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TITLE: HUNGARY HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
HUNGARY
Hungary is a parliamentary democracy with a freely elected
legislature. Prime Minister Jozsef Antall headed a coalition
government formed after the 1990 national elections until his
death in December 1993. He was succeeded as Prime Minister by
Peter Boross.
The state internal and external security services report
directly to a minister without portfolio. The police are
controlled by and are responsive to the Interior Minister.
Transition to a market economy has proven harder than expected
despite some successes. Hungary has attracted more than half
the region's foreign investment; three-fourths of its trade
turnover is with advanced industrial countries, and the private
sector provides about half of the gross domestic product. But
privatization has been slow; living standards have fallen for
most of the population, a fourth of which lives at or below the
poverty line. Hungary's per capita debt remains Europe's
highest, and unemployment shows little prospect of falling
below the 12- to 13-percent range.
Human rights and civil liberties are provided for in the
Constitution and generally respected in practice. The print
media continued to flourish, with a high degree of independence
and variety of opinion. Parliament's continued failure to pass
a broadcast bill during 1993 left the broadcast media still
dominated by the state-owned Hungarian television and Hungarian
radio, which were susceptible to increased pressure from the
Government.
"Skinheads" perpetrated physical attacks on Gypsies, Africans,
and Arabs. Although the overall number of assaults dropped for
the first time since 1991, this was probably due to the
dramatic decrease in the number of foreign students in Hungary
and some increased police attention to the problem. There were
also reports of police abuses against Gypsies, reflecting
significant prejudice against the Gypsy population.
The Government has only marginally improved upon its initial
lackadaisical response to the significant increase in racial
incidents in post-Communist Hungary. In 1993 the Supreme Court
decided that the section of the law that deals with racially
motivated crimes is not applicable to skinhead attacks on
foreigners, Gypsies, or other members of ethnic minorities.
Instead, those few skinhead attacks that reach the courts are
treated as simple hooliganism.
Parliament passed a law in July granting special rights to
certain ethnic minorities living in Hungary. The law outlines
general goals, permitting collective rights and some local
autonomy for specified ethnic groups, although the actual
effects of the law remained unclear.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There was no evidence that political or other extrajudicial
killings occurred.
Judicial proceedings continue in the case of a park ranger who
killed two Gypsies, with the defense attorney attempting to
demonstrate that the ranger is mentally handicapped. The two
surviving Gypsies involved in the event were fined for stealing
pears.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
No known instances of torture occurred. Nongovernmental human
rights groups and the press, however, regularly carried reports
of police abuse against Gypsies and abusive treatment of
conscripts within the armed services.
Degrading treatment was reported in the case of an Ethiopian
student accused of murdering his Ethiopian girlfriend. The
student, who was eventually acquitted, spent more than a year
in custody, during which time he claimed he was subject to
abusive treatment. The student still walks with a limp from an
infection which developed on his leg and which did not receive
timely or adequate treatment while he was in custody.
d. Arbitrary Arrest, Detention, or Exile
Upon arrest, suspects must be informed of the charges against
them and may be held for a maximum of 72 hours before charges
must be filed. It is a requirement, followed in practice, that
persons be allowed access to counsel from the moment they are
suspects undergoing questioning and throughout all subsequent
proceedings.
The authorities must specifically provide counsel when a person
is mentally handicapped, juvenile, or unable to afford
counsel. There is no bail system; however, depending upon the
nature of the crime, the accused may be released upon his or
her own recognizance. Pretrial detention is based on a warrant
issued by a judge and is limited to 1 year while criminal
investigations are in progress, after which the accused must be
brought to trial or released. There were no known instances of
incommunicado detention.
