6 October 2011

 

HUN103822.E

 

Hungary: The Movement for a Better Hungary (Jobbik Magyarországért Mozgalom), including reports of hate speech and the state response to such statements

 

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

 

The Movement for a Better Hungary

 

According to the Political Handbook of the World 2011 (PHW), the Movement for a Better Hungary (Jobbik Magyarországért Mozgalom) is a Hungarian opposition party known as Jobbik, which was formed by Dávid Kovács in 2003 from the university student organization Right-Wing Youth Community (Jobboldali Ifjúsági Közösség-Jobbik)" (PHW 2011). According to sources, Jobbik is an "extreme right-wing" political party (ibid.; AI 2010) with nationalistic roots (Freedom House 27 June 2011, 240; PHW 2011) and a strong anti-Roma and anti-Semitic agenda (AI 2010; EUobserver.com 19 Apr. 2010). Jobbik's current leader, Gabor Vona, is also the co-founder of the uniformed paramilitary group, the Hungarian Guard (Magyar Garda) (ibid.; PHW 2011).

 

Political support

 

EUobserver.com, a non-profit European Union (EU) news source based in Brussels (n.d.), points out that support for the Jobbik party noticeably increased in 2006 (19 Apr. 2010). Sources indicate that the Hungarian Guard's popularity (AP 11 Apr. 2010), as well as the party's campaign against so-called "'Gypsy crime'," significantly contributed to Jobbik's growth (ibid.; Political Capital 11 Apr. 2010). Sources also note that most Jobbik supporters are young (ibid.; OSF 13 Apr. 2010; EUobserver.com 19 Apr. 2010) and educated (ibid.).

 

In the June 2009 European Parliament elections, Jobbik placed third (PHW 2011; EU 8 July 2009), taking 14.8 percent of the vote (EUobserver.com 19 Apr. 2010) and winning three seats (PHW 2011; EU 8 July 2009). In Hungary's April 2010 general elections (Election Guide n.d; Election Results n.d.), Jobbik captured almost 17 percent of the vote (ibid.; AP 25 Mar. 2011; The Globe and Mail 14 Apr. 2010), for 26 additional seats (Election Guide n.d.; Election Results n.d.), bringing its total number of seats in the National Assembly to 47 (ibid.; Freedom House 27 June 2011, 240; AI Nov. 2010, 10).

 

Sources indicate that Jobbik support dropped in 2011 to 13 percent among likely voters (AP 3 Apr. 2011; EUobserver.com 5 Apr. 2011). According to Reuters, in August 2011, it was 15 percent among decided voters (4 Aug. 2011). In correspondence with the Research Directorate, an author, whose recent research focused on of the Roma and their situation in Hungary, Slovakia and the Czech Republic and culminated in The Ghosts of Europe: Journeys through Central Europe's Troubled Past and Uncertain Future, put current support for Jobbik at about 18 percent (Writer 11 Aug. 2011). To gain back its support, the Associated Press reports that the Jobbik party has renewed its campaign against Roma with rallies in villages across the country (3 Apr. 2011).

 

Party platform

 

Jobbik's platform calls for Hungary's "withdrawal from the EU, greater rights for ethnic Hungarians living in other countries (including dual citizenship), and a crackdown on 'Gypsy crime'" (PHW 2011). In its general election manifesto, introduced to party members and sympathizers in January 2010, the party identified the "deterrent power of tough punishment and long sentencing" as an article of faith (Jobbik 2010, 1, 17). In August 2010, Jobbik proposed the creation of "'public order zone[s]'" outside cities as a way of "'sealing'" off, registering and monitoring "'criminal elements'," as well as forcing them to "'integrate'" (MTI-EcoNews 1 Sept. 2010). The ruling Fidesz party rejected the proposal to set up what it called "'ghettos'" and countered that "'strict laws and a strong police force'" are the solutions to offences against the public order (ibid.).

