Act LXXVII of 1993 on the Rights of National and
Ethnic Minorities
The National Assembly
-
in keeping with the most noble traditions and values of
Hungarian history;
-
in the spirit of its commitment to the notions of
democracy and humanism;
-
with the intention of promoting friendly co-operation and
understanding between peoples and nations;
-
and, conscious of the fact that the peaceful coexistence
of national and ethnic
minorities with the nation in majority is a component of international security,
declares that it regards the right to national and ethnic identity as a
universal human right, that the special individual and community rights of
national and ethnic minorities are fundamental rights of freedom, which it will
honour and enforce in the Republic of Hungary.
In their entirety these rights
are neither a gift from the majority nor the privilege of the minority, nor is
their basis the numerical proportion of the national and ethnic minorities
within the majority nation, but the right to be different, which is based on
respect for the freedom of the individual and for social harmony.
In declaring the notions of
equality and solidarity, and the principles of the active protection of
minorities, the National Assembly is guided by respect for minorities, esteem
for moral and historical values, and the consistent representation of the
shared vital interests of the minorities and the Hungarian nation within the
framework of recognised universal moral and legal norms.
The mother tongue, the
intellectual culture, and culture as incarnated by physical objects, the
historical traditions of the national and ethnic minorities who are Hungarian
citizens and live in Hungary, and other characteristic qualities which support
their minority status are considered aspects of their identity as individuals
and as a community.
All these are special values,
the preservation, cultivation and augmentation of which is not only a basic
right of the national and ethnic minorities, but also in the interest of the
Hungarian nation, and ultimately in that of the community of governments and
nations.
In consideration of the fact
that self-governments form the basis of democratic systems, the establishment
of minority governments, their operation and the resulting cultural autonomy is
regarded by the National Assembly as one of the fundamental preconditions of
the special enforcement of the rights of minorities.
In view of the historical
coexistence of the Hungarian majority with national and ethnic minorities,
through this Act also the National Assembly guarantees all the rights, not only
human rights, of persons belonging to minorities as Hungarian citizens and of
their communities, but also political rights that enable them to promote the
preservation of their national or ethnic identities. The aim of this Act is to establish the institutional basis
necessary to ensure that citizens can lead the lives of members of national or
ethnic minorities as laid down in the Final Act of the Helsinki Conference on
Co-operation and Security in Europe in 1975, including the freedom to maintain
contact with the kin state and mother country.
In preparing this Act, the National Assembly of the Republic of Hungary
is guided by the vision of the establishment of a Europe without frontiers,
reduction and elimination of the disadvantages which result from living in a
minority, and the development of the democratic institutional structures
necessary to achieve these goals.
To achieve these objectives, the
National Assembly has formulated the following Act to record the due rights of
persons and their communities belonging to national and ethnic minorities so as
to ensure the enforcement of these rights and to regulate the means of
enforcement - while observing the provisions of intei7national law, the United
Nations Charter, the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the Paris Charter, the European
Convention on Human Rights, and the principles laid down in the Constitution of
the Republic of Hungary:
_____________________________
CHAPTER 1
Basic Provisions
Article
I
(1)
This Act applies to all persons of Hungarian citizenship
living in the Republic of Hungary who consider themselves members of any national or ethnic minority and to the communities of these people.
(2) For the purposes of the present Act a national or ethnic minority
(hereinafter 'minority') is any ethnic group with a history of at least one
decade of living in the Republic of Hungary, which represents a numerical
minority among the citizens of the state, the members of which are Hungarian
citizens, and are distinguished from the rest of the citizens by their own
language, culture and traditions, and at the same time demonstrate a sense of
belonging together, which is aimed at the preservation of all these, and the
expression and protection of the interests of their communities, which have
been formed in the course of history.
Article 2
This Act does not apply to
refugees, immigrants, foreign citizens settled in Hungary, or to persons of no
fixed abode.
Article 3
(1) Minorities living in Hungary share the power of
the people: they are components in the formation of
the state [Article 68 par (1) of the Constitution]. Their culture is part of the culture of Hungary.
(2) The right to national or ethnic identity is a
fundamental human right, and is legally due to any
individual
or community.
(3) Every minority has the right to exist and
continue to exist as an international or ethnic community.
(4) Each minority community, or the members of such
communities, has the right to lead an undisturbed
life in their country of birth,
and maintain contact with their homeland.
The right to have a country of birth not only means that the individual
has a right to his/her own place of birth, but also to the place of birth or
residence of his/her parents, or the people who raised them, their ancestors,
as well as the freedom to relate to the former homeland and its culture, and
the protection of these rights.
(5) Any form of discrimination
against minorities is
prohibited.
Article 4
(1)
The Republic of Hungary prohibits any policy that
-
aims at or leads to the assimilation of a minority into
the majority nation;
-
aims to alter the national or ethnic conditions of
territories inhabited by minorities to the disadvantage of the minorities;
-
persecutes a national or ethnic minority or any of its
members because of their national status, makes their living conditions more
difficult, or prevents them from exercising their rights;
-
aims at the forced evacuation or resettlement of a
national or ethnic minority.
(2) The Republic of Hungary, through its international relations, undertakes
to ensure against any political intentions that might result in any of the
consequences listed in par (1). It also
strives to provide protection against such a policy through international legal
mechanisms and by international agreements.
(3) In drawing the boundaries of administrative units and
constituencies, and in formulating plans for economic development and the
development of settlements, as well as for environmental protection, the
Republic of Hungary will take into consideration the settlement's conditions,
relations, economic interests and established traditions regarding national and
ethnic minorities.
Article 5
(1) In the Republic of Hungary minorities have a constitutional right
to establish self-governments and national self-governments.
(2) The basic function of minority governments is to protect and
represent the interests of minorities by performing their duties and exercising
their statutory authority. (3) To assist them in performing their duties, this
Act regulates the process of establishing a self-government, its rights and
obligations, the terms of its operation, and its relations with governmental
bodies.
Article 6
The Republic of Hungary promotes
the realisation of equality before the law by introducing measures with the aim
of ensuring equality of opportunities [par (3) of Article 70/A of the
Constitution].
_______________________
CHAPTER 2
Individual Minority Rights
Article 7
(1) Admitting and acknowledging that one belongs to a national or
ethnic group or minority (hereinafter ‘minority') is the exclusive and
inalienable right of the individual. No
one is obliged to make a statement concerning the issue of which minority one
belongs to. (2) The right to national and ethnic identity and the
acknowledgement and admission of membership of such a minority does not
preclude the recognition of dual or multi-affiliation.
Article 8
It is the right of the citizen
belonging to a national or ethnic minority to state in secret and anonymously
during a census to which minority group s/he belongs.
Article 9
A person belonging to a minority
has the right to equality of opportunity in politics and culture, a right which
the government is obliged to promote through effective measures.
Article 10
Participation in public life by
a person belonging to a minority must not be restricted. Members of minorities may establish
societies, parties, and other civil organisations to express and represent
their interests - in accordance with the regulations of the Constitution.
Article 11
A person belonging to a minority
has the right to respect family traditions, to cultivate family relationships,
to celebrate family festivals in his/her mother tongue, and to require that the
religious services associated with these festivals be performed in his/her
mother tongue.
Article 12
(1) A person belonging to a minority has the right to choose the first
name of his/her child freely, to have the first and last name of his/her child
registered under the conventions governing the writing of the mother tongue,
and to indicate the names in official documents as long as this complies with applicable
provisions. If the names are not
registered using Latin characters, it is compulsory to give the phonetic
representation of the names with Latin letters.
(2) If requested, the registration of births and the compilation of
other personal documents - as listed in par (1) - may also be bilingual.
Article 13
Persons belonging to a minority
have the right to
a) learn, foster, enrich and pass on their mother
tongue, history, culture and traditions;
b) participate in education and cultural
development in their mother tongue;
c) protect any personal data related to their
minority status as determined by a separate Act.
Article 14
Persons belonging to minorities
have the night to maintain contact with state and community institutions in
their kin state and/or with nations as defined by the use of a language, and
also with minorities living in other countries.
_____________________________
CHAPTER 3
Rights of Minorities as Communities
Article 15
The preservation, fostering,
strengthening and passing on of their minority identity is the unalienable
communal right of minorities.
Article 16
It is the right of minorities to
cultivate and develop their historical traditions and language, to preserve and
enrich their intellectual culture, and their culture as incarnated by physical
objects.
Article 17
Minorities have the right to
establish civil organisations, as well as self-governments and national
self-governments.
Article 18
(1)
Public service television and radio stations - as provided
for in a separate Act - will ensure that national and ethnic minority programs
are produced and broadcast on a regular basis.
(2)
On territories inhabited by minorities, the government –
through international contracts - will
promote the
reception of radio and television programs from the kin
state.
(3) Minority communities have the right to
a)
initiate the creation of the necessary conditions for
kindergarten, primary, secondary and higher education in the mother tongue or 'bilingually'
(i.e. in the mother tongue and in Hungarian);
b)
b) establish a national educational, training, cultural
and scientific institutional structure of their own within the boundaries of
existing laws.
(4) The Republic of Hungary - within the framework
of its laws - guarantees the rights of minority communities to hold their own
events and celebrate their own festivals free from disturbance, to preserve and
maintain their architectural, cultural and religious relics, to preserve,
foster and pass on their traditions, and to use their cultural symbols.
Article 19
Minorities and their
organisations have the right to establish and maintain extensive and direct
international contacts.
Article 20
(1) Minorities have the right -
as determined in a separate Act - to be represented in the National
Assembly.
(2) The National Assembly shall elect an Ombudsman for National and
Ethnic Minority Rights. Before the
President of the Republic puts forward a proposal for the position of Ombudsman
for National and Ethnic Minority Rights, s/he shall seek the opinion of
national minority self-governments, or in the absence of such a council, the
view of the registered national board representing the interests of the given
minority. The provisions of Act LXI of
1993 on the Ombudsman for Civil Rights shall apply to the Commissioner for National
and Ethnic Minority Rights.
(3) The Ombudsman for National and Ethnic Minority Rights shall have the authority to act on issues which fall within the scope of this Act.