There is no exile.
e. Denial of Fair Public Trial
Under the Constitution the courts are responsible for the
administration of justice, with the Supreme Court exercising
policy control over the operations and judicature of all
courts. There are three levels of courts in the current
system. Original jurisdiction in most matters rests with the
local courts. Appeals of their rulings may be made to county
courts or to the Budapest municipal court, all of which also
have original jurisdiction in some matters. The highest level
of appeal is the Supreme Court, whose decisions on
nonconstitutional issues are binding. There is no jury system;
hence, judges are the final arbiters. In the case of military
trials, appeals also may be addressed to the Supreme Court.
The Constitutional Court is charged with reviewing the
constitutionality of laws and statutes brought before it for
review. The Court's 10 members are elected by Parliament to a
9-year term which may be renewed. (According to the law, the
Constitutional Court is to be composed of 15 members; 10 have
been elected to date, and the remaining 5 are scheduled to be
seated by 1995.) No judge or member of the Supreme Court or
the Constitutional Court may belong to a political party or
engage in political activity.
The right to a fair public trial is provided for by law and
respected in practice. However, Gypsies and other minorities
are reportedly not treated by the authorities in the same way
as the majority of Hungarians. In some cases, judges may agree
to a closed trial if it is for the protection of the accused or
the crime victim, such as in some rape cases. This is also
true for military trials, which follow civil law and may be
closed if state, service, or moral grounds justify a closed
trial. In all cases, sentencing must take place publicly.
Defendants are entitled to counsel during all phases of
criminal proceedings and are presumed innocent unless proven
guilty. Judicial proceedings are generally investigative
rather than adversarial in nature. The judicial system has
been criticized for what human rights monitors and others have
characterized as extraordinarily lenient sentences handed down
to skinheads convicted of violent assaults on members of
minority groups (see Section 5).
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under current law, search warrants may be issued independently
by the prosecutor's office when there is probable cause. House
searches must be carried out in the presence of two witnesses.
A written inventory of items removed from the premises must be
prepared. These provisions are observed in practice.
According to the law, only the Minister of Justice has the
authority to approve wiretapping for national security reasons
and for legitimate criminal investigations.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is provided for in the Constitution and is
generally respected in practice. Although the Government
exerts some control over at least three Budapest dailies, the
print media enjoy considerable freedom. The electronic media,
however, are subject to increasing political pressure.
Parliament's continued failure to enact a broadcast bill meant
that there were no institutional safeguards to protect the
independence of radio and television, and Hungarian Radio (MR)
and Hungarian Television (MTV) continued to enjoy near monopoly
status. Despite the lack of media legislation, the Government
plans to issue up to 103 local television and radio licenses
beginning in 1994, ending the frequency moratorium in effect
since 1989. Critics charge that the licenses will be issued by
government bureaucrats susceptible to political manipulation
rather than by an impartial commission or body.
Besides MTV and MR, there is one private, commercial national
radio; two private, commercial regional radios in Budapest; a
national, commercial FM radio owned by MR; and a national AM
commercial radio jointly owned by MR and a private concern.
There are no private commercial television stations, though one
private television production company places 2 hours of
programming per day on MTV. One private television station was
allowed to broadcast on the Budapest wireless cable channel for
3 days during the Christmas holidays, but the frequency has not
yet been permanently allocated. It is estimated that over half
of Hungarian households now have access to satellite
television, cable, or both.
In January the presidents of MTV and MR resigned their posts,
citing an edict that went into effect on January 1, moving
budgetary control of the state media from MTV and MR to the
office of the Prime Minister. They were joined by human rights
groups in pointing out that, without a broadcast bill, press
freedom at MTV and MR depended on the good faith of the
Government. Indeed, some MTV programs were canceled in 1993
for political reasons. Personnel changes were made in senior
positions, giving progovernment journalists more influence, and
the program mix at both MTV and MR was changed to present a
more progovernment profile. Following several unsuccessful
attempts by the Prime Minister in 1992 to remove Elemer
Hankiss, the then president of MTV, the Government initiated a
lawsuit against Hankiss, charging him with mismanagement.
Suspicions that the Government's action was politically
motivated seemed to be confirmed when the lawsuit against
Hankiss was dropped after he resigned. Criminal investigations
into allegations that two of his advisors were guilty of
financial malfeasance were dropped for lack of evidence.