 

Jobbik's general election manifesto also describes the coexistence of ethnic Hungarians (Magyar) and Roma (Gypsy) as "one of the severest problems facing Hungarian society" (Jobbik 2010, 11). The manifesto indicates that among the issues associated with the Roma community, "gypsy crime" is the "most pressing" (ibid.). To prevent such crime, Jobbik proposes the strengthening of the police force and the establishment of "a dedicated rural police service, or Gendarmerie" (ibid.). Although Jobbik concedes that not "all Gypsy people are criminals," it argues that "certain specific criminological phenomena" are "predominantly and overwhelmingly" associated with the Roma minority (ibid.). Therefore,

 

[l]aw enforcement initiatives … must go hand in hand with the reform of social, [educational and employment policy, given that Gypsy integration [as opposed to [alienation] means assimilation into society-at-large. (ibid., 11-12)

 

At the same press conference at which the public order zones were proposed, Jobbik leader Gabor Vona argued that "the integration of Hungary's Roma population had failed" and announced his party's proposal to segregate Roma children by sending them to boarding schools as a better way to educate them (MTI-EcoNews 1 Sept. 2010).

 

Two sources report that in May 2009 Jobbik signed a cooperation agreement with the independent police trade union (The Budapest Times 3 June 2009; AI Nov. 2010, 11), a group with almost 6,000 members (about 13 percent of the Hungarian police force) (ibid.). Under the agreement, Jobbik agreed to bring forward proposals made by the trade union, including reinstating the death penalty, should it become part of the government (ibid.; The Budapest Times 3 June 2009). According to Amnesty International (AI), the agreement "raised concerns over the spread of anti-Roma sentiments and anti-Semitism in the Hungarian police force" (Nov. 2010, 11). After reportedly launching an internal investigation into the agreement, the National Police Department found that it "violates the political neutrality of police officers and compromises their work" (The Budapest Times 3 June 2009).

 

Hate Speech and State Response

 

Hate speech

 

AI notes that in February 2009, the European Commission Against Racism and Intolerance "expressed concerns about a sharp rise in racism in public discourse" (AI 2010). The Hungarian English-language business news service, MTI-EcoNews (n.d.), also reports that the Council of Europe Commissioner for Human Rights, after a visit to Hungary in October 2009, pointed out that "hate speech targeting the Roma minority by some politicians was especially worrying, along with the lack of rejection of such expressions and the lack of preventive measures" (15 Oct. 2009). In 2010, the United Nations (UN) Human Rights Committee also expressed its concern with the country's "virulent and widespread anti-Roma statements by public figures, the media, and members of the disbanded Magyar Garda" (UN 16 Nov. 2010, 5 ). The UN report also pointed to "rising anti-Semitism" and called on the government to adopt measures to promote tolerance and diversity, train judges, prosecutors, and the police in detecting hate and racially motivated crimes, and implement hate speech legislation (ibid.). In May 2011, the UN Special Rapporteur for the Human Rights Council, commenting on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in Hungary, urged the government to take actions to "tackle anti-Semitism" in the country (UN 27 May 2011). The Special Rapporteur also noted that "racism and racial discrimination faced by Roma is particularly blatant" (ibid.)

 

According to the Open Society Foundations (OSF), an international organization that works to build democracies with accountable governments and implements initiatives at the local level (n.d.b), including Roma initiatives focused on integrating the Roma minority in Europe (n.d.a), the "openly anti-Semitic and racist" Jobbik party uses "populist ideas borrowed from left and right, covered with strong hatred of Jews and Roma" (13 Apr. 2010). For instance, the Hungarian Helsinki Committee (HHC) reports that at a festival in Veroce in 2011, "the head of an extremist group (Betyársereg), cooperating with the parliamentary party Jobbik, incited its audience to kill Jews, Roma and people who have 'a different color of skin'" (HHC 12 Aug. 2011). The United States (US) Department of State also indicates that during the festival, a Jobbik member of parliament, Gyula Gyorgy Zagyva, threatened two Hetek newspaper journalists, accusing them of "'Jewish arrogance'," and claiming that "he wanted to 'stamp out their guts'" (US 8 Apr. 2011, 15). An investigation was reportedly initiated by the Vac Municipal Prosecutor's Office, but the case was still pending at the end of 2010 (ibid.). Further information on the case could not be found among the sources consulted by the Research Directorate.