________________________
The Governments of Minorities
Article
21
(1)
In accordance with the provisions of this Act, any
minority has the right to establish a settlement-level minority self-government
in townships, towns, or the districts of the capital city, or a minority
self-government formed directly or indirectly, or a national minority
self-government. In the capital city
directly formed minority self-government-minority governments may be
established.
(2)
Concerning citizens belonging to minorities who are
elected as self-representatives, the amended version of the present Act, as
amended by Article 64 of Act LXIV of 1990 on the election of self-government
representatives and mayors, shall apply.
Article
22
(1)
A settlement government may declare itself a
settlement-level minority self-government if more than half the members of the
elected body represent one national or ethnic minority.
(2)
If more than 30% of the members of the self-government
body represent one particular minority, the representatives, acting as a
minority, may form a minority self-government (hereinafter 'indirectly formed
minority self-government') with a minimum of 3 members.
Article
23
(1)
In accordance with the provisions of Articles 51-54 of Act
LXIV of 1990 on the election of self-government representatives and mayors,
amended by Article 64 of the Act, electors may form minority self-governments
by direct election (hereinafter 'directly formed minority self-government').
(2)
The minimum membership of directly formed minority
self-governments is 3 in the case of settlements with a population of 1,300 or
lower, whereas in settlements with a population of over 1,300 -including a
district of the capital city - the minimum is 5, and in the capital city itself
it is 9.
(3)
A directly formed minority self-government - through a
majority decision of the elected body in accordance with set rules - elects its
own leaders.
(4)
A member of a minority self-government who is not a
self-government representative may only become a member of the body of an
indirectly formed minority self-government if elected in accordance with
Articles 51-54 of Act LXIV of 1990 on the election of self-government representatives
and mayors, which is amended by Article 64 of this Act.
(5)
One minority in one settlement may establish only one
indirectly formed minority self-government, or, in the absence of such a body,
may establish one directly formed minority self-government.
(6)
Both directly and indirectly formed minority self-governments
(hereinafter together 'minority self-government') have the same scope of duties
and authority.
(7)
A spokesperson may only represent a minority in a
settlement government if the minority represented by the person does not have a
minority self-government.
Article
24
Unless
other provisions exist in this Act, the provisions of the law on self-governments
will be applied appropriately to settlement-level minority self-governments and
minority self-governments.
The
scope of duties and authority of settlement-level minority self-governments and
minority self-governments
Article
25
(1) A minority government is a legal entity. The scope of duties and authority of settlement-level minority self-governments, where different from the scope of duties and authority assigned to settlement governments, is provided for by the provisions of this Act.
(2) In the course of the management of public
affairs of self-interest, settlement-level minority self-governments - in
accordance with par (1) - are obliged to ensure the assertion of the rights of
the Hungarian population in a numerical minority, or the rights of any other
national or ethnic minority.
Article
26
(1) A settlement-level minority self-government or
a minority self-government may approach the head of the board of the
appropriate public body with the necessary authority and competence with a
request concerning any issue affecting the minority, and may
a) ask
for information;
b) make
a proposal;
c) initiate
measures;
d) object to a
practice or decision related to the
operation
of institutions which violates the rights of the minority, and may initiate the
amendment or withdrawal of the decision.
(2) The head of the appropriate board with the
necessary authority and competence - in cases defined in
par (1) - is obliged to provide a material response
to the request within 30 days.
(3) If the subject of the request does not fall
within the authority or competence of the head of the board,
s/he is
obliged to transfer the request to the person with appropriate authority and
competence.
Article
27
(1) The minority self-government shall define
within its authority - and within the framework of the regulations of
settlement governments -
a) in accordance with this Act, the utilisation
of the property set aside for it (i.e. for the minority self-government) as a
part of the total property of the settlement government;
b) its budget, closing balance sheet, the
utilisation of the resources made available to it by the settlement government;
c) within the limits of the provision on the
protection of historical monuments, the full list of such historical buildings
and memorial sites, and the self-regulations regarding their protection.
(2) The minority self-government shall define
within its authority
a) its organisational structure and operational system;
b) the name and insignia of the minority self-government,
and its medals/decorations, as well as the
requirements and regulations for the awarding
of such
medals/decorations;
c)
the self-festivals, and the minority represented
by them.
(3) The minority self-government may establish and
operate an institution within its authority - within the limits of the
resources at their disposal - , especially in the fields of
a) self-basic education;
b) self-printed and electronic media;
c) promotion of traditions;
d) general education.
(4) Within the limits of the resources at their
disposal, they have the right to
a)
establish and run a company or other business
Organisation;
b) invite tenders;
c) establish
scholarships.
(5) If it is necessary to obtain the approval of
the settlement government for the minority self-government to exercise its
rights, the board of representatives must put the initiative of the minority
self-government related to this issue on the agenda of its next meeting. If the decision-making process falls within
the authority of another self-government board the decision must be made within
30 days of the submission of the request for action.
Article
28
The
mayor's office, established by the settlement government - as defined under the
terms of its organisation and operation - is obliged to help the work of
minority self-governments.
Article
29
(1) Concerning the issues of self-basic education,
self-media, self-promotion of traditions and culture, and the language used by
the community, any settlement government decree affecting the minority
population in their capacity as such may be made by the board of
representatives only with the approval of the minority self-government
representing the population.
