Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Hungary (Ratification: 1961)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report, on the following points.

1. The Committee notes the detailed information provided on the structure and activities of the Standing Committee on Human Rights, Minority and Religious Affairs and the Office of National and Ethnic Minorities. It notes that in 2001 a government decree commissioned the Office of National and Ethnic Minorities to organize a large-scale social debate on the discussion material containing the directives of the long-term Roma social and minority policy strategy. The deadline for the said debate was 30 November 2001, after which the long-term strategy was to be finalized and presented to Parliament for approval. The Committee requests the Government to inform it of the progress made in this regard and provide a copy of the long-term strategy upon its approval.

2. The Committee notes the establishment, by Government Order No. 1048/1999 (V.5.), of the Inter-Ministerial Committee on Roma Affairs to coordinate the implementation of the positive action measures outlined in the medium-term action package discussed in previous comments. Members of the Inter-Ministerial Committee on Roma Affairs are to report to the Inter-Ministerial Committee every year on the pro rata temporis implementation of the tasks under the medium-term action package; in this connection, the Government indicates that the implementation of said tasks, according to the reports of the ministries concerned, have been realized in the decisive majority of cases. However, the Committee points out that it has not received information on the manner in which these employment initiatives have been translated into practice or the results achieved by them, as it had previously requested. It therefore asks the Government to supply the abovementioned information.

3. Further to the medium-term action package mentioned above, the Committee notes the Government’s indication that the package’s implementing Order No. 1047/1999 was amended by government decree in 2001. The Committee asks the Government to confirm whether the latter is, in fact, Order No. 1073/2001 on the amendment of Government Decision No. 1047/1999 on the improvement of the living conditions and social status of Roma, and to attach a copy of the Order with its next report.

4. Referring to its previous request asking the Government to indicate whether any modifications to the anti-discrimination legislation had been made or were contemplated, the Committee notes the information contained in the attached Report on the Activities of the Parliamentary Commissioner for the Rights of National and Ethnic Minorities. The report highlights the difficulties encountered in establishing effective minority self-governments and raising educational standards for Roma youth. It indicates that, to address the former problem, an ad hoc committee set up by the Standing Committee on Human Rights, Minority and Religious Affairs had drafted an amendment to the Act on the rights of national and ethnic minorities (LXXVII) of 1993. The draft Bill had been presented to the Parliament in November 2001 but was not placed on the agenda. In respect of the issue of Roma education, the report indicates that the Standing Committee has prepared a draft Bill on the "Fight against racism and xenophobia and for securing equal treatment", one chapter of which concerns discrimination in education. The Committee requests the Government to inform it in its next report of further developments with regard to these legislative initiatives.

5. The Committee notes the Government’s indication that Order No. 6/1982 of the Ministry of Health was annulled by Order No. 33/1988, which was itself modified in 2000. Order No. 33, referred to by the Government as attached to the report, was not received. The Committee asks the Government to provide a copy of this legislation in its next report.

6. The Committee notes the information in respect of the structure and functions of the Women’s Representation Council. In particular, it notes that the Council’s activities include the compilation of publications on the topic of equal opportunity and participation in programmes designed to promote the principle of equal opportunity for men and women. The Committee requests the Government to provide further information with respect to the manner in which these activities are undertaken, including copies of relevant publications and materials, and to indicate the progress achieved by these measures in its next report. With reference to the Government’s statement that the measures outlined in the national action programme were only partially implemented, the Committee asks the Government to inform it of the status of the said measures, including the difficulties encountered in their implementation, and to indicate the results achieved.

7. The Committee notes that, according to the information contained in a document entitled "Labour market in Hungary - 1999", there has been a dramatic decline in the labour market activity of women. Less than half of the women aged 15 to 74, or 45.4 per cent, were present in the labour market in 1999. In this connection, the Committee requests the Government to provide information respecting the measures taken or contemplated to promote the participation of women in all fields of employment and indicate the results secured, including statistical data, by the said measures.

8. The Committee notes the Government’s statement that the cooperation of the social partners is ensured through their participation in various expert committees on equal opportunity. It asks the Government to supply information on the composition of the abovementioned committees and provide particulars on their activities to ensure equality of opportunity of treatment on all of the grounds set forth in Article 1(1)(a) of the Convention.

9. The Committee notes the information in the report, including statistics, on labour inspections covering the employer’s observance of the anti-discrimination legislation pertaining to the employment of women, minors and persons with changed work capacity. It requests the Government to continue to indicate the number of inspections conducted during the reporting period, the number of violations of the discrimination provisions registered, and the action taken to remedy said violations.