In another prominent case, MTV fired Andras Bano, editor in
chief of "Esti Egyenleg," an evening news program which
maintained considerable independence from the Government, and
which the Government often claimed favored the opposition.
Bano was accused by MTV Acting President Gabor Nahlik of
doctoring a videotape so that it appeared skinheads forced
President of the Republic Arpad Goncz from the podium at a
ceremony on October 23, 1992. Nahlik's assertion was that the
skinheads were not present when the President began to speak.
Bano maintained that the tape was not doctored. A diplomatic
officer who was present at the rally confirmed that a large
number of skinheads were among the crowd loudly heckling the
President.
Bano was initially suspended for his alleged doctoring of the
tape. Two of his associates were also suspended in relation to
the case. "Esti Egyenleg" then went off the air when its staff
protested Bano's suspension. Despite claims that he had
"proof," Nahlik never produced conclusive evidence that the
tapes had been doctored. Nevertheless, in December a
three-person MTV disciplinary panel--chaired by Nahlik himself
--fired Bano. However, the chief investigator in the case also
resigned, saying that it had become clear to him that the
intent of the investigation was not to determine the facts of
the case but only to build a case against Bano. "Esti
Egyenleg" remains off the air as of the end of the year,
leaving MTV with one news program, "Hirado," which is
considered to be progovernment.
In March, by majority vote, Parliament created a cultural
foundation that assesses a 1-percent tax on newspaper revenue
and up to a 20-percent tax on publications the Ministry of
Culture deems violent or pornographic. The foundation may
distribute the money for cultural purposes to appropriate
applicants. The print media objected to this, since the law
gives the foundation (and hence, they say, the Government) the
right to distribute the money to applicants who meet its
political criteria.
The 1991 case against the weekly Szent Korona for incitement of
anti-Semitic feelings was concluded with a fine for inciting
ethnic hatred.
In May the President signed a law banning the wearing and
dissemination of the swastika, SS badge, arrow-cross (the
symbol of the Hungarian Fascists), the hammer and sickle, and
the five-pointed red star. Official symbols of states are
exempted, as are the use of such symbols for educational,
scientific, artistic, or historical purposes.
In a case involving charges of insulting the Government brought
by Prime Minister Antall against Laszlo Lengyel, a
well-respected political commentator, an appeals court found
Lengyel guilty and sentenced him to 1 year's probation with a
$750 fine suspended. Lengyel, who called the Hungarian
Government corrupt in the course of an economics lecture in the
town of Veszprem, plans to appeal the case to the European
Court of Human Rights in Strasbourg, saying he should face no
penalty whatsoever for his remarks.
b. Freedom of Peaceful Assembly and Association
Peaceful public gatherings are essentially unrestricted. In
general, no permits are required for assembly, except in cases
when a public gathering is planned near sensitive installations
such as military facilities, embassies, and key government
buildings.
Police may sometimes alter or revoke permits, but there is no
evidence that this freedom is abused. Several mass
demonstrations reflecting diverse political views took place in
1993.
Any 10 or more persons may form an association, provided that
it does not commit criminal offenses or disturb the rights of
others. Associations with charters and elected officers must
register with the courts.
c. Freedom of Religion
Approximately 65 percent of Hungarians are Roman Catholic;
members of other faiths practice their religion freely.
Religious groups may and do maintain international contacts.
There is no officially preferred religion, but only officially
approved churches receive state subsidies. The Government
distributed nearly $33 million in state subsidies among 36
churches.
Four small churches--the Jehovah's Witnesses, the Community of
Krishna Believers, the Unifying Church, and the Church of
Scientology--branded as "socially destructive" during
parliamentary debate, were not included in the list of
subsidized churches but are allowed to function.
Legislation is being drafted, however, that would seriously
restrict religious freedom. The draft proposal would give the
courts the right to deny registration as a church for a group
whose teachings the court determines would offend "generally
accepted moral values." In order to be registered, churches
would also be required to have 10,000 members (as opposed to
the current 100), although churches that have existed in
Hungary more than 100 years would be exempt.
Religious orders and schools have regained property confiscated
by the Communist regime. In some small towns where government
schools were transferred to the Catholic Church, parents who do
not want their children to receive a religious education had
little alternative. Even among many Catholic parents, there is
a strong preference for secular education, and parents in some
cases were successful in blocking the transfer of schools to
the Church. In towns where there is only a church school, the
state provides subsidized bus transportation to the nearest
secular school.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on the movement of Hungarian
nationals within or outside Hungary, including on the rights of
emigration and repatriation. Emigration may be delayed, but
not denied, for those who have significant court-assessed debts
or who possess state secrets. Foreign students from countries
not having a visa waiver agreement with Hungary must obtain
exit visas every time they leave the country. Foreign minor
children may not be allowed to travel to third countries
without a parent or legal guardian or the permission of the
country of the child's nationality.
The fighting in the former Yugoslavia resulted in a continued
flow of refugees into Hungary. While 8,500 refugees are
registered within Hungary, the Government estimates that over
30,000 more are unregistered. Most of the refugees are in
private housing, with only 3,200 housed in refugee camps.
Hungary is a signatory to the 1951 Convention Relating to the
Status of Refugees and to the 1967 Protocol, with a caveat that
it will grant refugee status only to European nationals.
Prospective refugees who seek only to transit to Western Europe
are encouraged to return to their countries of departure.
Local and international human rights organizations have accused
the Government of detaining aliens in unacceptable conditions
for excessively lengthy periods at the detention center at
Kerepestarcsa, which is operated by the police. Aliens who
have entered illegally, mostly non-European, are kept at the
center pending their deportation or their qualification for
resettlement in a third country by the local office of the
United Nations High Commissioner for Refugees (UNHCR). While
the police seek the timely deportation of detainees who do not
qualify for refugee status, a lack of funds and the detainees'
lack of proper documentation, such as passports, often result
in lengthy stays. UNHCR reports that conditions at the camp
have improved moderately in the last year.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Hungarians aged 18 and over have the right to change their
government through national and local elections required to be
held at least every 4 years. The Parliament's 386 members are
elected through a complex voting procedure for individuals and
party lists.
Currently, Hungary has a center-right coalition government,
formed by the Hungarian Democratic Forum, the Christian
Democratic People's Party, and a group of independent
smallholders' parties. The Free Democrats, the Alliance of
Young Democrats, the Hungarian Socialist Party, and various
independent members of Parliament, sometimes joined by Istvan
Csurka's breakaway Justice and Life Party, constitute an active
opposition in Parliament. Several parties have been formed
recently; however, only those that attract at least 5 percent
in the 1994 elections may be represented in Parliament.
There are no legal impediments to women's participation in
government or the political process, but there is reluctance to
break from the women's traditional role in the home and
responsibility for the family; 27 of 386 parliamentary deputies
are women, and there are few women in leadership positions in
the Government or the political parties. Several minorities,
including Germans, Gypsies, Croats, and Slovaks, are
represented in Parliament as members of one party or another.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several human rights organizations operate in Hungary without
government restriction or interference, including the Hungarian
Helsinki Committee, the Wallenberg Association for Minority
Rights, the Hungarian Human Rights League, and the Martin
Luther King Organization, which was formed by the foreign and
Hungarian student community in response to the growing
incidence of racially motivated attacks. A new legal
nongovernmental organization, the Bureau for Minorities, is
being organized, and a 25-member parliamentary Committee for
Human, Minority, and Religious Rights also considers human
rights issues.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Legally, women have the same rights as men, including identical
inheritance and property rights. While there is no overt
discrimination against women, the number of women in middle or
upper managerial positions is low. Women are heavily
represented in the judiciary and in medicine and teaching,
which are among the lower paid professions.
Women's rights groups, still in their infancy, have not had a
major impact on societal attitudes. Groups, such as the
Feminist Network, have become more active in lobbying with
Parliament. While there are laws against rape, it is often
unreported for cultural reasons. Similarly, police attitudes
towards victims of sexual abuse reportedly are often
unsympathetic. Abuse of partners is most prevalent in families
living below the poverty line and among unmarried couples.
Police reports are rarely made. Alcohol is often a factor in
abusive relationships.
Children
The Government is committed to children's rights. Education is
mandatory through age 16, and employment is illegal below age
16.
National/Racial/Ethnic Minorities
The new law on ethnic and minority rights, approved by
Parliament in July, legally establishes the concept of the
collective rights of minorities and states that minorities need
special rights in order to preserve their ethnic identities.
It explicitly permits organized forms of limited self-
government in areas where ethnic groups constitute a majority
and states that the establishment of self-governing bodies must
be made possible in localities where an ethnic group
constitutes less than a majority of the population. Further,
the new law permits associations, movements, and political
parties based upon an ethnic or national character and mandates
unrestricted use of ethnic languages. Only those ethnic groups
that have lived within the present Hungarian borders for at
least 100 years and whose members are Hungarian citizens obtain
recognized status under the new law. On this basis, the law
specifically grants minority status to 13 ethnic or national
groups. Other groups may petition the Chairman of Parliament
for inclusion if they comprise at least 1,000 Hungarian
citizens and have their own language and culture.
Significantly, the law granted the status of a minority to the
Gypsies, or Romas, Hungary's largest minority. Previously,
they were not regarded as a national minority and thus were
deprived of some of the special rights granted to minorities
under the Constitution. Conversely, Jews are not 1 of the 13
minorities listed in the law because they are considered a
religious group. This was the subject of much debate during
the drafting of the law, and, although there is no consensus in
the Jewish community about whether Jews should be considered a
minority, it is believed that the majority oppose the idea.
The effectiveness of the law will depend on the mechanisms
established to implement it and guarantee its provisions. Many
of its major provisions will not actually go into effect until
1994 or even later. Minority representatives in Hungary
complained that the law failed to provide adequate legal and
financial guarantees for expanding minority institutions. The
chairman of Hungary's Roma parliament, an organization
representing Gypsy interests that is not affiliated with the
Hungarian Parliament although its chairman is also a member of
the Hungarian Parliament, complained that the new law made no
provisions for setting up specific institutions to guarantee
minority rights and for providing minorities with electoral
ballots in their mother tongue.
Although the Constitution allows each minority group one
parliamentary ombudsman to speak for its collective rights, the
Government has not yet implemented this provision.
On the local level, minorities have the right to establish
self-governing bodies, and minority candidates need only
two-thirds of the minimum number of votes required of
nonminority candidates for election to corresponding regional
legislative bodies. A minority roundtable, at which all
minorities are represented, negotiates with the Government over
the content of prospective legislation on minorities and was
actively involved in the drafting of the law on minority
rights. The Government established an Office for National and
Ethnic Minorities in 1990 to address the needs of national and
ethnic minorities.
Gypsies constitute the largest minority group, officially
estimated at between 400,000 and 600,000 in a total population
of 10.5 million. The second largest group is the 210,000
Germans, followed by 105,000 Slovaks, 85,000 Croats, and 80,000
Jews. There are also Romanian, Polish, Greek, Serbian,
Slovene, Armenian, Ruthenian, and Bulgarian minorities.
To varying degrees, education is available in almost all
minority languages. There are minority-language print media,
and Hungarian Radio broadcasts 2-hour daily programs in the
mother tongue of major nationalities. Hungarian Television
carries a 30-minute program for the larger minority groups and
plans to introduce programming for the smaller ethnic groups in
1994. Hebrew has been proposed as the 14th official minority
language. Minority groups continued to be dissatisfied with
the broadcasting hours allotted them, complaining especially
about early afternoon time slots for such programs.