(2) The appointment of heads of minority
institutions, or concerning the settlement government, the taking of decisions
involving the training of people belonging to minorities, requires the approval
of the minority self-governments affected.
In the absence of such a minority self-government, the self-spokesperson
for the minority, or in the absence of a spokesperson, the opinion of the
self-society of the minority is necessary.
(3) Whoever is entitled either to the right to
approve or to express an opinion shall make a statement within 30 days of the
submission or announcement of the request as defined in paras (1) and (2). Failure to comply with the deadline shall
lead to the loss of this night.
Article
30
(1) The settlement-level minority self-government
and also the minority self-government may maintain contacts with any minority
Organisation or society, and may enter into an agreement on co-operation. (2)
Minority organisations, institutions and societies may enter competitions
focusing on national culture, education, science, etc., under the same
conditions as settlement-level minority self-governments and minority self-governments.
The national minority self-government
Article
31
(1) The national minority self-government
(hereinafter 'national council') may be established in accordance with the
provisions of this Act.
(2) The national council is elected by the
minority electors. Every settlement
government representative who has been elected a minority representative is a
minority elector, as are minority self-government representatives, and
spokespersons. If on the board of
representatives of a settlement government the minority concerned does not have
a minority representative or a spokesperson, or if in the settlement the
minority concerned does not have a minority self-government, the election of
the elector may be initiated by three citizens who are entitled to vote, who
are residents of the settlement, and who declare themselves members of the
minority concerned.
(3) An electoral meeting must be convened if
initiated by at least three citizens entitled to vote and who belong to the
same minority group.
Article
32
(1) The electoral meeting shall be convened by the
self-election committee. One session
must be held for each national and ethnic minority, in which only members of
the electorate whose permanent residence is in the settlement may
participate. The venue and time of the
meeting must be made known by public notice.
(2) The electoral meeting must be held within 60
days of the day of the election of self-government representatives and
mayors. For the period of the election
of the electors the self-election committee is joined by one extra
representative, jointly appointed by members of the electorate [par (3) of
Article 31 initiating the electoral meeting.
This common representative has the right to participate only in the
activities of the self-election committee which relate to the electoral meeting
of the minority.
(3) A residents' meeting in a settlement whose
members belong to the same national or ethnic minority is entitled to elect an
elector. The electoral meeting
constitutes a quorum if there are at least 10 people present. The participants decide on the election of
the elector with ballots prepared on the basis of open nomination, secret
voting, or clear majority.
(4) In any given settlement, one minority may only elect one elector, and one elector may only accept
one electoral appointment.
(5) By using the electoral register compiled by
the public notary, the self-election committee shall ensure
that
only the electors that have the right to vote in the
settlement participate in the election.
Article
33
(1) The self-election committees shall notify the
National Election Committee within 3 days after the electors' meeting of the
names of the electors belonging to the same minority who have been elected at
the electoral meetings.
(2) The National Election Committee shall convene
the electors' meeting on a date no later than 60 days after the date stipulated
in par (2) of Article 32, provided that a minimum of 14 electors are
present. The number of eligible
representatives [par (3) of Article 63 ] must be less than the number of
electors present.
(3) The same national or ethnic minority may only
form one national council. Several
national or ethnic minorities may form one common, joint national council.
Article
34
The
electors elect the members of the general assembly of the national council from
among themselves by secret ballot - in accordance with the provisions on
'short-list voting' of the relevant Act on the election of self-government
representatives and mayors. The name of
each candidate who enjoys the support of 1O% of the electorate will appear on
the ballot paper. The presence of a
minimum of two-thirds of the electors elected constitutes a quorum at the
statutory assembly.
The scope of authority and duties of the national
council
Article
35
(1)
The term of office of the members of the general assembly
of the national council lasts until the convention of the first meeting of the
new general assembly. The statutory
assembly of the new general assembly must be convened within 30 days of the
election of the members of the general assembly.
(2)
If no new general assembly is elected, the national
council shall cease to exist.
Article
36
(1)
The national council represents and protects the rights of
the minority represented by it at a national and area (regional, county)
level. With a view to the establishment
of the cultural autonomy of the minority it may establish institutions and
co-ordinate their activities.
(2)
The national council is a legal entity.
(3)
In the event that the national council ceases to exist,
its property is transferred to the Public Foundation established in accordance
with par (3) of Article 55 , which assumes the management of this property, and
ensures its protection. In the event
that the once terminated national council is re-established, the Public
Foundation must ensure that the property of the national council is returned.
Article
37
The
national council - in accordance with the law - decides independently on
a)
the location of its headquarters, its form of
Organisation, its operational mode
b)
its budget, its closing balance sheet, an authoritative
statement of its asset inventory;
c)
the full list of its opening assets;
d)
its name and insignia;
e)
the nation-wide festivals of the minority represented by
it;
f)
its medals/decorations, and the requirements and
regulations of awarding them;
g)
the principles and means governing the utilisation of the
radio and television channels at its disposal;
h)
the principles governing the utilisation of the public
radio and television air time at its disposal;
i)
the publication of its press releases;
j)
the establishment of its institutions, their
organisational structure and mode of operations, as well as their maintenance;
k)
the maintenance of a theatre;
l)
the establishment and maintenance of a museum/exhibition
hall, and a public collection with a countrywide collection network;
m)
the maintenance of a library for minorities;
n)
the establishment and maintenance of an institute for the
arts and/or sciences, and a publishing house;
o)
the maintenance of secondary and higher educational
institutions with countrywide coverage;
p)
the establishment and operation of legal advisory
services;
q)
the performance of other duties which legally fall within
its authority.
