ISSUE PAPER HUNGARY: VIEWS OF SEVERAL SOURCES ON THE SITUATION OF ROMA

Transcription

1 ISSUE PAPER HUNGARY: VIEWS OF SEVERAL SOURCES ON THE SITUATION OF ROMA All the sources of information contained in this document are identified and are publicly available. RESEARCH DIRECTORATE IMMIGRATION AND REFUGEE BOARD OTTAWA, CANADA

2 2 September 2001

3 i This paper was prepared by the Research Directorate of the Immigration and Refugee Board on the basis of publicly available information, analysis and comment. All sources are cited. This paper is not, and does not purport to be, either exhaustive with regard to conditions in the country surveyed or conclusive as to the merit of any particular claim to refugee status or asylum. For further information on current developments, please contact the Research Directorate. Research completed 25 May 2001 Additional research completed 13 September 2001

4 ii Table of Contents MAP... iv GLOSSARY... vi 1. INTRODUCTION ETHNIC AND SOCIAL STRUCTURE OF THE ROMA MINORITY ATTITUDE OF THE POPULATION OVERVIEW OF GOVERNMENT POLICIES AND THEIR RESULTS Publicization of Government Programmes Control of Spending and Results of Government Programmes The Medium-Term Programme and the Long-Term Strategy SKINHEAD ATTACKS THE ROMA AND THE POLICE Treatment of Roma by the Police Discrimination Police Initiatives THE JUDICIAL SYSTEM AND LEGAL REPRESENTATION THE SYSTEM OF MINORITY SELF-GOVERNMENTS Elections Relations Between Minority Self-Governments and Other State Bodies Relations Between Minority Self-Governments and Local Governments Relations Between the National Roma Self-Government and the Roma Local Self- Governments Funding and Services Provided by the Roma Minority Self-Governments EDUCATION Overview Government Programmes The Complementary Normative Subsidy Scholarships Segregation and Special Schools/Classes Non-Government Programmes Hostels Extra-Curricular Activities (Tutoring) EMPLOYMENT Unemployment Government Initiatives Public Works...30

5 iii 10.3 Private and Non-Governmental Initiatives Discrimination HEALTH ISSUES SOCIAL ISSUES Housing Squatters Infrastructures Social Assistance Children NON-GOVERNMENTAL ORGANIZATIONS Roma Community Houses...36 NOTES ON SELECTED SOURCES...38 REFERENCES...44

6 iv MAP Source: Merriam - Webster's Atlas Hungary. < [Accessed 17 Sept. 2001]

7 v

8 vi GLOSSARY BECMIR: IOM: MSzP: NEKH: NEKI: NRSG: PHARE: UNHCR: Bureau for European Comparative Minority Research International Organization for Migration Hungarian Socialist Party (Magyar Szocialista Part, opposition) Office for National and Ethnic Minorities Legal Defence Bureau for National and Ethnic Minorities National Roma Self-Government (Poland and Hungary Action for the Restructuring of the Economy): The PHARE Programme is the European Union's initiative which provides grant finance to support its partner countries to the stage where they are ready to assume the obligations of membership of the European Union. United Nations High Commissioner for Refugees

9 1. INTRODUCTION From 15 May 2001 to 25 May 2001, the Research Directorate undertook a field mission to Hungary during which 30 interviews were conducted with a selection of Hungarian ministerial officials, representatives from local governments, Roma national and local self-governments, foreign governments, international governmental and non-governmental organizations, Roma and non-roma non-governmental organizations, and experts. For some of them, clarifications and further information were received subsequently through correspondence. Dates in the parenthetical references distinguish the sources of information. This paper updates and should be read in conjunction with several IRB publications, including the May 2001 Issue Paper Hungary: Government Actions to Improve the Situation of Roma in , HUN36432.E of 11 January 2001, HUN35936.E of 17 November 2000, HUN35685.E of 6 October 2000, HUN34766.E of 8 September 2000, HUN34791.E of 28 August 2000 and HUN33946.EX of 28 February 2000, as well as information provided in 1998 and 1999, all available in the IRB Regional Documentation Centres and on the IRB Website at < The opinions expressed in this paper are those of the specialists and do not necessarily reflect the views of the IRB or the Research Directorate. 2. ETHNIC AND SOCIAL STRUCTURE OF THE ROMA MINORITY Although non-roma Hungarians regard the Roma as a homogeneous minority (Osztojkan 15 May 2001; Eros 21 May 2001), the Roma are characterized by an ethnic and social variety (Szabados 21 May 2001); for example with respect to level of education and living conditions (Kallai 24 May 2001). Despite this variety, Bela Osztojkan, a Roma writer, founder of the non-governmental organization Phralipe and vice-president of the National Roma Self-Government (NRSG), is unaware of any tensions among Roma groups and adds that mixed marriages between Roma groups do occur (15 May 2001). There are four main groups within the Roma minority in Hungary, namely the Hungarian Roma or Romungro, the Vlach Roma, the Beas Roma and the Sinti (Balogh 21 May 2001). The Romungro, who are considered to be the least disadvantaged of Roma groups (Kallai 24 May 2001), can be divided into two main sub-groups, namely the musicians and the craftsmen who used to work in the