 

The EU's Agency for Fundamental Rights states in its annual report that during the campaign for the European elections, Jobbik continuously used its slogan "'Hungary belongs to the Hungarians' despite the fact that the National Election Committee had banned the slogan" (EU 10 June 2010, 89). According to AI, during municipal elections in 2010, a Jobbik political advertisement referred to "so-called 'Gypsy crime' and claimed a link between crime and ethnicity" (2011). A Roma activist and Member of Parliament, in an interview with the OSF, described the Jobbik as "relentless" in their use of "crude hate speech" in parliament (OSF 1 June 2011). She said that they speak of "'gypsy criminality'" and use "parliament to spread hate speech" (ibid.).

 

State response, including legislation

 

A 2010 joint submission to the UN Human Rights Council by a group of non-governmental organizations (NGOs), including the Chance for Children Foundation (CFCF), the European Roma Rights Centre, Minority Rights Group International, and the HHC, states that the Hungarian government has "not taken sufficient steps to ensure effective implementation of legislation against public authorities in relation to prohibiting incitement to racial discrimination" (CFCF et al. Nov. 2010, para. 5.2). The report indicates that in Hungary, "the incitement of hatred (as well as hate-inspired violence) is a crime, but simple outrageous hate speech is not" (ibid, para. 5.1.). Furthermore, it explains that "any law restricting freedom of speech should require that there be an imminent danger," but because of the courts' inability to adequately assess imminent danger, "hate speeches, such as incitement to hatred are not prosecuted at all" (ibid.). The US State Department also reports that NGOs criticized the courts for "failing to convict persons for inciting hatred unless the crime was accomplished by a physical assault" (US 8 Apr. 2011, 14).

 

In February 2010, the Hungarian Parliament amended the criminal code to criminalize denial of the Holocaust, making it punishable by imprisonment for up to three years (US 9 Apr. 2011, 14; AP 22 Feb. 2010). On 8 June 2010, the law was amended to remove reference to the Holocaust and "broaden[ed] … to cover public denial, expression of doubt, or the minimization of genocide or other acts against mankind committed by either National Socialist or Communist regimes" (US 8 Apr. 2011, 14). The Hungarian Civil Liberties Union (HCLU), a Budapest-based, non-profit legal rights NGO (HCLU n.d.), filed a petition with Hungary's Constitutional Court "to overturn the law," stating that it "imposes serious restrictions on freedom of speech" (ibid.).

 

According to US State Department and AI reports, in 2009, Hungarian public television and radio stations refused to broadcast Jobbik's anti-Roma electoral campaign advertisement (AI 2011; US 8 Apr. 2011, 21) because "it would contravene rules forbidding the denigration of minority groups" (ibid.). However, on 27 November 2009 (ibid.), the National Election Committee ruled that the media had violated the principle of equality of political parties and that the advertisement did not contravene freedom of speech regulations (ibid.; AI 2011). On 4 October 2010, the Constitutional Court concluded that the stations made a mistake by not broadcasting the advertisement (US 8 Apr. 2011, 21).

 

According to a 2011 report submitted by the Hungarian government to the UN's Human Rights Council for its universal periodic review (UPR), the Constitutional Court interpreted hatred as follows:

 

"Hatred is one of the most extreme negative feelings as an intense hostile emotion. (Incitement) is not the expression of some unfavourable and offensive opinion, but such a virulent outburst which is capable of whipping up such intense emotions in the majority of people which, upon giving rise to hatred, can result in the disturbance of the social order and peace. This way, criticism, disapproval, objections or even offensive declarations do not constitute incitement (...)." (Hungary 16 Feb. 2011, para. 34)

 

The government went on to say that

 

[s]everal initiatives were made to broaden the scope of hate crimes, however, the Constitutional Court nullified them. According to the interpretation of the Constitutional Court, freedom of expression could only be restricted on very limited ground. (ibid.)