Article
38
(1) The national council may
(a) state its opinion on bills concerning the
minorities represented by it, including regulations issued by
the
general meetings of counties and the capital city;
(b) seek
information from public administrative bodies with relation to issues
concerning minority groups, may make proposals to them, and may initiate
measures in cases within their authority;
(c)
co-operate with public bodies with the necessary authority and competence in
the professional supervision of the primary, secondary and higher education of
the minorities it represents;
(2) An
administrative board which receives a request as outlined in point b) of par
(1) shall proceed in accordance with the provisions of paras (2) and (3) of
Article 26.
In the course of legislation on the preservation and conservation of the historical settlements and architectural monuments of minorities, the national council - and the minority self-government if self-government provisions on such matters are being enacted - has the right to agree. In the absence of a minority self-government it is the self-spokesperson of the minority, and in the absence of such a person, it is the self-society of the given minority which has the right of agreement.
(4) In developing the core curriculum of minority education - except for tertiary education - the national council concerned has the right of agreement.
Article
39
The
activities of the national council may include inviting tenders and
establishing scholarships.
________________
CHAPTER 5
The Self-Spokesperson for Minorities
Article
40
(1) In accordance with par (5) of Article 12 of
Act LXV of 1990 on self-governments (hereinafter 'LG') the self-spokesperson of a minority (hereinafter
'spokesperson') is entitled,
a) unless s/he is a settlement government representative, to attend and participate in the meetings of the
board of
representatives or any other committee where issues on their agenda concern
minorities, including closed sessions;
b) to propose to the mayor, or the chairperson
of a committee, that an issue - concerning minorities -which falls within the
competence of the board of representatives or the committee be discussed;
c) to move that the board of representatives revise
a decision of its committee which affects a minority;
d) to seek information from the board of
representatives, from the mayor at a meeting of the committee,
from the
public notary, or from the chairperson of the committee on issues affecting a
minority which fall within the competence of the self-government;
e) to demand the information necessary to enable him/her to perform his/her duties, and rightfully claim administrative co-operation from the mayor and public notary;
f)
to initiate action by the mayor, the public notary, or an
adequately authorised administrator on issues affecting minorities in their
capacity as such;
g) initiate action - in line with the provisions of par (1) of Article 101 of the LG - by the board of representatives to turn to an adequately authorised body concerning issues affecting the situation of a given minority.
(2)On the basis of the initiative specified in point b) of par (1) the mayor or the chairperson of the committee is obliged to present the proposal of the spokesperson at the next meeting of the board of representatives, or the committee. The board of representatives, or the committee, shall decide whether to put the issue on the agenda, and how the case should be prepared.
(3) If the spokesperson seeks information during
a committee meeting from the mayor, the public notary, or the chairperson of
the committee at a meeting of the board of representatives, s/he must be
provided with a written reply at the meeting or within 15 days of the meeting
at the latest.
(4) The
verbal contribution of the spokesperson - at his/her request - must be recorded
in the minutes of
the
meeting of the board of representatives, or the committee, or - if the
contribution is submitted in writing - it must be enclosed with the minutes.
(5) The discussion of an issue - affecting a
given minority - which has been put on the agenda in accordance with the
provisions of par (2) on the basis of the initiative specified in point (b) of
par (1) may be postponed or removed from
the agenda by the board of representatives only if so requested by
the spokesperson.
(6) Before the authorised self-government body
enacts a self-government regulation concerning the rights and responsibilities
of a minority, or before it reaches a decision concerning a measure with a
general impact on the situation of a minority, it must consult with the
spokesperson.
Article
41
(1) The employer must release the spokesperson
from his/her duties - if the latter so requests -for the period s/he performs
his/her duties as spokesperson. The
board of representatives shall compensate him/her for the loss of income
resulting from his/her absence from work.
On the basis of this income the spokesperson is also entitled to social
security.
(2) The provisions regulating the reimbursement
of costs, payment of allowances, and the honorariums of town councillors shall
apply to the spokesperson.
(3) The
provisions of paras (1) and (2) do not affect the rights and duties of members
of the board of representatives of a minority self-government in cases where
the spokesperson is also a member of the self-government.
_______________
CHAPTER
6
The
Cultural and Educational Self-Governance of Minorities
Article
42
In
accordance with this Act the following languages are deemed languages used by
minorities:
Bulgarian,
Gypsy ('Romani' and' Beas'), Greek, Croatian, Polish, German, Armenian,
Romanian, Ruthenian, Serbian, Slovakian, Slovenian and Ukrainian.
Article
43
(1) The state recognises the mother tongues of minorities as a factor contributing to community cohesion, and supports their teaching - where requested - in educational institutions which are not under the authority of settlement-level minority self-governments in accordance with the provisions of paras
(2) and (4), and Articles 44-49.
