19 Amendments of Soraya POST related to 2017/2131(INL)
Amendment 61 #
Motion for a resolution
Annex I – subheading 2 a (new)
Annex I – subheading 2 a (new)
having regard to Act CXI of 2012 on the Amendment of Act CLXI of 2011 on the organisation and administration of courts and Act CLXII of 2011 on the legal status and remuneration of judges in Hungary and to Act XX of 2013 on the legislative amendments relating to the upper age limit applicable in certain judicial legal relations.
Amendment 78 #
Motion for a resolution
Annex I – point 17 a (new)
Annex I – point 17 a (new)
(17a) The International Bar Association’s Human Rights Institute (IBAHRI) expresses in its Report 2015 deep concern that, following the significant legislative reform implemented during Hungary’s incumbent government’s first term in office, the independence and impartiality of the Hungarian judiciary can’t be guaranteed and the rule of law guarantees remain weakened.
Amendment 90 #
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) Between 2012 and 2017, Hungary operated its highly disturbing residency bond program that offered residence permit to some 20 000 people according to reports of investigative journalism. Those who acquired such bonds could maintain a permanent residence permit without limitation. The foreigners did not invest in the residency government bonds directly, but did so through designated intermediary companies with opaque ownership structures. These companies charge 40 000- 60000 euro service fees for their operations, and were hand-picked by the Economic Committee of the Parliament without public tender or legal oversight. Such conditions have created a hotbed for corruption.
Amendment 99 #
Motion for a resolution
Annex I – point 20 c (new)
Annex I – point 20 c (new)
(20c) Several indicators signal high levels of misconduct regarding EU funds. The share of contracts awarded after public procurement procedures that received only a single bid remains high at 36% in 2016. Hungary has the highest percentage in the Union of financial recommendations from OLAF in the areas of Structural Funds and Agriculture for the 2013-2016 period at 4,16% (which is 900% higher than the EU average). Hungary decided not to participate in the establishment of the European Public Prosecutor’s Office.
Amendment 100 #
Motion for a resolution
Annex I – point 20 d (new)
Annex I – point 20 d (new)
(20d) According to the Global Competitiveness Report 2017-2018 the high level of corruption was one of the most problematic factors for doing businesses in Hungary. Since 2008 Hungary has fallen by 19 points in the Corruption Perception Index.
Amendment 130 #
Motion for a resolution
Annex I – point 29
Annex I – point 29
(29) On 17 October 2017, the Hungarian Parliament extended the deadline for foreign universities operating in the country to meet the new criteria to 1 January 2019. Negotiations between the Hungarian Government and foreign higher education institutions affected, in particular, the Central European University, are still ongoing, while the legal limbo for foreign universities remains. Notes that the Central European University complied with the new requirements imposed by the Amendment of Act CCIV of 2011 on National Tertiary Education in due time, but the Hungarian Government is reluctant to sign the reached agreement.
Amendment 150 #
Motion for a resolution
Annex I – point 36
Annex I – point 36
(36) On 13 June 2017, the Hungarian Parliament adopted the draft law with several amendments. In its Opinion of 20 June 2017, the Venice Commission recognised that some of those amendments represented an important improvement but at the same time some other concerns were not addressed and the amendments did not suffice to alleviate the concerns that the law would cause a disproportionate and unnecessary interference with the freedoms of association and expression, the right to privacy, and the prohibition of discrimination. In its concluding observations of 5 April 2018, the UN Human Rights Committee noted the lack of a sufficient justification for the imposition of those requirements, which appeared to be part of an attempt to discredit certain NGOs, including NGOs dedicated to the protection of human rights in Hungary and those working to promote the rights of refugees, asylum seekers and migrants.
Amendment 158 #
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. On 3 March 2018, UN human rights experts warned that the bill would lead to undue restrictions on the freedom of association and the freedom of expression in Hungary. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe on 22 March 2018 requested an opinion of the Venice Commission on the compatibility of the “Stop Soros” draft legislative package with international human rights standards.
Amendment 162 #
Motion for a resolution
Annex I – point 38 a (new)
Annex I – point 38 a (new)
(38a) Ensuring an enabling environment for civil society is an obligation under international human rights and EU law. The measures of the Hungarian government’s to obstruct the work of civil society organisations are contrary to the EU’s founding principles as enshrined in Article 2 TEU.
Amendment 198 #
Motion for a resolution
Annex I – point 48
Annex I – point 48
(48) On 29 June - 1 July 2015, the OSCE Office for Democratic Institutions and Human Rights conducted a field assessment visit to Hungary, following reports about the actions taken by the local government of the city of Miskolc concerning forced evictions of Roma. On 26 January 2016 the Council of Europe Commissioner for Human Rights sent a letter to the Hungarian authorities expressing concerns about the treatment of Roma in Miskolc. The Commissioner for Fundamental Rights and the Deputy- Commissioner for the Rights of National Minorities issued a joint opinion on 5 June 2015 about the fundamental rights violations against the Roma in Miskolc, the recommendations of which the local government failed to adopt.