10 2 construction industry, but are now unemployed (Balogh 21 May 2001). They tend to value education and consider a high school diploma necessary (Torzsok 24 May 2001). Beas Roma number between 25,000 and 30,000 and comprise wood workers, musicians and craftsmen (Balogh 21 May 2001). The Sinti arrived in Hungary from Germany and France after World War II (ibid.). According to the estimate of Janos Balogh, the chair of the Association of Roma Culture and Traditions Amalipe, their current population ranges from 5,000 to 6,000 (ibid.). Most of them assimilated and a few of them work at fun fairs (ibid.). For more information about Roma's ethnic diversity, please read section 1.3 Language, Identity and Culture of the March 1998 IRB Issue Paper Roma in Hungary available at the IRB Regional Documentation Centres and on the IRB Website < There used to be a small Roma middle class mainly composed of musicians and construction businessmen, but its size has dwindled over time (Blanka 24 May 2001). According to Kozma Blanka, the chair of the Association of Roma Women in Public Life and a member of the Roma local selfgovernment of Budapest's 5 th district, there remain between 30 and 50 families of Roma musicians across the country (ibid.). She also refers to a few Roma businessmen who thrive through political connections and their capacity to mobilize the loyalty of Roma voters in favour of these political connections (ibid.). The Roma minority has a small "intelligentsia" (Gesko 23 May 2001) which, according to Erno Kallai, a sociologist of the University of Miskolc (Borsod-Abauj-Zemplen county, northern Hungary) with a research interest in Hungarian Roma, is vulnerable to bribery and blackmail because of its poor financial situation (24 May 2001). Argentina Szabados, Chief of Mission of the IOM office in Budapest adds that the Roma minority in Hungary does not have a unified leadership (21 May 2001). Janos Balogh claims that non-roma Hungarians fear a large Roma intelligentsia (21 May 2001). A small number of Roma women are involved in public life to defend the interests of Roma women (Blanka 24 May 2001). To explain this situation, Kozma Blanka claims that Roma women do not have the necessary training for this type of involvement (ibid.). In this regard, the Association of Roma Women in Public Life tries to identify talented Roma women and encourage them to become involved in public life (ibid.).

11 3 3. ATTITUDE OF THE POPULATION Judit Berki, the president of Batonyterenye (Nograd county, northern Hungary) Roma Local Self-Government and the chair of County Roma Association, claims that Hungary is not experiencing a Roma/non-Roma conflict, but a social conflict (23 May 2001). Compared with the situation under socialism, Erika Torszok, the director of the Budapest-based Bureau for European Comparative Minority Research (BECMIR) and the co-editor of the 2000 report A Roma's Life in Hungary, claims that anti-roma sentiments are stronger these days, saying for example that nobody would have heard parents complain about their children sitting beside a Roma child before the post-communist transition (24 May 2001). Every year, the Budapest-based Tarki Social Research Centre conducts a large-scale opinion poll among Hungarian households, which addresses among other things, minority issues (Eros 21 May 2001). Quoting results of this poll, Ferenc Eros, a psychologist and a member of the Institute of Psychology of the Hungarian Academy of Sciences, indicates that anti-roma prejudice is more prevalent than anti-semitism in Hungary (ibid.). Elaborating on the extent of anti-roma prejudice, Judit Berki argues that it exists in education, in employment, in housing, in social policy and in politics (23 May 2001). According to Ferenc Eros, non-roma Hungarians hold that a lack of intelligence and criminal behaviour are hereditary characteristics of the Roma population (21 May 2001). These perceptions lead Hungary's population to believe that Roma along with immigrants from Russia, Ukraine and Romania commit more crimes, especially thefts, than ethnic Hungarians (ibid.; Miklosi 23 May 2001). According to Burrat Husam, a lawyer working with the Siklosnagyfalu (Baranya county, southern Hungary) Roma Local Self-Government, Roma are seen as the main cause of Hungary's postcommunist economic problems (22 May 2001). According to Ferenc Eros, the emigration in July 2000 of a group of Roma from Zamoly (Fejer county, central Hungary) to France has "shocked" non-roma Hungarians (21 May 2001) and caused, according to Jeno Kaltenbach, the parliamentary commissioner for National and Ethnic Minorities, also known as the Minorities Ombudsman, an increase in the negative atttitude towards a minority who "betrayed" Hungary (15 May 2001) 1. The most negative attitude has been observed in Budapest and its 1 For more information on this incident, please see "The Exodus of the Zamoly Roma" published in the 15 March 2001 issue of The Budapest Sun and available online at

12 4 surroundings, in particular Pest county, coinciding with a stronger support for the far right than elsewhere in Hungary (ibid.). Marton Varnai, founder of the Ethnic Forum of Pecs, claims that Hungarian media tend to echo stereotypes of Roma (22 May 2001). A study of the Hungarian press conducted between July and September 2000 shows that 10 per cent of the articles were openly anti-roma (Kovats 21 May 2001). Sandor Gesko, a lawyer who is also the director of the Mediator Consulting & Training Office based in Nograd county (northern Hungary), contends that the government and non-roma Hungarians do not like Roma (23 May 2001). Ferenc Eros and Sandor Gesko add that there is no stigma associated with being anti-roma in Hungary (21 May 2001; 23 May 2001). According to Anna Csongor, the chair of the Autonomia Foundation or Hungarian Foundation for Self-Reliance, everyone wearing uniforms, such as police officers and railway workers, feels justified in speaking rudely to Roma (25 May 2001). According to Aladar Horvath, the chair of the Roma Civil Rights Foundation and of the Gandhi Public Foundation, Hungarian politicians consider the Roma as "aliens" or "half-animals" and tend to dehumanize them (23 May 2001). Jeno Kaltenbach claims that mainstream political parties always fear that they may lose votes if they are too pro-roma (15 May 2001). Erika Torzsok is unaware of any call from the government to help the Roma or sympathize with them (24 May 2001). Eva Orsos, co-chair of the Budapest-based European Roma Rights Center (ERRC) Board of Directors, holds the government responsible for the constant increase in prejudice against the Roma (15 May 2001). Erno Kallai makes reference to anti-roma statements made on the radio and on TV by high-level politicians (24 May 2001), including the Prime Minister (15 May 2001). According to Aladar Horvath, the government holds that the Roma will never become Hungarian despite their past efforts to assimilate (23 May 2001). According to Jozsef Gal, the vice-president of the National Roma Self-Government (NRSG), no Roma is "persecuted" in Hungary because of his or her ethnic origin (23 May 2001). According to Erno Kallai, segregation exists in every sector of society (24 May 2001). Aladar Horvath considers this phenomenon to be fueled by the government's discourse and to be the cause of Roma's poverty (23 May 2001). < m=news> [Accessed 15 March 2001]