(2) In accordance with the decision of their
parents or guardian, children will be and may be educated in
their
mother tongue, 'bilingually' (in their mother tongue and in Hungarian), or in
Hungarian.
(3) The
education of minorities in their mother tongue or 'bilingually' may be provided
in minority
kindergartens,
schools, or in classes or groups within schools, according to the capacity and
requirements at a self-level.
(4) At the request of the parents or legal
representatives of eight students belonging to the same minority group, it is
compulsory to establish and run a minority class or group.
Article
44
The
extra costs of minority education in the mother tongue or 'bilingually' as
provided for in Article 43 -in line with the provisions of the law - are to be
met by the state or self-government.
Article
45
(1) In the course of the legal regulation of
education and higher education, the choice of content and structure of
educational activity and the supervision of such activity, in line with this
Act, must be harmonised with those educational interests which are the
prerequisites of the educational and cultural autonomy of minorities.
(2) To relieve the disadvantages of the Gypsy
minority in the field of education specific educational conditions may be
introduced.
(3) In educational institutions established in
accordance with Article 43. (3)-(4) it will be ensured that students acquire a
knowledge of their people, the history of their minority and its motherland, as
well as its cultural traditions, and values.
Article
46
(1) Self-and minority governments will co-operate
in assessing the demand for minority education and in
the Organisation
of such education.
(2) It is the duty of the state to train native
teachers to provide education in the mother tongue or
'bilinglially'
to minorities.
(3) The state will ensure, through international
agreements, that members of minorities participate in full-time and part-time
training, further training, and scientific training at foreign institutions
which teach in the relevant minority language and foster that culture.
(4) To act in accordance with the provisions of
par (2) the state shall support the employment in Hungary of visiting lecturers
from the mother country or from the linguistic region of the minority
concerned.
(5) If persons belonging to minorities pursue
their studies in countries where there are universities, colleges and other
educational institutions which run their courses in the mother tongue of that
person and cultivate the culture of the community s/he belongs to, the degrees,
diplomas and other certificates the students is awarded there - within the
authority of applicable laws and international agreements -must be considered
equivalent to the appropriate degrees, diplomas and certificates obtained in
the Republic of Hungary.
Article
47
A
settlement-level minority self-government or minority self-government may
assume control of an educational institution from another authority only if it
can ensure the maintenance of the same standards of education. The amount of state subsidies granted to the
institution transferred may not be reduced as a result of the transfer.
Article
48
(1) Those who do not belong to the minority
concerned may only study in educational institutions for minorities if the
institutions still have places available after satisfying the needs of the
minority. The admission of students
(enrolment) will occur on the basis of regulations made public in advance. (2)
The teaching of the Hungarian language - providing as many classes necessary
and at the standard necessary to acquire the language - will also be ensured in
educational institutions for minorities. (3) In settlements where the Hungarian
population - or the population of another national or ethnic minority - is in a
numerical minority, the mother tongue or bilingual education of children whose
mother tongue is Hungarian or the other language will be guaranteed by the
settlement government - in accordance with the provisions of the law.
Article
49
(1) Minority organisations may engage in public educational activities - within the framework of applicable legislation - and may establish institutions, which may maintain international relations, for such purposes.
(2) The
national council has the right to establish and maintain a minority theatre,
museum/exhibition hall, public collection with a country-wide coverage, a
library, publishing house, and a national cultural, arts, and scientific
institute. It may apply for budget
support to run these programs.
(3) A
minority library system will ensure that the minority has access to the
literature of its mother tongue.
(4) In settlements where no settlement-level
minority self-government has been established, it is the responsibility of the
settlement government to provide the minority population with library material
in their mother tongue.
(5) The right of acquisition of minority public
collections does not extend to documents which must be transferred to archives
in accordance with effective legislation governing archives.
Article
50
(1) The state guarantees the compilation of
textbooks and the provision of equipment necessary for minority education.
(2) The state supports
a) the collection of material monuments of
minority cultures, the establishment and enrichment of public
collections;
b) the publication of books by minorities and the
publication of their periodicals;
c) the publication of acts and announcements of
public interest in the mother tongues of the minorities;
d) the performance of ceremonies related to the
family rites of minorities in their mother tongue, and the
religious
activities of churches in the mother tongue of minorities.
_____________
CHAPTER
7
Language
Use
Article
51
(1) In the Republic of Hungary everybody may
freely use his/her mother tongue wherever and whenever s/he wishes to do
so. The conditions of the language use
of minorities - in cases provided for by a separate law - must be guaranteed by
the state.
(2) In the course of civil or criminal
proceedings, or in administrative procedures the use of the mother tongue is
ensured by the applicable procedural acts.
Article
52
(1) In the National Assembly, MPs belonging to minorities
may also use their mother tongue.
(2) On the board of representatives of the
self-government, a minority representative may also use
his/her
mother tongue. If the contribution is
made in the language of a minority, the Hungarian translation of the
contribution or a summary of its contents will be included in the minutes of
the meeting.
(3) If, from among the population of a settlement,
there are people who belong to a minority, the minutes
and resolutions of the board of representatives
may also be recorded or worded in the mother tongue of the given minority - as
well as appearing in Hungarian. In the
event of disputes over the interpretation, the Hungarian version is deemed to
be authentic.
