A/HRC/20/33/Add.1 interlocutors expressed concern about the way the process for the adoption of the new Constitution had been carried out, including the limited time frame established for its adoption, the lack of transparency and adequate consultation of the general public, and the limited opportunities for an adequate public debate. 12. The new Constitution2 contains provisions of particular relevance to the mandate of the Special Rapporteur, including article XV, which prescribes that “(1) Every person shall be equal before the law. Every human being shall have legal capacity. (2) Hungary shall ensure fundamental rights to every person without any discrimination on the grounds of race, colour, sex, disability, language, religion, political or other views, national or social origin, financial, birth or other circumstances whatsoever. […] (4) Hungary shall adopt special measures to promote the implementation of legal equality”. 13. The other relevant provisions concern the Hungarian ethnic and national minorities referred to as “Nationalities”. Article XXIX affirms that “(1) Nationalities living in Hungary shall be constituent parts of the State. Every Hungarian citizen belonging to any nationality shall have the right to freely express and preserve his or her identity. Nationalities living in Hungary shall have the right to use their native language and to the individual and collective use of names in their own languages, to promote their own cultures, and to be educated in their native languages. (2) Nationalities living in Hungary shall have the right to establish local and national self-governments. (3) The detailed rules for the rights of nationalities living in Hungary and the rules for the elections of their local and national self-governments shall be defined by a cardinal Act”. The Special Rapporteur notes with concern that the new Constitution no longer stipulates explicitly whether the rights recognized as belonging to minorities will be guaranteed and supported by the State. Furthermore, the Constitution no longer includes provisions regarding the collective participation of minorities in public affairs and their representation. Article 2 (2) of the Constitution under the Chapter entitled “State” only prescribes that “Nationalities living in Hungary shall contribute to Parliament’s work as defined by a cardinal Act”. Finally, while the new Constitution declares the right for minorities to use their native languages, article H only provides for the protection of the Hungarian language without referring to other languages.3 14. With regard to non-citizens, article XIV (3) states that “Hungary shall grant asylum to all non-Hungarian citizens as requested if they are being persecuted or have a wellfounded fear of persecution in their native countries or in the countries of their usual residence due to their racial or national identities, affiliation to a particular social group, or to their religious or political persuasions, unless they receive protection from their countries of origin or any other country”. The Special Rapporteur welcomes such provisions. However he is concerned that some human rights are granted to Hungarian citizens, but not to non-citizens including for instance the right to education (article XI (1)) and the enjoyment of social security (article XIX (1)). 2 3 6 Available from http://www.kormany.hu/download/2/ab/30000/Alap_angol.pdf Article H “(1) In Hungary the official language shall be Hungarian. (2) Hungary shall protect the Hungarian language. (3) Hungary shall protect Hungarian Sign Language as a part of Hungarian culture”.