Conditions of life within the Gypsy community are significantly
poorer than among the general population, and they suffer from
discrimination and racist attacks. Gypsies are considerably
less educated, with lower than average incomes and life
expectancy. The unemployment rate is estimated to be 70
percent, more than five times the national average of 13
percent. With unemployment benefits exhausted and inadequate
social services, there are reports that Gypsy families,
including young children, are forced to resort to stealing food
to eat.
The Government sponsors programs both to preserve Gypsy
languages and cultural heritage and to assist social and
economic assimilation. After a Gypsy youth was beaten into a
coma in the town of Eger, a skinhead stronghold and site of 25
assaults on Gypsies since 1991, Gypsies held a protest rally.
Strong police protection was provided. For the first time in
Hungary, a member of a Gypsy organization, though not a Gypsy
himself, was elected mayor in the town of Kunmadaras.
Nonetheless, there is still widespread popular prejudice
against the Gypsies. Gypsies are generally assumed to be
untrustworthy and treated as such, including by police, which
might partly account for the higher crime rate. (See Section
1.c. for reported police abuse of Gypsies.)
The Jewish community in Hungary, although generally well
assimilated, was the target of occasional anti-Semitic
expression, including the desecration in June of a Jewish
cemetery in Eger, for which several youths were arrested and
charged. Jews are well represented in politics, the media,
culture, and business. Many Hungarians, however, are concerned
that, while the Government does not actively condone
anti-Semitic activities, its failure to disassociate itself
quickly and clearly from the anti-Semitic statements of Istvan
Csurka reflected a lack of sensitivity. A rightwing populist,
Csurka was able to retain his position as vice president of the
ruling party for several months after his statements were
published. Before the MDF could expel him, Csurka went on to
form his own new rightwing party and group in Parliament.
Skinheads and neo-Nazi sympathizers continued physically to
assault Jews and people of color. Sentences in skinhead
attacks are relatively light, especially when the defendants
are minors. In June three youths convicted of attacking and
severely beating two Pakistani men in November 1990 were
sentenced to 8 months in jail; the court then suspended the
sentences and gave the youths 2 years' probation. Although
investigations of reported crimes were usually conducted,
convicted criminals were rarely sent to prison. The resulting
perception of the judicial system's de facto tolerance of
racist crimes creates an atmosphere conducive to further acts
of skinhead violence. The Martin Luther King Organization
(MLKO), which documents assaults on foreigners of color (but
not anti-Semitic incidents), recorded about 20 separate attacks
in 1993, down from 78 in 1992. MLKO sources commented,
however, that they believe many cases go unreported, that
police do not seem inclined to intervene, and that the decline
in the number of attacks is primarily due to the lower number
of foreign students in Hungary. The greatest decline has been
in the number of African students; while there were 600
Sudanese students in Hungary 2 years ago, MLKO sources say
there are now barely 60.
Since 1955 the Penal Code has provided for stiffer sentences
for crimes which are racially motivated. However, Hungary's
Supreme Court has ruled that racially motivated crimes cannot
be prosecuted under the section of the law dealing with crimes
against humanity. In a case involving attacks on Gypsies and
people of color by 48 members of a skinhead gang, the court
ruled that the defendants could only be charged with
hooliganism, and it reduced the sentences which lower courts
had imposed. The Hungarian Supreme Court's failure to
recognize a qualitative difference between premeditated attacks
with a clear racial motivation and simple hooliganism is a
significant judgment. In effect, the Court has declared that
as far as Hungarian law is concerned, hate crimes do not exist.
People of color continued to suffer consistent discrimination,
including being refused service in some stores and
restaurants.
People with Disabilities
Services to the disabled are still limited, and many buildings
are not accessible to wheelchair . MTV does have close
captioning on some programs, and there are programs that
address issues of interest to the disabled.