Article
53
At the request of the minority self-government operating on the territory under its authority, the settlement government must ensure that
a) the announcement of its regulations and the publication of its announcements are made in the language of the minority - in addition to the Hungarian language;
b) the forms used in the course of administrative procedures are also available in the language of the minority;
c) signs
bearing the names of places and streets, public
offices, and companies undertaking public
services, or
announcements relating to their operations
- in addition
to the Hungarian wording and lettering,
with the same
content and form - may also be read in the
mother tongue
of the minority.
Article
54
In
settlements where there are people who belong to minorities, the self-authorities
will ensure that in the course of filling vacancies in self-civil or public
services, candidates with a knowledge of the mother tongue of the given
minority will be employed, provided that these people meet the general
professional requirements.
________________
CHAPTER
8
Assistance to Minorities, the Financial Management
and Property of Minority Governments
Article
55
(1) The state shall financially contribute to the
enforcement of the rights of minorities in accordance with the provisions of
paras (2)-(4).
(2) To the extent specified in the prevailing
Central Budget Act, the state shall
a) provide additional standard assistance for
the kindergarten education of minorities, and for their
mother
tongue (bilingual) schooling
b) the
National Assembly shall ensure, in a proportion specified by itself, the
operation of the governments of national or ethnic minorities, and support the
operation of national or ethnic civil organisations.
(3) A public foundation shall be established to
help preserve the identity of self-minorities, foster and pass on their
traditions, preserve and develop their mother tongues, preserve their
intellectual and material monuments, and promote activities aimed at
diminishing the cultural and political disadvantages which derive from the fact
that they belong to minorities.
(4) The provision of assistance by the public
foundation is part of the public financing scheme targeted at minorities.
Article
55/A
(1) The public foundation referred to in paras
(3)-(4) of Article 55 shall be established by the Government of the Republic of
Hungary under the name 'Public Foundation for Hungarian National and Ethnic
Minorities' (hereinafter 'Public Foundation') with its headquarters in
Budapest. (2) The property of the Public Foundation comprises the assets
transferred to it, and the financial assistance specified in the prevailing
annual Central Budget Act. (3) The primary decision-making board of the Public
Foundation is the Board of Trustees.
Its members shall be the following:
a) one representative from each national
minority self-government - elected at their general meeting - or, in the
absence of a national minority self-government, a person chosen by the
organisations of the given minority;
b) one person appointed by each political party
which has a group of representatives in the National Assembly;
c) one person appointed by each of the
following: the Minister of Internal Affairs, the Minister of Foreign Affairs,
the Minister of Culture and Education, the Children and Youth Co-ordination Council,
and the President of the Hungarian Academy of Sciences.
(4) The President of the Board of Trustees and the
Head of the Office for National and Ethnic Minorities shall be one in the same
person.
(5) The members of the body authorised to control
the Public Foundation (Supervisory Committee) shall
be the following:
a) two persons appointed by the Speaker of the
National Assembly, at least one of whom shall represent a party in opposition;
b) a person appointed by the Administrative State
Secretary in the Prime Minister's Office;
c) a person appointed by the Minister of Finance.
(6) The Chairperson of the Supervisory Committee
shall be a person appointed by the Government official in charge of the
supervision of the affairs of national and ethnic minorities. (7) The Board of
Trustees and the Supervisory Committee shall be appointed by the founder - from
among the persons specified in paras (3)-(6).
Article
56
Domestic
and foreign organisations, foundations, and individuals may contribute to the
aid provided to minorities. In cases of
donations for the promotion of minority culture, the Government - in accordance
with separate legislation - may offer partial or full exemption from customs
duty.
Article
57
The
lawful use of subsidies provided by the Government - in accordance with the
regulations prescribed for the use of public funds - shall be supervised by the
National Audit Office.
The property of minority governments
Article
58
(1) The provisions of legislation concerning the
property of settlement governments shall apply to the property of
settlement-level minority self-governments - subject to the stipulations
specified in this Act.
(2) The financial basis for the operation of
minority governments may be provided from the following
sources:
a) contributions from the state budget;
b) contributions by the settlement or county
government;
c) their own revenues (including the profits
generated by their enterprises);
d) assistance from foundations;
c) assistance from self-and foreign organisations;
f) the profits generated by the transfer of assets
at their disposal;
9) donations.
Article
59
(1) The property - in the possession of the
self-government on the territory under its authority -necessary for the
minority government to perform its duties and exercise its authority shall be
transferred for usage by the minority self-government. This transfer must not hinder the self-government
in performing its duties and exercising its authority .
(2) In order to ensure the operating conditions of
individual national minority self-governments, the locally competent government
must transfer a self-contained building, or part of a building with a net area
of 150-300 square metres - with compensation by the state - within 3 months of
their establishment, if the council is established within two budget years of
this Act entering legal force.
(3) The general regulations of the provisions governing
the property of self-governments shall apply to
the right of use and to the transfer procedure.
(4) As regards standard Government assistance,
institutions operated by national minority
self-governments
shall be treated in the same way as non-Governmental institutions providing
welfare services .
(5) Minority self-governments are entitled to
standard Government assistance in accordance with the regulations concerning
self-governments. Minority self-governments
shall have access to standard Government assistance through self-governments.