13 5 While Erno Kallai notes the absence of "legal" discrimination against Roma in Hungary (24 May 2001), several sources point to everyday discrimination in every sector of society (ibid.; Csongor 25 May 2001; Furmann 21 May 2001). For example, Roma may face discrimination when buying tickets, looking for training opportunities (Csongor 25 May 2001), in bars (ibid., Kovacs Kosane 15 May 2001), or during graduation ceremonies (Kallai 24 May 2001). Gabor Miklosi, a journalist with the Budapest-based Roma Press Centre, indicates that there are municipalities where the Roma community have peaceful relations with other communities (23 May 2001). According to Mr. Miklosi, the key factor is the role of the local authorities, in particular the police (ibid.). 4. OVERVIEW OF GOVERNMENT POLICIES AND THEIR RESULTS According to Imre Furmann, the founder and the executive director of the Legal Defence Bureau for National and Ethnic Minorities (NEKI) which aims to protect the rights of national and ethnic minorities living in Hungary, a discrepancy exists between the laws adopted and the decrees outlining their implementation (21 May 2001). Judit Berki adds that there is also a lack of harmony between new and existing laws and regulations (23 May 2001). There are two types of government programmes: the programmes funded jointly by the government and the European Union through the Poland and Hungary Action for the Restructuring of the Economy (PHARE), and the programmes funded solely by the government (Kovacs Kosane 15 May 2001). In the former case, the European Union is "significantly" involved in the development and the implementation of the programmes (ibid.). From a different perspective, Antal Heizer, the vicepresident in charge of Roma affairs of the Office for National and Ethnic Minorities (NEKH), identifies three levels of government programmes: the one-year action plans of ministries, the medium-term programme and the long-term strategy (24 May 2001). There are a variety of opinions about government programmes. Existing programmes are considered to be "inadequate" (Szikinger 24 May 2001), underfunded given the complexity of the Roma situation (Furmann 21 May 2001), superficial (Horvath 23 May 2001; Kallai 24 May 2001) or with "good intentions" (Horvath 23 May 2001; Furmann 21 May 2001). According to Imre Furmann, the current level of spending will not bring the Roma to half the living standards of the rest of Hungary's population (ibid.). He adds that the government has decided not to address certain aspects of the

14 6 problem, which will worsen and therefore will make the solution more difficult and costly (ibid.).the government allegedly turns its Roma-targeting programmes into a "show" (Horvath 23 May 2001; Furmann 21 May 2001), which aggravates anti-roma feelings (Horvath 23 May 2001). According to Aladar Horvath, when it distributes funding, the government takes into account the loyality shown by applicants to its actions (ibid.). A variety of factors are advanced to explain the government's policies. Although Zoltan Pecze, the head of the Department of Human Rights and Minority Law of the Ministry of Foreign Affairs, claims that the government policy towards the Roma is a priority (24 May 2001), Jeno Kaltenbach contends that the Roma issue is not a priority for the government, and that it therefore allocates left-over funds to programmes targeting Roma (15 May 2001). In addition, the government reportedly lacks a clear picture of the problems which the Roma experience (ibid.). According to Szilvia Lakatos Laboda, a professor of Romanes at the Romology Department of the University of Pecs (Baranya county, southern Hungary) and president of the Catholic or Khetamipe Association, programmes targeting Roma fuel negative sentiment towards Roma among other Hungarians (22 May 2001). Aladar Horvath adds that this negative sentiment limits the amount that the government can spend on these programmes, as society perceives no changes in the situation of Roma despite the funds spent (23 May 2001). Spending more in this regard would result in a loss of votes in the next election (Horvath 23 May 2001; Gesko 23 May 2001) or protest (Eva Orsos 21 May 2001). Imre Furmann and Sandor Gesko believe that the situation of Roma cannot be improved within a four-year term of office (21 May 2001; 23 May 2001). 4.1 Publicization of Government Programmes According to Magda Kovacs Kosane, a Hungarian Socialist Party (MSzP, opposition) member of parliament and the president of the Parliamentary Committee on Human Rights and Religious and Minority Affairs, there is a lack of information about government programmes (15 May 2001). Jeno Kaltenbach adds that the public knows more about programmes of non-governmental organizations than about government programmes (15 May 2001). Bela Osztojkan claims that foreign governments know more about government programmes than the Hungarian public (15 May 2001). For example, the Parliamentary Committee on Human Rights and Religious and Minority Affairs is unable to obtain any information on the medium-term programme (Kovacs Kosane 15 May 2001). Mr. Kaltenbach notes

