- Update info:
- 20 Jun 2017 (Suspended)
- Latest info:
- 2 Jun 2017
- Country:
- REPUBLIC OF HUNGARY
- Subject:
- NGOs in Hungary
Gender m/f: all
- Period:
- 20 Jul 2017
- Distribution date:
- 2 Jun 2017
- UA No:
- 119/2017
A draft law targeting Hungarian NGOs receiving funding from abroad on the grounds that they represent “foreign interests” is expected to be voted by the National Assembly on 12-15 June. If passed, the law would be the latest step in the crackdown on civil society in Hungary. It would become a tool to discredit and intimidate NGOs and undermine their capacity to protect human rights and provide valuable services to Hungarian people.
The draft “Law on the Transparency of Organisations Funded from Abroad” (T/14967), submitted to the National Assembly on 7 April by members of the governing Fidesz party, would force Hungarian NGOs receiving more than 7.200.000 HUF (approx. € 24,000) per year from abroad to register as “civic organisations receiving foreign funding” and to put this label on all their publications. This includes funding from all international sources not managed by a central Hungarian budgetary institution. Organisations which fail to comply with the new requirements would face sanctions that could go up to dissolution.
The draft is currently under discussion in the Hungarian National Assembly and the vote is expected to take place during the 12-15 June plenary seating.
This proposal is the latest step in the crackdown on civil society in the country. By forcing NGOs to label themselves as “foreign funded”, the Hungarian government is seeking to discredit their work and turn people against them. The rationale of the proposal suggests that NGOs funded from abroad may serve “foreign interests” and their funding can contribute to “endangering the sovereignty and national security of Hungary”. Existing legislation in Hungary already ensures transparency and accountability for NGOs and the effect of this law will only be to stigmatize, discredit and intimidate NGOs. It will also undermine the capacity of NGOs to promote and defend human rights and provide valuable services to people in Hungary by significantly increasing their administrative burdens. The government has staunchly attacked several NGOs, human rights defenders, watchdogs and environmental activists.
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ADDITIONAL INFORMATION
Existing legislation in Hungary already ensures transparency and accountability for NGOs. The draft law would further shrink the space for civil society and would particularly restrict the work of those working to promote and defend human rights and provide valuable services to society. The Law CLXXV of 2011 on the right to association, the public benefit status, and the operation and support of civil society organizations, (Sections 20, 29-30) prescribes detailed reporting requirements for civil society organisations.
A European Parliament (EP) resolution of 17 May 2017 on the situation in Hungary (2017/2656(RSP)) asked that the Hungarian government withdraw the draft law. The resolution stresses that the European Union (EU) – which Hungary joined in 2004 – is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Following the EP resolution, which also noted with concern that the current situation in Hungary represents a clear risk of a serious breach of the founding values of the EU, members of the Hungarian government declined to withdraw or to amend the proposal.
The draft law has been received with concern by independent experts on the rights to freedom of assembly and expression and human rights defenders, including the Council of Europe Commissioner for Human Rights and UN Special Rapporteurs. The draft law is currently being reviewed by the Venice Commission of the Council of Europe, which will deliver its opinion in June.
International law and standards guarantee the right to freedom of association, which includes the right to form and join formal or informal groups to take collective action, a critical element of the work of human rights defenders. States have an obligation to provide the legal framework for the establishment of associations, must abstain from unduly obstructing the exercise of this right. The right to solicit, receive and utilize resources, including from international sources, is an essential element of the right to association and it is also enshrined in UN Declaration on Human Rights Defenders.
For information on recent attacks on NGOs, see Amnesty International’s 2015 report: https://www.amnesty.org/en/documents/eur27/0001/2015/en/
Further information on UA: 119/17 Index: EUR 27/6366/2017 Issue Date: 26 May 2017
- Update info:
- 20 Jun 2017 (Suspended)
- Latest info:
- 2 Jun 2017
- Country:
- REPUBLIC OF HUNGARY
- Subject:
- NGOs in Hungary
Gender m/f: all
- Period:
- 20 Jul 2017
- Distribution date:
- 20 Jun 2017
- UA No:
- 119/2017
President Janos Ader has signed a law targeting Hungarian NGOs which receive funding from abroad, on the grounds that they may represent “foreign interests. Once the law takes effect, it will be a new tool to discredit and intimidate NGOs and undermine their capacity to protect human rights and provide valuable services to Hungarian people.
On 16 June, President Janos Ader signed the “Law on the Transparency of Organizations Funded from Abroad” (T/14967) and announced he did not have any concerns about its contents. It had previously been approved by the National Assembly on 13 June and will soon be published in the Hungarian Gazette – thereby triggering the registration and labelling requirements – and take effect eight days after publication.
The law, submitted to the National Assembly on 7 April by members of the governing Fidesz party, will force Hungarian NGOs receiving more than 7,200,000 HUF (approx. €24,000) per year from abroad to register as “civic organizations receiving foreign funding” and to put this label on all their publications. Organizations which fail to comply with the new requirements will face sanctions that could go up to dissolution. This is the newest step by the government to intimidate and silence critical voices and NGOs delivering essential services to citizens and refugees and migrants in the country. While the proposal was under discussion in the National Assembly, the government continued to denounce and discredit NGOs and accused several of them of undermining national sovereignty.
The adopted law, by only applying to certain types of civil society organizations will discriminate against these NGOs and impose limitations on their right to association. The right to be protected from discrimination is enshrined in the constitution (Article XV). Amnesty International will continue to challenge this law which violates the right to freedom of association, including the right to seek, receive and use funding from foreign and international sources.
No further action is required of the UA network at this time. Many thanks to all who sent appeals.
This is the second update of UA 119/17. Further information: www.amnesty.org/en/documents/eur27/6514/2017/en/
Further information on UA: 119/17 Index: EUR 27/6533/2017 Issue Date: 16 June 2017
