ERRC Hungary UN Human Rights Committee Submission

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Subject: ERRC Hungary UN Human Rights Committee Submission

From: MINELRES moderator <[email protected]>

Original sender: European Roma Rights Center <[email protected]>

ERRC Hungary UN Human Rights Committee Submission


ERRC Submits Written Comments Concerning Roma Rights Issues in Hungary
to the UN Human Rights Committee

Today, the United Nations Human Rights Committee (HRC) reviews
Hungary's compliance with the International Covenant on Civil and
Political Rights (ICCPR). In the run-up to today's meeting, on March
13, the European Roma Rights Center (ERRC) sent written comments to
the Committee for consideration during its review. On the occasion of
the Human Rights Committee Review, ERRC Executive Director Dimitrina
Petrova said, "Due to intense anti-Romani sentiment, post-1989 Hungary
is a place where Roma are in a state of undue exposure to violations
of their basic human rights. Protection provided to Roma by Hungarian
authorities against human rights violations is often inadequate or
unavailable, and the Hungarian Government has undertaken little to
reduce anti-Romani sentiment. Indeed, Hungarian officials have tacitly
or explicitly appealed to racist sentiments to garner support,
arguably contributing to the creation of a public culture in which
abuses of the fundamental rights of Roma are tolerated."

In its written comments on Hungary, the ERRC called attention to
concerns with respect to the Hungarian government's implementation of
the ICCPR, and in particular with respect to Articles 2, 6, 7, 14, 16,
20 and 26:

As to Article 2, notwithstanding the numerous breaches of the Covenant
perpetrated against Roma in Hungary, protection is lacking or
ineffective, and remedies non-existent or inadequate. In the
overwhelming majority of cases monitored by the ERRC, the judicial
system has rendered inadequate decisions. In particular, there are
indications that Hungarian authorities do not investigate thoroughly
the possibility of racial animus when crimes against Roma have taken
place. As a result, many human rights abuses of Roma go without
redress, or are redressed inadequately.

As to Articles 6 and 7, Roma are the victims of racially-motivated
violence at the hands of law enforcement authorities, skinheads and
others. Law enforcement authorities, meanwhile, systematically fail to
provide effective protection to Roma.

As to Article 14, Roma suffer discrimination in the judicial system,
both as victims pursuing justice for violations perpetrated against
them (their complaints are not adequately investigated and
prosecuted), and in the capacity of defendants (they are subjected to
pre-trial detention more often and for longer periods of time than
non-Roma, and receive disproportionately severe sentences). As a
result, the Covenant�s right to equal treatment before courts and
tribunals rings hollow for Roma.

As to Article 16, in 2001 there were disturbing and well-substantiated
reports that police officers had explicitly refused to accept criminal
complaints by Roma who had suffered violent abuse.

As to Article 20, in failing to acknowledge and condemn widespread
anti-Romani policies, practices and attitudes, Government authorities
have not yet undertaken sufficient efforts to ensure effective
implementation of legislation prohibiting the dissemination of racism
and incitement to racial discrimination. Prominent public officials
have in recent years disseminated racist speech targeting Roma,
thereby encouraging racism rather than combating it.

As to Article 26, notwithstanding Constitutional provisions
guaranteeing equality, the Government has failed to ensure Roma equal
protection of the law. Roma suffer widespread discrimination in
virtually all fields of public life, most egregiously and
systematically in education, housing, employment, and access to public
accommodations, while legal prohibitions against racial discrimination
remain inadequate and provide for ineffective remedies. The problem of
insufficient legislative provisions aimed at combating racial
discrimination is further compounded by the failure to ensure
effective implementation of those few legislative prohibitions which
do exist to counter racial discrimination. A specialised institution
on ethnic and minority rights � The Parliamentary Commissioner on
Ethnic and Minority Rights (hereinafter the "Minority Ombudsman") -
has no power to impose sanctions on perpetrators of human rights
violations or to award damages to the victims. Additionally, the
office of the Minority Ombudsman is severely understaffed.

The full text of the ERRC submission is available on the Internet at:
http://errc.org/publications/legal/index.shtml

_____________________________________________

The European Roma Rights Center is an international public interest
law organisation which monitors the rights of Roma and provides legal
defence in cases of human rights abuse. For more information about the
European Roma Rights Center, visit the ERRC on the web at
http://www.errc.org

European Roma Rights Center
1386 Budapest 62
P.O. Box 906/93
Hungary

Phone: +36 1 4132200
Fax:   +36 1 4132201

_____________________________________________

SUPPORT THE ERRC!

The European Roma Rights Center is dependent upon the generosity of
individual donors for its continued existence. If you believe the ERRC
performs a service valuable to the public, please join in enabling its
future with a contribution. Gifts of all sizes are welcome; bank
transfers are preferred. Please send your contribution to:

European Roma Rights Center
Budapest Bank Rt.
99P00402686
1054 Budapest
Bathory utca 1
Hungary

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