15 7 that the government needs to change the way it publicizes its programmes, in particular its effort to arouse support for them (Kaltenbach 15 May 2001). Anna Csongor makes reference to an initiative of the NEKH, which received PHARE assistance to develop an information technology network among villages to make sure they have access to information about government programmes, in particular the ones related to training (25 May 2001). 4.2 Control of Spending and Results of Government Programmes Non-governmental organizations and Roma self-governments denounce a lack of control over the realization of Roma-targeting programmes (Kaltenbach 15 May 2001). According to Magda Kovacs Kosane, given that these programmes are not identified as such in the state budget and that Act LXIII of 1992 on Protection of Personal Data and Disclosure of Data of Public Interest 2 and Act LXXVII of 1993 on the Rights of National and Ethnic Minorities 3 prevent the registration of ethnic identity, it is difficult to know the amounts specifically allocated to these programmes (15 May 2001). Unaware of updated statistics on funds allocated to Roma-targeting programmes or of any mechanism that the government can use to monitor the allocated funds, Jeno Kaltenbach claims that the government uses Act LXIII to justify why it does not compile any statistics on these programmes, despite criticism voiced by the European Union (15 May 2001). However, Ron Korver, the Roma programme manager of the European Commission delegation to Hungary, notes that there is no consistency in the way ministries report the allocation of funds to Roma-targeting programmes (7 Aug. 2001). Despite the lack of statistics, Magda Kovacs Kosane contends that a relatively small percentage of government funds originally earmarked for Roma actually reaches Roma (15 May 2001). Erno Kallai observes that there are many references to funds, but no references to concrete results (24 May 2001). According to Aladar Horvath, the success of programmes at the local level depends on the attitude of local governments, on how organized Roma communities are, and on the level of support and legitimacy that Roma leaders enjoyed in Roma communities (Horvath 23 May 2001). 2 An English translation of the law is available on the Webpage of the Parliamentary Commissioner for Data Protection and Freedom of Information at < 3 An English translation of the law is available on the Webpage of the Parliamentary Commissioner for National and Ethnic Minorities Rights at < According to Andras Kadar, ethnic identity is "classified as highly sensitive personal datum" and can be collected only "in an anonymous and voluntary manner for scientific purposes" (7 Aug. 2001).

16 8 4.3 The Medium-Term Programme and the Long-Term Strategy The realization of the medium-term programme is still underway (Bathory 24 May 2001), and its deadlines have been extended (Cahn 25 May 2001). In 2001, HUF9.4 billion (CAN$52.8 million) 4 were expected to be allocated for the medium-term plan (Hende 15 May 2001). Although the allocations have been increased, Claude Cahn, the Research and Publications Director of the ERRC notes a lack of clarity and transparency in the spending of the funds (25 May 2001). According to Janos Bathory, the chair of NEKH, responsibilities should be more defined, measures more detailed, and reports more frequent (every six months) (24 May 2001). Mr. Bathory further notes that the setting of deadlines for completion of tasks is made difficult because some ministries work without deadlines (ibid.). The Interdepartmental Committee for Roma Issues is in charge of realizing the medium-term programme (Hende 15 May 2001). It comprises deputy ministers from ten ministries, the parliamentary commissioner for Ethnic and Minority Rights, the president of the National Roma Self-Government, a representative of the Gandhi Foundation, a representative of the European Union and representatives of non-governmental organizations (Hende 15 May 2001; Bathory 24 May 2001). At the ministerial level, the Committee meets four times a year to discuss progress (ibid.). All meetings are public and followed by a press conference (ibid.). Every ministry also has a director-general sitting on the Sub-Committee on the Long-Term Strategy which is working on a plan covering 20 years (Heizer 24 May 2001). The results of their work is expected to be submitted to Csaba Hende, the political state secretary of the Justice Ministry, who will present a report to the government (ibid.). Once the government has approved it, the Academy of Sciences will be mandated to organize a six-month consultation (ibid.). The objective of the government is to achieve an all-party support when the strategy is sent to parliament (ibid.). According to Antal Heizer, education is a priority of the long-term strategy (ibid.). The funding of the long-term strategy will include PHARE assistance (ibid.). 4 All currency conversions indicated in this paper are based on the 14 August 2001 rate with 1 Canadian dollar equal to 178 Hungarian forints (HUF) (Bank of Canada n.d.).

17 9 5. SKINHEAD ATTACKS Several sources are unaware of any skinhead attacks on Roma in the last several years (Hende 15 May 2001; Csanyi 15 May 2001; Sarkany 15 May 2001; Miklosi 23 May 2001; Gal 24 May 2001). While Csaba Hende claims that there are no organized groups of skinheads in Hungary (15 May 2001), Klara Csanyi holds that there are marginal groups of skinheads (15 May 2001). Other sources claim that the skinhead movement no longer attracts the authorities' attention (Furmann 21 May 2001) nor constitutes a serious problem (Kaltenbach 15 May 2001; Pardavi 23 May 2001; Kadar 23 May 2001; Gesko 23 May 2001). Two sources contend that the existing skinhead groups do not have a fascist background as "skinhead" has become a fashion statement without any political or ideological dimension (Csanyi 15 May 2001; Sarkany 15 May 2001). According to Bela Osztojkan, there are still skinhead groups, although they do not dress like skinheads or shave their heads (15 May 2001). He also claimed that some skinheads may have joined the ranks of local governments, "legitimate" political parties, or special units of the police force (ibid.). According to Klara Csanyi, the interior ministry commissioner for the Roma-Interior Ministry Consultative Group, the founders of skinhead groups left the country, but are now returning (15 May 2001). Two sources make reference to "soccer hooliganism" which may involve acts of violence among soccer supporters (Csanyi 15 May 2001; Sarkany 15 May 2001). This phenomenon does not have any political or racial dimension, although some participants are dressed like skinheads (Csanyi 15 May 2001; Sarkany 15 May 2001). In light of this problem, the police have reinforced security at and around stadiums before, during and after games (Csanyi 15 May 2001; Sarkany 15 May 2001). 6. THE ROMA AND THE POLICE 6.1 Treatment of Roma by the Police While Istvan Szikinger, a lawyer who teaches at the Police Academy and who is also involved in the Institute of Law Enforcement Management Training and Research, claims that racism is systemic within the police forces (24 May 2001), the national police chief reportedly holds that racism exists in the police in the same way as it exists in society (Kovacs Kosane 15 May 2001). An undated survey of police officers shows that 10 per cent of police officers are racist, 17 per cent are biased against Roma