Amendment 206 #
Motion for a resolution
Annex I – point 50
Annex I – point 50
(50) In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about reports that the Roma community continues to suffer from widespread discrimination and exclusion, unemployment, housing and educational segregation. It is particularly concerned that, notwithstanding the Public Education Act, segregation in schools, especially church and private schools, remains prevalent and the number of Roma children placed in schools for children with mild disabilities remains disproportionately high. It also mentioned concerns about the prevalence of hate crimes and about hate speech in political discourse, the media and on the internet targeting minorities, in particular Roma, Muslims, migrants and refugees, including in the context of government-sponsored campaigns - financed with public money – which have featured fear-mongering and Islamophobic statements and pictures, and led to increased intolerance against Muslims, migrants and people perceived as such. The Committee expressed its concern over the prevalence of anti-Semitic stereotypes. The Committee also noted with concern allegations that the number of registered hate crimes is extremely low because the police often fail to investigate and prosecute credible claims of hate crimes and criminal hate speech. Finally, the Committee was concerned about reports of the persistent practice of racial profiling of Roma by the police. Roma in Hungary, especially in rural areas, are also subject to disproportionate and discriminatory practices by the police. In a case regarding the village of Gyöngyöspata, the HCLU initiated an action popularis lawsuit based on the Equal Treatment Act to denounce the local police that was solely giving fines to Roma for minor traffic offences. The first instance judgement found that the practice constituted harassment and direct discrimination against the Roma even if the individual measures were lawful. The second instance court and the Supreme Court ruled that HCLU could not substantiate discrimination, misusing the special rules on burden of proof. HCLU turned to ECHR concerning the rules on burden of proof and the right to appeal.
Amendment 241 #
Motion for a resolution
Annex I – point 56 a (new)
Annex I – point 56 a (new)
(56a) UN bodies and civil society have stated concerns about the constant association of migrants and Muslims with terrorism, which has led to discriminatory targeting of innocent people under counter-terrorism legislation. The confluence of draconian counter- terrorism laws and crackdown on refugees has led to at least in one instance the government misusing counter- terrorism legislation against a refugee who was helping his family go through the border. Ahmed H. was sentenced for 7 years in prison for an “act of terror.”
Amendment 242 #
Motion for a resolution
Annex I – point 56 a (new)
Annex I – point 56 a (new)
(56a) Is concerned about the mood in society which has been fuelled by the policies implemented in the recent years and the “tax financed” campaigns led by the government against refugees, minorities and other citizens.
Amendment 245 #
Motion for a resolution
Annex I – point 57
Annex I – point 57
(57) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated his concern at measures taken to prohibit rough sleeping and the construction of huts and shacks, which have widely been described as criminalising homelessness in practice. The Commissioner urged the Hungarian authorities to investigate reported cases of forced evictions without alternative solutions and of children being taken away from their families on the grounds of poor socio-economic conditions. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns about state and local legislation, based on the Fourth Amendment to the Fundamental Law, which designates many public areas as out- of-bounds for “sleeping rough” and effectively punishes homelessness. On 15 February 2012 and 11 December 2012 the Office of the UN High Commissioner for Human Rights (OHCHR) called on Hungary to reconsider legislation allowing local authorities to punish homelessness and to uphold the Constitutional Court’s decision decriminalising homelessness.
Amendment 250 #
Motion for a resolution
Annex I – point 58 a (new)
Annex I – point 58 a (new)
(58a) The UN Committee on the Rights of Children’s report on ‘Concluding observations on the combined third, fourth and fifth periodic reports of Hungary’, published in 14 October 2014, voiced concerns over an increasing number of cases where children are being taken away from their family based on poor socio economic condition. Parents may lose their child due to unemployment, lack of social housing and lack of space in temporary housing institutions. Based on a study by European Roma Right Centre, this practice disproportionately affects Roma families and children.
Amendment 252 #
Motion for a resolution
Annex I – point 58 b (new)
Annex I – point 58 b (new)
(58b) Hungary is not in compliance with the European Social Charter on the grounds that Hungary fails to protect its citizens against extreme poverty. Hungary’s workfare program pays less to citizens than the statutory minimum wage. The program creates dependencies and undermines democracy and the rule of law.
Amendment 253 #
Motion for a resolution
Annex I – point 58 c (new)
Annex I – point 58 c (new)
(58c) This winter, 149 people froze to death in Hungary by mid-February. This was reported by the Internet portal “24.hu” on Tuesday, citing the Hungarian Social Forum (MSZF), a network of independent aid organisations. 47 percent of the victims are people living in poverty and frozen to death in their unheated homes, the report said. The others died of frostbite they had suffered outdoors.
Amendment 254 #
Motion for a resolution
Annex I – point 58 d (new)
Annex I – point 58 d (new)
(58d) whereas Hungary signed the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention)in 2014, but has not yet ratified it. Calls on the Hungarian government to ratify the Istanbul Convention as soon as possible.
Amendment 255 #
Motion for a resolution
Annex I – point 58 e (new)
Annex I – point 58 e (new)
(58e) Recognises the efforts taken in the anti-human trafficking laws and encourages the government to continue and improve the services of victim support by strengthening victim- and women rights organisations.