Article
60
(1) The property of settlement-level minority
self-governments, minority self-governments and national minority self-governments
(hereinafter 'minority governments') comprises all the fixed and movable assets
transferred to their possession by legal entities, private persons, and natural
persons under any
legal title.
(2) Concerning the fixed or movable assets transferred,
the minority government shall have the rights
and duties of owners in accordance with the
general regulations of property acquisition through transfer.
(3) Minority governments may participate in
enterprises in which their liability does not exceed the total
value of
the assets demanded by such an enterprise. (4) The exercise of ownership rights
to which minority governments are entitled to, falls within the exclusive
authority of board sessions or the general assembly. (5) If minority self-governments
terminate their activities, all of their movable and fixed assets will be
transferred into the possession of settlement governments, which - should the
former resume their activities - are obliged to provide minority governments
with property of equal value.
__________________
CHAPTER
9
Closing
Provisions
Article
61
(1) In
accordance with this Act the following ethnic groups qualify as ethnic groups
native to Hungary:
Bulgarian,
Gypsy, Greek, Croatian, Polish, German, Armenian, Romanian, Ruthenian, Serbian,
Slovakian,
Slovenian and Ukrainian.
(2) If a minority other than those listed in par
(1) wish to prove that they meet the requirements specified in this Act, they
may submit a petition related to this subject supported by at least 1,000
electors who declare themselves members of this minority to the Speaker of the
National Assembly. In the course of
this procedure the provisions of Act XVII of 1989 on Referendums and Petitions
shall apply.
(3) Those national federations which are currently
functioning shall decide independently whether to continue their operations,
dissolve, or be transformed.
(4) a) The minority government of the capital city
is elected by minority electors. Each
district government representative who has been elected as minority
representative is a minority elector; as are district minority government
representatives, and electors elected for this special purpose.
b) If a minority does not have a minority
government in any of the districts, upon the initiative of I 0 electors who
declare themselves members of the given minority, and who are residents of the
capital city, an electoral meeting shall be convened. At the electoral meeting - in accordance with the provisions of
paras (31) - (34) of the Act on National and Ethnic Minorities - 9
representatives shall be elected from a short list. The election is deemed valid if, from among the participants of
the electoral meeting who are resident in the capital city, a minimum of 1 00
electors cast valid votes for the short list.
The minority representatives shall also perform the duties of the
electors in the election of the national council of the given minority.
Article
62
(1) The Government - in co-operation with the
ministries and national bodies concerned, and with the help of the heads of
county and capital city administrative offices - shall assist the enforcement
of the rights and special interests of minorities and arrange to ensure the
conditions of this through the Office for National and Ethnic Minorities.
(2) The Government is obliged to set aside a sum
of HUF 500-500 million under a 'minority compensation fund' in the budget
proposal for two budget years after this Act comes into force. It shall reimburse the verifiable losses of
the given settlement governments which resulted from providing premises for the
operation of minority self-governments - and where necessary - of national
minority self-governments. A committee
shall be formed under the chairpersonship of the Head of the Office for
National and Ethnic Minorities to evaluate claims for compensation. On the committee the fair representation of
the minority or self-government concerned shall be guaranteed.
(3) The Government shall review the situation of
minorities living in the Republic of Hungary at least once every two years, and
submit a report to the National Assembly.
Article
63
(1) The
regulations of the provisions concerning self-governments and of Act LXV of
1990 on
Self-Governments
shall be enforced in harmony with the provisions of this Act.
(2) Para
(1) of Article I of the provision of legal force No 19 of 1989 on the Legal
Status of Persons
Recognised
as Refugees shall be completed by the following point g):
I g) the
rights and duties provided by Act LXXVII of 1993 are not their due or do not
fall on them.' (3) The number of members of the General Assembly of the
national council at its first convention shall be set by the Assembly of the
electors at a number between 13 and 53. (4) The national minority self-governments
are entitled to a once-off allocation of property - to meet their operational
expenses - on the basis of the following distribution system:
Gypsies
HUF 60m
Germans
HUF 30m
Croatians
HUF 30m
Slovaks
HUF 30m
Romanians
HUF 30m
Bulgarian
HUF 15m
Greeks
HUF 15m
Poles
HLTF 15m
Armenian
HUF 15m
Ruthenians
HUF 15m
Serbs
HUF 15m
Slovenians
HLTF 15m
Ukrainians
HUF 15m
Total
HUF 300m
(5) To serve this purpose, an appropriate part of
the corporate property of the state to be sold shall be set 'de in accordance
with the regulations concerning the utilisation of compensation coupons.
(6) National minority self-governments may pass on
a certain proportion of this property to minority self-governments provided
that it does not jeopardise the financial coverage of their own operations.
Article
64
(1) This Act - with the exception of paras (2) and
(3) of Article 20 - shall come into effect on the 90th
day following its official announcement. A separate Act shall provide for the entry
into force of paras (2)
and (3) of Article 20.
(2)-(4)
(3)-(4)
(5) The Government is empowered to issue a
regulation containing the detailed regulations of the provisions related to the
financial aspects of this Act.
Article
65
Appendix
I to Act LXXVII of 1993
Sample
form of minority self-government petition