18 10 and more than 50 per cent think that criminality is "a way of life" for Roma (Szikinger 24 May 2001). Referring to "negative attitudes" towards Roma, Jeno Kaltenbach notes an increase within the police ranks similar to the one in the general population (15 May 2001). Gabor Miklosi notes that the highly anti-roma atmosphere in the Police Academy is transmitted to newcomers (23 May 2001). Victims of illegal acts by police officers can report them to the police or to the Office of the Public Prosecutor, which is independent from the police (Csanyi 15 May 2001). In the former case, the gravity of the allegations determines whether further steps have to be taken at the local level or at a higher level (ibid.). For example, the chief of a police precinct may decide to reprimand the police officer(s) at fault (ibid.). If the case has been reported to the Office of the Public Prosecutor, an investigation is automatically opened (ibid.). However, Istvan Szikinger notes that the Investigative Body of the Office of the Public Prosecutor may investigate only criminal law offences such as assault, torture, and unlawful detention (24 May 2001). An allegation that a police officer refused to execute an order by a superior may be investigated by the military prosecutor's office only (ibid.). Cases falling under the criminal law can also be reported to the Supervision and Control Department of the Ministry of Interior in charge of supervising the police, or to the parliamentary commissioner for ethnic and minority rights who does not conduct these kinds of investigations, but directs cases to the Ministry of Interior or the Office of the Public Prosecutor (Csanyi 15 May 2001) 5. However, Istvan Szikinger claims that the government does not make any "serious" efforts to prevent the abuse of power by police officers and to address systemic racism in police ranks (24 May 2001). According to Jeno Kaltenbach, relations between police and Roma have improved in general (15 May 2001). For example, in Komlo (Baranya county, southern Hungary), the mayor and the president of the Roma local self-government are both unaware of conflicts between the Roma community and the police (Pava 22 May 2001; Kiss 22 May 2001). However, specific cases of police mistreatment are believed to be on the increase (Kaltenbach 15 May 2001; Kovacs Kosane 15 May 2001) or frequent (Miklosi 23 May 2001), although the police report a small number of such cases (Kovacs Kosane 15 May 2001). While Marta Pardavi, a lawyer and programme director with the Hungarian Helsinki Committee, makes reference to cases of ill-treatment and unlawful detention (23 May 2001), Sandor Gesko and Jozsef Gal stress that violent acts by police officers on Roma occur, but 5 For more information on the role of the Ombudsman, please see Paragraph Ombudsman's Office of the February 1999 IRB paper Roma in Hungary: Views of Several Specialists available in the IRB Regional Documentation Centres and on the IRB Website at <

19 11 are not systematic (23 May 2001; 24 May 2001). Mr. Gesko notes that sometimes, such acts are legal, but "culturally unacceptable" to Roma, for example intimidations of parents in front of their children (23 May 2001). Istvan Szikinger claims relations between the police and Roma communities are affected by the "inhuman" methods that police officers use to obtain information from Roma (24 May 2001). In some cases, Mr. Gesko claims that police officers are urged, even harassed by locals to "do something about Roma" (23 May 2001). According to the Office of the Public Prosecutor of Hungary, the increase in cases of police mistreatment is reflected in the number of these cases brought to courts (Kovacs Kosane 15 May 2001). However, according to Magda Kovacs Kosane, statistics compiled by the Office of the Public Prosecutor of Hungary are eight to ten times higher than the figures supplied by the police (ibid.). Istvan Szikinger, a defense lawyer in Budapest, notes that he receives five to six persons per week who report "police beatings," but do not have any witnesses or evidence (24 May 2001). In total, Magda Kovacs Kosane estimates the number of police officers found guilty of the abuse of force at fewer than ten (15 May 2001). According to Andras Kadar, a lawyer and a programme coordinator with the Hungarian Helsinki Committee, courts tend to be very lenient on police (23 May 2001). According to Ferenc Koszeg, the chair of the Hungarian Helsinki Committee, the Investigative Body of the Office of the Public Prosecutor of Hungary has received 1,300 reports of police abuse of power (23 May 2001). Between 70 and 75 per cent of the investigations conducted by the Office of the Public Prosecutor into these reports end with no results (ibid.). Imre Furmann adds that only 15 to 20 per cent of complaints about police officers could be brought before a judge (21 May 2001). According to Imre Furmann, an investigation into police brutality requires the cooperation of police chiefs (21 May 2001). Isvtan Szikinger makes reference to cases of complaints against police officers in which the police chief conducting the investigation interviewed the involved police officers and accepted their versions of the incident, although the law specifies that all parties have to be heard (24 May 2001). Marta Pardavi holds that chances of Roma obtaining remedy in cases involving police officers are "very slight" (23 May 2001). Two sources claim that the Roma are reluctant to report incidents fearing police retribution (Miklosi 23 May 2001) or because they assume that nobody will believe them (Eva Orsos 15 May 2001). Eva Orsos adds that Roma tend not to talk about such incidents and sometimes deny they ever occurred (15 May 2001).

