the rights of national and ethnic minorities. According to article 30 of the Constitution “(1) The Commissioner for Fundamental Rights shall protect fundamental rights and shall act at the request of any person. (2) The Commissioner for Fundamental Rights shall examine or cause to examine any abuses of fundamental rights of which he or she becomes aware, and shall propose general or special measures for their remedy. (3) The Commissioner for Fundamental Rights and his or her deputies shall be elected for six years by a two-thirds vote of the Members of Parliament. The deputies shall defend the interests of future generations and the rights of nationalities living in Hungary. The Commissioner for Fundamental Rights 5 6 8 Available from http://www.egyenlobanasmod.hu/data/2010report.pdf A/HRC/18/17, para. 82.