 

Various sources indicate that a new media law, which came into force in 2011 (Political Capital 22 Jan. 2011; OSF 7 Feb. 2011), restricts media freedom (ibid.; CFCF et al. Nov. 2010, para. 5.4; AI Mar. 2011, 4 ) and, by extension, freedom of expression since a "free, uncensored and unhindered press and other media is essential for the effective exercise of this right" (ibid.). AI notes that

 

[t]he new legislation was criticized by local NGOs, media and the international community over its possible implications, including restrictions on media content, the lack of clear guidelines for journalists and editors and the strong powers of the new regulatory body, which all risk unfairly restricting freedom of expression. (AI 2011)

 

The law established a new state media regulator, the National Media and Infocommunications Authority (NMHH) (also translated as National Media and Telecommunication Authority) (Political Capital 22 Jan. 2011), with which all media must register to publish media content (ibid.; AI Mar. 2011, 8). The NMHH includes an executive board called the Media Council (Political Capital 22 Jan. 2011), whose members are "all members or supporters/delegates" of the ruling Fidesz party (AI Mar. 2011, 9). The Media Council has the power to interpret whether all media comply with the law (ibid.) in "provid[ing] 'true and objective' coverage of national and European affairs; obtain[ing] official registration in order to operate, and refrain[ing] from offending (unspecified) social groups or (undefined) family and religious values" (OSF 7 Feb. 2011).

 

The fine for insulting a "particular group" is reportedly nearly $1 million (RFE/RL 25 July 2011). However, a Radio Free Europe/Radio Liberty reporter claims that the law is being applied with a double standard (ibid.). While a liberal daily is under investigation by the Media Council for online reader comments critical of the Hungarian president, anti-Semitic reader comments published by the pro-government newspaper Magyar Hirlap have gone unremarked by the Council (ibid.).

 

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

 

References

 

Amnesty International (AI). March 2011. Freedom of Expression Under Fire: Briefing to the Hungarian Government on the New Media Legislation. [Accessed 22 Aug. 2011]

 

_____. 2011. "Hungary." Amnesty International Report 2011. The State of the World's Human Rights. [Accessed 29 July 2011]

 

_____. November 2010. Violent Attacks Against Roma in Hungary: Time to Investigate Racial Motivation. [Accessed 16 Aug. 2011]

 

_____. 2010. " Hungary." Amnesty International Report 2010: The State of the World's Human Rights. [Accessed 26 Aug. 2011]

 

Associated Press (AP). 3 April 2011. Pablo Gorondi. "Hungary's Far-Right Jobbik Party Returns to Anti-Roma Campaign in Effort to Regain Popularity." (Factiva)

 

_____. 25 March 2011. Pablo Gorondi. "Trial Begins in Hungary of 4 Men Accused of Deadly Attacks Against Country's Roma Minority." (Factiva)

 

_____. 11 April 2010. Pablo Gorondi. "Hungary's Center-Right Fidesz Gets Landslide in National Elections, Far-Right Jobbik Is 3rd." (Factiva)

 

_____. 22 February 2010. Pablo Gorondi. "Hungary Makes New Effort to Ban Holocaust Denial." (Factiva)

 

The Budapest Times. 3 June 2009. Gergely Kispál. "Police Union-Jobbik Ties Not Kosher: ORFK." [Accessed 22 Aug. 2011]

 

Chance for Children Foundation (CFCF), European Roma Rights Centre, Foundation for the Women of Hungary, Hungarian Association for Persons with Intellectual Disability, Hungarian Civil Liberties Union, Hungarian Helsinki Committee, Legal Defence Bureau for National and Ethnic Minorities, Minority Rights Group International, People Opposing Patriarchy, and The City Is for All. November 2010. Hungary: Submission to the UN Universal Periodic Review. [Accessed 29 Aug. 2011]

 

Election Guide. N.d. "Party Performance: April 11-25, 2010." [Accessed 3 Aug. 2011]

 

Election Resources on the Internet. N.d. Manuel Álvarez-Rivera. "April 11-25, 2010 National Assembly Election Results." [Accessed 3 Aug. 2011]

 

EUobserver.com. 5 April 2011. Leigh Phillips. "The State of Democracy in Hungary: 'The Illness Has Advanced to a New Stage'." [Accessed 2 Aug. 2011]

 

_____. 19 April 2010. Leigh Phillips. "A Far-Right for the Facebook Generation: The Rise and Rise of Jobbik." [Accessed 2 Aug. 2011]

 

_____. N.d. "About Us." [Accessed 3 Oct. 2011]

 

European Union (EU). 10 June 2010. Agency for Fundamental Rights (FRA). Annual Report 2010. [Accessed 11 Aug. 2011]