20 12 Referring to a 9 February 2001 incident in Bag (Pest county, central Hungary) between the local police and some Roma 6, Csaba Hende states that an investigation into police actions is underway while stressing that the operation led to the arrest of five Roma wanted by the police (15 May 2001). According to Jeno Kaltenbach, the Investigative Body of the Public Prosecutor's Office has charged several police officers with different crimes in the ongoing investigation (15 May 2001). Sources are aware of several cases of police officers turning away complaints that Roma try to lodge (Miklosi 23 May 2001; Furmann 21 May 2001), although most of them are not publicized (Miklosi 23 May 2001). For example, on 5 May 2001, a man shot at five young Roma men following a car pursuit near Soltvadkert (Bacs-Kiskun county, southern Hungary) (Roma Press Center 21 May 2001). Although a policeman witnessed the incident, he did not intervene (ibid.). The Roma victims tried several times to file a complaint at different police stations, but their complaint was rejected every time (ibid.). Following visits to a legal defense association, the Roma Press Center and a television station, the Roma unsuccessfully tried another time to file a complaint while filming with a hidden camera (ibid.). After viewing the footage, the police decided to investigate the authenticity of the recording and the policeman's attitude (Miklosi 23 May 2001). As of 23 May 2001, complaints were lodged against the aggressor and the police station where the Roma's complaint was rejected (ibid.) Discrimination Every year, the police are required to file a report on officially lodged complaints of discriminatory treatment by police officers (Csanyi 15 May 2001). In cases of ethnic discrimination, the report mentions the ethnic identity of the claimants (ibid.). Klara Csanyi makes reference to joint efforts of the National Roma Self-Government and the Ministry of Interior to fight discrimination in the police ranks (15 May 2001). However, according to Imre Furmann, the Ministry of Interior has not looked into reported cases of ethnic discrimination by police officers and therefore has no specific plans to address this issue (21 May 2001), despite an effort by non-governmental organizations and the press to publicize these cases (Csanyi 15 May 2001). 6 For more information on this incident, please see section 4.1 of the May 2001 IRB Issue Paper Hungary: Government Actions to Improve the Situation of Roma in available in the IRB Regional Documentation Centres and on the IRB Website at <

21 13 According to Imre Furmann, in small villages, police officers tend to ask Roma for identification more often than they ask non-roma (21 May 2001). Should an individual refuse to produce identification, police officers would file a report (ibid.) or issue a fine (Pava 22 May 2001). Imre Furmann speculates that this may be the result of orders from police chiefs or of the training that police officers receive (21 May 2001). 6.2 Police Initiatives There are two different types of initiative: one aimed at recruiting more Roma police officers and the other targeting anti-roma prejudice in the police forces (Miklosi 23 May 2001). While Istvan Szikinger estimates the number of Roma police officers at less than one per cent of the police forces (24 May 2001), Jeno Kaltenbach states that there are no statistics on this number (15 May 2001). However, Mr. Kaltenbach acknowledges that there are not enough Roma police officers (ibid.). A person wishing to become a police officer has two options: the Police Academy or vocational training school (ibid.). To be admitted into the academy, candidates have to pass physical, written and oral tests (ibid.). The training school option consists of a three-year programme which enables students to become rank-and-file police officers (ibid.). Police vocational training schools are found in almost every region or municipality in Hungary (Sarkany 15 May 2001). Eligible students must have completed high school (ibid.). According to Istvan Sarkany, the deputy director of Budapest Police Academy, there is no way of knowing how many Roma participate in police training because of the law preventing the registration of ethnic identity (15 May 2001). However, in addition to several types of scholarships based on merit and not on ethnicity available to students interested in becoming police officers (ibid.), the Ministry of Interior has scholarships and a recruitment programme for Roma interested in becoming police officers (Hende 15 May 2001). Csaba Hende states that the interest among Roma in becoming police officers is quite low (ibid.). Gabor Miklosi makes a reference to a programme aimed at increasing the number of Roma police officers which is based on cooperation between the Police Academy and the NRSG (23 May 2001). The NRSG advertises this programme through Roma local self-governments and selects young Roma interested in joining the police forces and has them participate in a one-year training programme to prepare them to take the academy admission test (ibid.). For the full text of a 2000 directive issued by the national police chief regarding a support system for Roma secondary school

22 14 students interested in becoming police officers, please refer to HUN37889 of 24 September However, these efforts have produced little success, one reason being, according to Mr. Miklosi, that the Roma feel distrust towards the police (ibid.). Istvan Szikinger adds that Roma police officers are usually considered as "traitors" by the Roma community since they may adopt the same views towards Roma as their fellow officers (24 May 2001). However, Csaba Hende mentions that on 15 May 2001, a Roma police officer received an award at a ceremony organized by the Public Foundation for Roma (15 May 2001). On 13 July 1999, the Interior Ministry, the National Police Headquarters (NPH) and the NRSG held the first meeting of the Joint Committee on Roma Matters (Horvath 13 Sept. 2001). The Committee meets four times a year and more if necessary to discuss every question relating to the Roma minority (ibid.). More specifically, the current agenda includes the following points: the cooperation agreement between the NPH and the NRSG, the development of the course "History of the Roma Society and Roma Culture," assistance to the Roma victims of the Tisza river flood, the Medium-Term Programme and complaints from Roma about discriminatory police actions (ibid.). A course on Romology is part of the police training in training schools and in the Police Academy (Hende 15 May 2001). At the Police Academy, the course on romology is compulsory in every specialization (Sarkany 15 May 2001), although there are few classes (Miklosi 23 May 2001). This course, which includes testing, is given by staff of the academy or by some lecturers from the National Roma Self-Government (Sarkany 15 May 2001). 7. THE JUDICIAL SYSTEM AND LEGAL REPRESENTATION The criminal procedures in Hungary are defined by a law passed in 1973 (Sarkany 15 May 2001). These procedures state that an investigation must be initiated by an investigative body if the allegations are founded or supported by evidence (ibid.). Lack of resources, ethnicity and the importance of the case have no bearing on the decision to open an investigation (ibid.). The investigation is conducted by observing the rights of both the victim(s) and the alleged perpetrator(s) (ibid.). Since September 1996, the Criminal Code contains a provision on violence against a member of an ethnic minority, which carries a "severe" punishment (Furmann 21 May 2001) 7. However, according 7 Section 174/B Violence Against a Member of a National, Ethnic, Racial or Religious Group provides for an imprisonment term of up to eight years (Hungary n.d.).

23 15 to Imre Furmann and Burrat Husam, investigators are reluctant to use this provision and therefore courts have rendered few decisions based on it (21 May 2001; 22 May 2001). Instead, investigators bring charges based on "general" provisions (Furmann 21 May 2001). Imre Furmann believes this is due to the lack of specialized knowledge on the use of this provision (ibid.). However, the actions of the Legal Defence Bureau for National and Ethnic Minorities (NEKI) and other legal defense offices are gradually changing the attitude of investigators and courts towards this provision (ibid.). Mr. Imre Furmann did not expand on this change of attitude. The NEKI provides legal representation in cases involving racial or ethnic discrimination after determining that their solution may influence court practices or police work (ibid.). To do so, the NEKI relies on five full-time lawyers in Budapest, on representatives in four counties in eastern Hungary and also on between 100 and 120 lawyers across the country with whom the bureau collaborates on a case-by-case basis (ibid.). In 2000, the NEKI received 169 complaints among which one-third involved discrimination (ibid.). In 98 per cent of the cases, the victim of discrimination was Roma (ibid.). Its funding, though not constant, comes from the Soros Foundation, the Ford Foundation and the statefunded Public Foundation for Roma which grants HUF1.5 million a year (CAN$8,426) (ibid.). There are other organizations which offer legal assistance such as the Association of Roma Women in Public Life (Blanka 24 May 2001), and the Ethnic Forum in Pecs (Varnai 22 May 2001). Gabor Miklosi makes reference to the problem of excessively long pre-trial detentions (23 May 2001). The 1994 Police Act allows detention on mere suspicion, which contravenes Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms requiring "reasonable" suspicion to detain a suspect (Szikinger 24 May 2001). Burrat Husam notes that the police can imprison someone for 72 hours, although he knows of cases where the detention was longer (22 May 2001). Istvan Szikinger also makes reference to a 12-hour detention for "public security" (24 May 2001). 8. THE SYSTEM OF MINORITY SELF-GOVERNMENTS There are approximately 700 Roma local self-governments (Eva Orsos 21 May 2001; Berki 23 May 2001) in which approximately 3,000 members are involved (Eva Orsos 21 May 2001). Claude Cahn estimates the number of Roma involved in Hungary's political life at a few thousand, a figure which he deems too low (25 May 2001). According to Peter Balogh, president of a Roma local self-

24 16 government in Baranya county (southern Hungary), more minority self-governments are needed (22 May 2001). The example of Zala county (western Hungary) aims to contextualize the above-mentioned figures. According to Laszlo Teleki, the president of Nagykanizsa Roma Local Self-Government and the vice-president of the National Roma Self-Government, there are 28 Roma local self-governments in the county (24 May 2001), which has in total 257 settlements and 9 cities (Department of Cartography n.d.). 8.1 Elections Anyone, regardless of ethnicity, aged 18 or over without a criminal record can run for minority self-government (Balogh 21 May 2001). The elections of minority self-governments take place at the same time as national elections (ibid.) or municipal elections (Pecze 24 May 2001) and are divided into two stages (Heizer 24 May 2001) as stipulated in the minority act (Eva Orsos 21 May 2001). In the first round, every Hungarian citizen, regardless of ethnicity (Heizer 24 May 2001; Eva Orsos 21 May 2001; Balogh 21 May 2001), participates in the election of three or five representatives to minority selfgovernments (Heizer 24 May 2001; Eva Orsos 21 May 2001). Three members are elected in constituencies with fewer than 1,000 inhabitants and five members in constituencies with 1,000 and more (ibid.). Presidents of the local minority self-governments are elected by elected members (Balogh 21 May 2001). Antal Heizer is aware of five or six cases of local Roma self-government members who are only half Roma (24 May 2001). The second round consists of the vote for the National Roma Self-Government (Heizer 24 May 2001). The NRSG has 53 members (Eva Orsos 21 May 2001; Teleki 24 May 2001), including nine vice-presidents (ibid.), who are elected by the members of the Roma local self-governments (Eva Orsos 21 May 2001). The president of the NRSG is elected by these 53 members (ibid.). Results show that the number of votes cast for members of Roma local self-governments is about 98 per cent of the size of the Roma voting population in Hungary (Heizer 24 May 2001). Janos Bathory dismisses reports that the government has tried to influence the outcome of minority self-government elections as absurd (24 May 2001), although Janos Balogh claims that political parties can influence the outcome of the minority self-government election (21 May 2001). In order to amend the minority act, a determined number of minority groups has to give their consent (Blazsek 24 May 2001).

