In June 2001, Hungary passed the Act On Hungarians Living In Neighbouring Countries, (also known as the status law) which originally appeared to give ethnic Hungarians who were neither citizens of Hungary, nor residents of Hungary, specific rights guaranteed by the Government of Hungary (REF/RL 4 Oct. 2001; Hungarian Lobby n.d.; BBC 1 May 2004; IRR 1 Aug. 2002; Southeast European Times 9 Jan. 2002). These rights included an annual three-month work permit in Hungary, medical care, pension benefits, access to railway travel discounts, scholarships to Hungarian higher-education institutions, free training for teachers and an annual allowance for families with two or more children attending a Hungarian-language school (RFE/RL 4 Oct. 2001).

The Act was amended in June 2003 after neighbouring countries criticized Hungary for interfering with their sovereignty and discriminating against other ethnic groups (BBC 1 May 2004; ibid. 24 June 2003).

A memorandum of understanding between the governments of Hungary and Romania says, "All Romanian citizens, notwithstanding their ethnic origin, will enjoy the same conditions and treatment in the field of employment on the basis of a work permit on the territory of the Republic of Hungary" (Hungary, 22 Dec. 2001).

In a 21 April 2004 telephone interview, the head of the department of the Government Office for Hungarian Minorities Abroad, explained that a Romanian citizen who is a member of the Hungarian minority would have the same rights as a citizen of any other country to apply for immigration or for a visa in Hungary (Hungary, 21 Apr. 2004a).

A representative from the Hungarian Ministry of Foreign Affairs corroborated this information (21 Apr. 2004b).

Both representatives explained that ethnicity would play no part in the rights of a non-citizen to apply for visas to live, work or study in Hungary (Hungary, 21 Apr. 2004a; ibid. 2004b). However, the representative of the Government Office of Hungarian Minorities Abroad expressed the opinion that the application procedure for ethnic Hungarians may be shorter than for other applicants (21 Apr. 2004a).

Both representatives agreed that a non-citizen in Hungary could be compelled to leave Hungary regardless of ethnicity (Hungary, 21 Apr. 2004a; ibid. 2004b).

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 additional sources consulted in researching this Information Request.

References

BBC 1 May 2004. 'Timeline: Hungary A Chronology of Key Events.' http://news.bbc.co.uk/1/hi/world/europe/country_profiles/1054642.stm [Accessed 5 May 2004]

_____. 24 June 2003. 'Hungary Amends 'Status' Law.' http://news.bbc.co.uk/1/hi/world/europe/3015152.stm [Accessed 26 Apr. 2004]

Hungary. 21 April 2004a. Government Office for Hungarian Minorities Abroad. Telephone interview with the head of the department.

_____. 21 April 2004b. Ministry of Foreign Affairs. Telephone interview with representative.

_____. 22 December 2001. Government Office for Hungarian Minorities Abroad. "Memorandum of Understanding Between the Government of the Republic of Hungary and the Government of Romania Concerning the Law on Hungarians Living in Neighbouring Countries and Issues of Bilateral Co-operation." http://www.htmh.hu/dokumentumok/memorandum.htm [Accessed 21 Apr. 2004]

Hungarian Lobby: Hungarians for Human Rights. n.d. 'Act On Hungarians Living In Neighbouring Countries.' http://hungaria.org/hal/lobby/index.php?halid=6&menuid=118 [Accessed 26 Apr. 2004]

Institute of Race Relations (IRR). 1 August 2002. Liz Fekete. "Discriminatory Status Law Provokes Dispute." http://www.irr.org.uk/europebulletin/hungary/violence_harassment/2002/ak000003.html [Accessed 26 Apr. 2004]

Radio Free Europe (RFE/RL). 4 October 2001. Eugen Tomiuc. "Hungary: Status Law Causing Dispute With Neighbors." http://www.rferl.org/features/2001/10/04102001123954.asp [Accessed 26 Apr. 2004]

Southeast European Times. 9 January 2002. "Ethnic Hungarians Apply for IDs Under Hungarian Status Law." http://www.balkantimes.com/html2/english/020109-SVETLA-001.htm [Accessed 26 Apr. 2004]

Additional Sources Consulted

Internet sites: Australia Visa, Council of Europe, European Roma Rights Center, Human Rights Watch, Hungarian Helsinki Committee, INTERIGHTS: The International Centre for the Legal Protection of Human Rights, Migration Policy Group, Office of Immigration and Nationality Ministry of Interior (Hungary), Open Society Institute, US Committee for Refugees.