 

_____. 8 July 2009. European Parliament. "Results of the 2009 European Elections: Hungary." [Accessed 18 Aug. 2011]

 

Freedom House. 27 June 2011. "Hungary." By Balázs Áron Kovács and Flóra Hevesi in Nations in Transit 2011. [Accessed 2 Aug. 2011]

 

The Globe and Mail. 14 April 2010. Doug Saunders. "Election Aftermath." (Factiva)

 

Hungarian Helsinki Committee (HHC). 12 August 2011. "'The Silent Man Is an Accomplice…' The Hungarian Helsinki Committee Turns to the Prosecutor to Investigate and to the Concerned Politicians to Condemn Hate Speech." [Accessed 16 Aug. 2011]

 

Hungary. 16 February 2011. National Report Submitted in Accordance with Paragraph 15 (a) of the Annex to Human Rights Council Resolution 5/1: Hungary. (A/HRC/WG.6/11/HUN/1) [Accessed 1 Sept. 2011]

 

Hungarian Civil Liberties Union (HCLU). N.d. " About Us." [Accessed 13 Sept. 2011]

 

Jobbik. 2010. Radical Change for National Self-Determination and Social Justice: A Guide to Jobbik's Parliamentary Electoral Manifesto. [Accessed 10 Aug. 2011]

 

MTI-EcoNews. 1 September 2010. "Jobbik Proposes to Set Up 'Criminal Zones' Outside Cities." (Factiva)

 

_____. 15 October 2009. "CoE Commissioner Concerned about Extremism, Racism in Hungary." (Factiva)

 

_____. N.d. "MTI-Econews: Instant Economic News and Information." [Accessed 22 Sept. 2011]

 

Open Society Foundations (OSF). 1 June 2011. Bernard Rorke. "'Politics Can Be Different': A Conversation with Agnes Osztolykán." [Accessed 24 Aug. 2011]

 

_____. 7 February 2011. Darian Pavli. "Hungary's Media: The Reform Trap." [Accessed 9 Sept. 2011]

 

_____. 13 April 2010. Bernard Rorke. "The Rise of the Far Right and Anti-Gypsyism in Hungary." [Accessed 23 Aug. 2011]

 

_____. N.d.a. "Roma Initiatives: About This Initiative." [Accessed 7 Sept. 2011]

 

_____. N.d.b. "About the Open Society Foundations." [Accessed 4 Oct. 2011]

 

Political Handbook of the World 2011 (PHW). 2011. "Hungary." Edited by Thomas C. Muller, William R. Overstreet, Judith F. Isacoff, and Tom Lansdorf. Washington, DC: CQ Press. [Accessed 22 Aug. 2011]

 

Political Capital Policy Research and Consulting Institute (Political Capital). 22 January 2011. "The New Hungarian Media Law: Evaluation and Summary." [Accessed 4 Oct. 2011]

 

_____.11 April 2010. " Jobbik Scores Big in Hungary’s Parliamentary Election: Now What?" [Accessed 12 Aug. 2011]

 

Radio Free Europe/Radio Liberty (RFE/RL). 25 July 2011. Ben Cohen. "Hungary's Anti-Semitic Double Standard." [Accessed 7 Sept. 2011]

 

Reuters. 4 August 2011. "Hungary's Fidesz Maintains Poll Lead." (Factiva)

 

United Nations (UN). 27 May 2011. Human Rights Council. "Full Text of the Press Statement Delivered by the United National Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mr. Githu Muigai, on 27 May 2011 in Budapest." [Accessed 25 Aug. 2011]

 

_____. 16 November 2010. Human Rights Committee. Consideration of Reprots Submitted by States Parties Under Article 40 of the Covenant. Hungary. [Accessed 3 Sept. 2011]

 

United States (US). 8 April 2011. Department of State. "Hungary." Country Reports on Human Rights Practices for 2010. [Accessed 25 Aug. 2011]

 

Writer. 11 August 2011. Correspondence with the Research Directorate.

 

Additional Sources Consulted

 

Internet Sites, including: Hungary- House of the Nation, National Election Committee; Magyar Garda; Reporters Without Borders.