25 Relations Between Minority Self-Governments and Other State Bodies Relations Between Minority Self-Governments and Local Governments There are 3,200 municipalities in Hungary whose autonomy includes complete control over their budget (Kovacs Kosane 15 May 2001). According to Magda Kovacs Kosane, local governments are not motivated to spend state funds efficiently because their transfer is guaranteed (ibid.). According to Claude Cahn, there is a lot of scepticism expressed about the long-term viability of minority self-governments (25 May 2001). Roma local self-governments are said to have limited powers (Osztojkan 15 May 2001; Berki 23 May 2001) and to lack financial resources, infrastructure, political authority and political legitimacy (Balogh 21 May 2001). While Janos Bathory states that the minority law defines the relations between local governments and minority self-governments in a large number of areas (24 May 2001), Janos Balogh stresses that the law subordinates minority selfgovernments to local governments (21 May 2001). According to Laszlo Kornyei, the deputy state secretary of public education of the Education Ministry, local minority self-governments have a "right to consent" in questions having an impact on minorities (28 Aug. 2001). In practice, Antal Heizer acknowledges that, in more than 700 municipalities, the Roma local self-governments "have a say" in the discussion on Roma-related issues (24 May 2001). Following are a few examples which illustrate the different types of relations existing between local governments and Roma local self-governments. In Nagykanizsa, where there are about 5,000 Roma in a total population of 53,000, the president of the Roma local self-government sits on the local government committee of health and social affairs and on the committee of minorities of the county assembly (Teleki 24 May 2001). The president also serves as vice-president of the NRSG and president of the Association of Local Self-Governments of Zala County (Teleki 24 May 2001). In Siklosnagyfalu, the deputy mayor is also the president of the local Roma self-government (Kosztics 22 May 2001). In Komlo, the mayor serving for two and a half years has been trying to build cooperation with minority self-governments (Pava 22 May 2001), including the Roma local self-government (Kiss 22 May 2001). However, in Beremend (Baranya county, southern Hungary), the Roma local selfgovernment has not been provided with an office for three years (Janos Orsos 22 May 2001).

26 Relations Between the National Roma Self-Government and the Roma Local Self- Governments While Zoltan Pecze claims that the NRSG is trusted by Roma local self-governments (24 May 2001), Claude Cahn describes relations between the NRSG and Roma local self-governments as weak (25 May 2001). However, Jozsef Gal indicates that the NRSG dispatches its 53 representatives to 19 county coordinating offices mandated to help Roma local self-governments solve problems (24 May 2001) relating to funding, staffing, infrastructure, and the realization of their programmes (14 Aug. 2001). The number of representatives in an office depends on the proportion of Roma in the county and on the number of Roma local self-governments, although there is at least one representative per county (ibid.). Jozsef Gal also adds that the offices have specialists in social issues, culture and education (ibid.). These offices, equipped with Internet access and telephones, are open to the public and have links with all Roma local self-governments (ibid.). In addition, the NRSG has a representative in every city (ibid.). The NRSG maintains information exchanges with Roma local self-governments (ibid.) and Roma community houses (Eva Orsos 15 May 2001). For more information on Roma community houses, please see Section Funding and Services Provided by the Roma Minority Self-Governments According to Aladar Horvath, Roma minority self-governments do not have the necessary funds, the professional skills and the legal authorities to assist Roma as their situation requires (23 May 2001). Every year, the parliament votes for the allocation of HUF630,000 (CAN$3,539) to every local minority self-government (Balogh 21 May 2001). The sum is transferred to the local government by the end of April, which then transfers half to the local minority self-government and the balance later in the year (ibid.). Local governments may contribute to the budget of local minority self-governments, but the statutes do not require them to do so (ibid.). Although local minority self-governments produce a budget which they submit to the budget committee of the local government, local minority self-governments decide how to spend the funds allocated (ibid.). A number of Roma local self-governments offer legal representation to Roma in need (Furmann 21 May 2001) and mediation in case of conflicts between Roma and non-roma (Pecze 24 May 2001). In Komlo, the Roma local self-government has a community house and organizes cultural activities (Kiss 22 May 2001). In Zala county, the president of the Nagykanizsa Local Roma Self-Government

27 19 reported that he had visited a Roma family in Zalakomar after an unknown individual had thrown a molotov cocktail at their house (Teleki 15 Aug. 2001). He further noted that an investigation was being conducted by the local police (ibid.). The following comments made by Jozsef Kosztics, deputy mayor of Siklosnagyfalu and leader of the Roma local self-government, provide an overview of the organization and the activities of a Roma local self-government. The Roma local self-government in Siklosnagyfalu employs seven people and has two computers with printers, Internet access, a fax machine, and photocopiers (Kosztics 22 May 2001). Employees receive travel allowances, scholarships and monthly salaries ranging from HUF40,000 (CAN$224) (the minimum wage in Hungary) to HUF100,000 (CAN$561) (ibid.). The services offered include employment training and legal representation through a lawyer who has visiting hours (ibid.). The Roma local self-government also tries to develop networks and to become involved in political life (ibid.). For example, it maintains contacts with 16 minority self-governments in the region and has signed cooperation agreements with 14 minority self-governments and with five nongovernmental organizations (ibid.). 9. EDUCATION 9.1 Overview Several sources estimate that the number of school-aged Roma in Hungary ranges from 100,000 to 150,000 (Kovacs Kosane 15 May 2001; Miklosi 21 May 2001; Gesko 23 May 2001). The results of a 2000 survey conducted in a sample of 192 schools with a high number of Roma students by Gabor Havas, a sociologist with the Hungarian Academy of Sciences (EuroViews 26 Apr. 2001), show a general increase in the number of Roma students in Hungary (Kadar 23 May 2001). Among the surveyed schools, 28 were located in Roma settlements (ibid.). According to Csaba Hende, every child in Hungary, including Roma, goes to school (15 May 2001). However, Mr. Hende states that the problem of dropouts arises when Roma children reach years of age when Roma girls tend to get married or have children and boys are encouraged to work, mostly in the black market (ibid.). Peter Balogh claims that marriage leads young Roma, both men or women, to quit school (21 May 2001). In the Hungarian education system, children are required to attend kindergarten (Kadar 23 May 2001), although Andras Kadar notes that 10 per cent of Roma children do not attend kindergarten