Section 6 Worker Rights
a. The Right of Association
The 1992 Labor Code recognizes the right of unions to organize
and bargain collectively and permits trade union pluralism.
Workers have the right to associate freely, choose
representatives, publish journals, and openly promote members'
interests and views. With the exception of military personnel
and the police, they also have the right to go on strike. In
contrast to 1991, when the number of strikes could be counted
on one hand, short "warning strikes," often no more than 2
hours in duration, increased dramatically. A strike by the
maintenance personnel of MALEV, the state airline, lasted
several days before a settlement was reached.
A separate law applicable to public sector workers was also
passed in 1992. Under this law, public servants may negotiate
working conditions, but the final decision on increasing
salaries rests with Parliament.
The two free trade unions, the Democratic League of Independent
Unions (LIGA) and the Federation of Workers' Councils, have
attracted a combined membership of 400,000, while the successor
to the former monolithic Communist union, MSzOSz, has up to
800,000 members.
There are no restrictions on trade union contacts with
international organizations, and unions have developed a wide
range of ties with European and international trade union
bodies. In December LIGA and MSzOSz were admitted to the
International Confederation of Free Trade Unions, while the
Federation of Workers' Councils is associated with the World
Confederation of Labor.
The conflict which characterized the trade union movement in
1992 subsided after the resolution of the issue of trade union
assets formerly owned by Hungary's Communist-era trade union
organization. Since the settlement agreement, labor
organizations have shown a greater willingness to cooperate
with one another. This is particularly evident in their
relationships in forums such as the National Interest
Reconciliation Council (NIRC), which discusses issues such as
the setting of the minimum wage as well as wage increases.
During 1993, six different union federations were able to reach
a unified position on the minimum wage issue.
b. The Right to Organize and Bargain Collectively
The 1992 Labor Code permits collective bargaining at the
enterprise and industry level, and it is practiced in resolving
most major labor issues through the NIRC. Minimum wage levels
are set by the NIRC, a forum for tripartite consultation among
representatives from the employers, employees, and the
Government, and higher levels (but not lower ones) may be
negotiated at the plant level between individual trade unions
and management. By agreement, the legal minimum wage is
centrally negotiated at the NIRC in order to control
inflation. The Ministry of Labor is responsible for drafting
labor-related legislation, while special labor courts enforce
labor laws. The decisions of these courts may be appealed to
the civil court system. Under the new legislation, employers
are prohibited from discriminating against unions and their
organizers.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, which is
enforced by the Ministry of Labor.
d. Minimum Age for Employment of Children
The National Labor Center enforces the minimum age of 16 years,
with exceptions for apprentice programs, which may begin at
15. There does not appear to be any significant abuse of this
statute. Education is compulsory through age 16.
e. Acceptable Conditions of Work
The legal minimum wage is established by the NIRC and
subsequently implemented by Ministry of Labor decree. The
National Labor Center enforces it. The monthly minimum wage at
year's end was the equivalent of $90 and is insufficient to
provide an adequate living for workers and their families. The
International Labor Organization (ILO) calculated in February
that the minimum wage was 70 percent of the minimum necessary
for subsistence. Many Hungarians, therefore, supplement their
primary employment with second jobs. Despite the adoption of
new legislation, the ILO's Committee of Experts notes that
there are many cases of employers, for economic reasons, paying
wages that are lower than the prescribed rates in the water
supply, forestry, and agricultural sectors.
The 1992 Labor Code specifies various conditions of employment,
including termination procedures, severance pay, maternity
leave, trade union consultation rights in some management
decisions, annual and sick leave entitlements, and labor
conflict resolution procedures. Under the new Code, the
official workday is set at 8 hours; it may vary, however,
depending upon the nature of the industry. A 24-hour rest
period is required during the week. Labor courts and the
Ministry of Labor enforce occupational safety standards set by
the Government, but specific safety conditions are not always
up to internationally accepted standards. Workers have the
right to remove themselves from dangerous work situations
without jeopardy to continued employment.
[end of document]
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