Hungarian Minorities Ombudsman

Full title:

Parliamentary Commissioner for the Rights of National and Ethnic Minorities

Date established:

The institution of Parliamentary Commissioner for the Rights of National and Ethnic Minorities, also referred to as the Ombudsman, was established by constitutional amendment in 1989. The Parliamentary Commissioner for Civil Rights Act establishing the institution of ombudsmen was passed in 1993 but the Office of the Parliamentary Commissioner did not begin work until a compromise was reached in 1995 concerning who would fill the posts of the four ombudsmen.

Mode of establishment:

Act XX of 1949 on the Constitution of the Hungarian Republic, section 32/B.

Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights.

Status:

The Ombudsman's office is an organ of the Parliament and the Ombudsman is accountable exclusively to it. The Ombudsman takes measures solely on the basis of the Constitution and the law and cannot be given instructions concerning the course of his proceedings. (Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights, section 8. See: http://www.obh.hu/nekh/en/index.htm)

Mandate/objectives:

Act XX of 1949 on the Constitution of the Hungarian Republic, section 32/B:

(2) “The Parliamentary Ombudsman for the Rights of National and Ethnic Minorities is responsible for investigating or initiating the investigation of cases involving the infringement of the rights of national or ethnic minorities which come to his attention and initiating general or specific measures for their remedy.

(3) Everyone has the right to initiate proceedings by the Parliamentary Ombudsmen in the cases specified by law.”

Act LXXVII of 1993 on the Rights of National and Ethnic Minorities, section 20:

(2) “…The provisions of Act LIX 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 Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights, Section 16:

(1) “Anybody may apply to the ombudsman if in his judgment he suffered injury in consequence of the proceedings of any authority (subsection (1) of Section 29) or organ performing public service (hereinafter together "authority"), or its decision (measure) taken in the course of the proceedings and/or of the omission of the measure of the authority in connection with his constitutional rights, or if a direct danger thereof exists, provided that he has exhausted the available possibilities of administrative legal remedies or that no legal remedy is ensured for him.”

Grounds of Discrimination covered:

Belonging to a national or ethnic minority listed in Act LXXVII of 1993 on the Rights of National and Ethnic Minorities: Bulgarian, Gypsy, Greek, Croatian, Polish, German, Armenian, Romanian, Ruthenian, Serbian, Slovakian, Slovenian and Ukrainian)

Competences and responsibilities:

The Ombudsman has a very wide power of investigation but limited opportunities to remedy violations. The Ombudsman may:

• gain access to the premises of an authority;
• request data and information from any authority;
• inspect documents, make copies;
• hear the official in charge of the matter under investigation;
• request an inquiry;
• request a written explanation, declaration, or opinion from any organ.

However, the Ombudsman cannot issue a legally binding decision resulting from the investigation and is not able to remedy any abuse. The Ombudsman’s function is merely to indicate abuse and issue proposals to the organ concerned, or to its supervisory body, recommending changes to practises, decisions or procedures.

Besides this, the Ombudsman can:

• initiate disciplinary or criminal procedures;
• table motions before the Constitutional Court requesting the examination of the constitutionality of a legal ruling or providing an interpretation of a provision of the Constitution;
• propose the amendment, repeal or issue of a legal ruling.

If remedial action fails, the Ombudsman can turn to Parliament. The Ombudsman presents an annual report to Parliament on the situation of national and ethnic minorities, and on the way the Ombudsman’s initiatives and recommendations were received. In case of extraordinarily grave abuse, the Ombudsman can take steps to propose the inclusion of a given issue on the agenda of Parliament.

Main activities:

• Independent investigation, acting upon complaints and also ex officio (only in the public sphere);
• Non-binding recommendations;
• Mediation, conciliation;
• Legal assistance for victims, except going to court;
• Annual report to the Parliament;
• Monitoring legislation;
• Cooperation;
• Education, awareness raising and training.

Publications:

- Annual reports to Parliament (http://www.obh.hu/nekh/en/reports/reports.htm)

- Handbook on minority self-governments, Budapest, 1999

- Handbook on the parliamentary representation of minorities, Budapest, 2000

- The legal regulation of equal treatment and the prohibition of discrimination, Budapest, 2001

- “The Act on Ombudsman is 10 years old” (the collection of papers on the institution of ombudsman) Budapest, 2004

Management:

The institution is a so-called one-body organization: it is the Ombudsman who signs documents, makes recommendations and reports to Parliament. Staff members can only pursue investigations in the name and on behalf of the Ombudsman.

There are 4 departments within the organization: Secretariat; Control and operations; Codification and cooperation; Records and documentation.

Nomination of senior staff and board:

Ombudsmen

Act XX of 1949 on the Constitution of the Hungarian Republic, section 32/B:

(4) The Parliamentary Ombudsmen for Civil Rights and for the Rights of National and Ethnic Minorities shall be elected by a majority of two-thirds of the votes of the Members of Parliament, based on the recommendation made by the President of the Republic. The Parliament may also elect special Ombudsmen for the protection of individual constitutional rights.

Act LXXVII of 1993 on the Rights of National and Ethnic Minorities, section 20:

(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.

Staff

Members of staff are nominated by the Ombudsman. The Ombudsman can terminate their employment. The Ombudsman exercises an employer’s right over them.

Number of Staff:

16 (Ombudsman, head of the secretariat, 11 executives, 3 administrative staff)

Budget:

The Office’s budget is determined by Parliament in the Act on the Budget of the Republic of Hungary. The four Ombudsmen (the Parliamentary Commissioner for Civil Rights, the General Deputy Parliamentary Commissioner, the Parliamentary Commissioner for Data protection and the Parliamentary Commissioner for the Rights of National and Ethnic Minorities) have one central office in the same building and have a single, common budget under which the expenses of the different Ombudsmen’s offices cannot be separated. The 2004 budget of the Office of the four Ombudsmen (137 staff in total) was 1 154 million HUF (€ 4 561 265).

Accountability:

Annual reports to Parliament.

Ombudsmen

The Act XX of 1949 on the Constitution of the Hungarian Republic, section 32/B

6) The Parliamentary Ombudsmen shall present the Parliament with an annual report on their activities.

Ombudsman for Civil Rights and Ombudsman for the Rights of National and Ethnic Minorities

The Act LIX of 1993 on the Parliamentary Commissioner for Civil Rights, Section 27 (1) „The ombudsman shall make an annual report to Parliament on the experience of his activities – and within the framework thereof, on the situation of the protection of constitutional rights in connection with official proceedings, as well as on the reception of his initiatives, recommendations and on the result thereof. The report shall be submitted to Parliament by the end of the first quarter of the calendar year following the subject year.”

Address: