Hungary

• Adoption of Hungary's Universal Periodic Review amidst increasing civic space restrictions

  Universal Periodic Review on Human Rights -- Outcome Adoption for Hungary

  Delivered by Nicola Paccamiccio

  Thank you, Mr President.

  Mr President, CIVICUS welcomes the government of Hungary's engagement with the UPR process.

  Since its last review, Hungary failed to implement any of its 33 recommendations relating to civic space. We regret that Hungary accepted just 13 of the 31 civic space recommendations it received during this cycle.

  Space for civil society is increasingly being restricted in Hungary.

  Civil Society Organisations (CSOs) have faced ongoing attempts to restrict their funding. Although the government repealed the Lex-NGO foreign funding law which was declared unlawful by the European Court of Justice in June 2020, it adopted a new law that threatens the work of NGOs by permitting the State Audit Office to selectively audit NGOs which have a budget that exceeds 20 million forints (55,000 Euros).

  The Hungarian government also gave up 2,3 billion Norwegian kroner (€220 million) which it was set to receive from the European Economic Area (EEA) and Norway Grants for civil society. It set up the Urban Civic Fund (Városi Civil Alap) to replace the Norway Grants which has been financing ‘NGOs’ directly controlled by or linked to politicians of the Fidesz governing party.

  The ongoing erosion of LGBTQI+ rights remains a concern, with the government passing several restrictive pieces of legislation which directly target LGBTQI+ people. The latest anti-LGBTQI propaganda law bans LGBTQI+ media, advertising and educational materials and has resulted in limiting freedom of expression and association for LGBTQI+ focused CSOs.

  Media independence has been repeatedly threatened as a result of ongoing political influence over Hungary’s media regulatory bodies, with the government's control over the National Media and Communications Authority (NHHH) and its Media Council resulting in diminishing space for independent media. We particularly regret that Hungary did not accept recommendations to take specific measures to ensure media freedom.

  Independent media have frequently been denied access to information; however, this practice has  further worsened during the COVID-19 pandemic. For example, journalists report being denied access to interview health experts and being barred from hospitals, with the government recently passing a decree stating that only the Operational Tribunal, the government centre in charge of managing the pandemic, would decide on press and media accreditation for journalists to access hospitals. 

  A recent investigation revealed that the government used Pegasus spyware to surveil investigative journalists.

  Mr President, CIVICUS calls on the Government of Hungary to take concrete steps to address these concerns, including by withdrawing restrictive legislation and amendments that restrict the activities of civil society organisations and their funding and refraining from obstructing the work of independent journalists.

  We thank you.

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   Civic space in Hungary is rated as obstructed by the CIVICUS Monitor

• Advocacy priorities at 44th Session of UN Human Rights Council

  The three-week human rights council sits from 30 June to 17 July, and there are a number of critical human rights resolutions up for debate, and for the 47 Council members to address. CIVICUS will be conducting and presenting evidence on a variety of thematic and country-focused issues. Full overview below:

  Country-specific situations

  The Philippines (Civic space rating:Obstructed)

  Our members on the ground have documented serious human rights violations, including attacks on fundamental freedoms and against human rights defenders and journalists. Thousands of people have been killed in extra-judicial executions perpetrated by authorities with the full backing of the Duterte government in the context of their so-called ‘war on drugs'. Recently the country has been added to the CIVICUS Monitor's Watchlist, while the Office of the High Commissioner on Human Rights released a damming report on the country. We urge member states to deliver a strong resolution during the council to hold the government to account.

  United States of America (Civic space rating:Narrowed)

  Hundreds of thousands of people have taken to the streets across the United States to protest the murder of George Floyd by police in Minneapolis on 25 May. Their demands for justice for George Floyd and other Black people unlawfully killed at the hands of police have been met with force. The US has been added to the CIVICUS Monitor’s Watchlist as a result of attacks against protesters and the media. CIVICUS reaffirms that the right to protest, as enshrined in international law, must be protected.  CIVICUS urges the member states and observers of the Human Rights Council to raise such attacks in the Interactive Dialogues with the Special Rapporteur on freedom of peaceful assembly and association, and in the Interactive dialogue with the Special Rapporteur on racism.

  Eritrea (Civic space rating:Closed)

  As Eritrea has entered the second year of its Council membership term, its domestic human rights situation remains dire. A free and independent press continues to be absent from the country and 16 journalists remain in detention without trial, many since 2001. Impunity for past and ongoing human rights violations is widespread. Violations continue unabated, including arbitrary arrests and incommunicado detention, violations of the rights to a fair trial, access to justice and due process, enforced disappearances. During this session, the mandate of the Special Rapporteur on Eritrea is up for renewal. We urge States to support its adoption, in light of the lack of progress and accountability in the country.

  China (Civic space rating:Closed)

  50 UN experts have called on the Human Rights Council to take immediate action on grave human rights abuses in China, including Hong Kong and Xinjiang. This week Hong Kong's new national security law came into force, risks destroying Hong Kong's  free and open civil society, including media outlets. Already someone has been arrested for displaying a pro-independence flag. Urgent action is needed. CIVICUS fully support the proposal from UN experts to establish a UN mechanism to closely monitor, analyse and report annually on the human rights situation in China. At the very least, States should demand in dialogues that China fulfills its human rights obligations.

  Hungary (Civic space rating:Obstructed)

  There has been a rapid decline in civic freedoms in Hungary. The government has criminalised fake news about the pandemic, with penalties of up to five years in prison. To date, the police have initiated criminal proceedings against nearly 100 people. During the pandemic, Prime Minister, Viktor Orbán was able to temporarily rule by decree, which has set a dangerous precedent for Orbán to further consolidate power, restrict rights and bypass constitutional safeguards. The country has been added to the CIVICUS Monitor's Watchlist. CIVICUS recommends that UN member states raise concerns about Hungary and how it has used COVID19 as a smokescreen to close civic space and target its critics.

  Thematic mandates

  Civic freedoms in the age of COVID-19

  The COVID-19 pandemic has exacerbated human rights challenges worldwide. As countries have grappled to respond, CIVICUS has documented multiple instances of such responses restricting civic space, including: 

  • Unjustified restrictions on access to information and censorship
  • Detentions of activists for disseminating critical information
  • Crackdowns on human rights defenders and media outlets
  • Violations of the right to privacy and overly broad emergency powers

  In a report that will be presented at this Session, the Special Rapporteur on freedom of expression set out a number of recommendations for States in order to guarantee freedom of expression during a pandemic. Chief among these was ‘Ensuring accountability, such that no State is free to use this public health crisis for unlawful purposes beyond the scope of the health threat.’

  Peaceful Protests

  This Session will see a resolution on peaceful protests debated by the Council. The resolution provides an opportunity to push for reforms of protest laws and police tactics, and to strengthen accountability frameworks for violations during protests. We urge States to propose language which reflects the current situation of impunity for violence against peaceful protesters by state and non-state actors.

  Human rights and Migration

  This Session, the Special Rapporteur on human rights and migration will deliver a report on migration and freedom of association, which included key recommendations for States to ensure that freedom of association is protected. We call on States to use the Interactive Dialogue on the Special Rapporteur’s report to make public commitments to protect the right to freedom of association for migrants, and to co-sponsor the resolution due for presentation at the Session which will renew the mandate of the Special Rapporteur.

  Current council members:

  Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

  Civic space ratings from the CIVICUS Monitor

  OPEN	NARROWED	OBSTRUCTED	REPRESSED	CLOSED

   

• CIVICUS' United Nations Universal Periodic Review (UPR) Submissions on Civil Society Space

  CIVICUS and its partners have submitted joint and stand-alone UN Universal Periodic Review (UPR) submissions on 4 countries in advance of the 39th UPR session in October 2021. The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

• COVID-19 has presented opportunities and challenges for civil society

  Statement at the 45th Session of the UN Human Rights Council

  Interactive Dialogue with the UN High Commissioner for Human Rights on COVID-19

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  Thank you, Madame President; High Commissioner.

  The COVID 19 pandemic has presented opportunities and challenges for civil society. The CIVICUS Monitor, a research tool that provides real-time data on the state of civil society, has identified worrying trends which have undermined civic space, including, inter alia:

  • Unjustified restrictions on access to information and censorship, notably in China and Brazil;
  • Detention of activists for disseminating critical information, for example in Iran and India;
  • Crackdowns on human rights defenders and media outlets in Niger, Honduras and Venezuela; and
  • Violations of the right to privacy and overly broad emergency powers, as in Hungary and Cambodia.

  Despite these barriers, we have seen civil society respond as a vital stakeholder in addressing the health and economic crisis precipitated by COVID-19.

  Community organisations are distributing food and delivering aid to people unable to work during lockdowns. CSOs are raising money for emergency relief, medical supplies and personal protective equipment for health workers. In India, CSOs have reportedly outperformed state government in providing humanitarian relief to migrant labourers and the poor in 13 states.

  Beyond relief efforts, rights groups are holding authorities to account. In Zimbabwe, the advocacy group Lawyers for Human Rights secured an urgent application to stop abuses by the country’s security forces.

  We thank the High Commissioner for recognising the fundamental role that an open civic space has in addressing emergencies. We echo her calls for states to refrain from using the crisis as an opportunity to crack down on critics. Indeed, in a time of crisis, participation of civil society is key to building back better. 

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  Current council members:

  Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

  Civic space ratings from the CIVICUS Monitor

  OPEN	NARROWED	OBSTRUCTED	REPRESSED	CLOSED

   

• Hungary new Bill aims to silence civil society that criticises the state

  CIVICUS speaks to Anita Koncsik of the Hungarian Civil Liberties Union (HCLU) on the recent Bill on transparency of organisations receiving foreign funding. Anita also speaks on the recent massive protests in the country and the general operating environment for civil society. For over two decades, the Hungarian Civil Liberties Union has been active in protecting the rights of citizens against undue interference by those in position of public power.

  1. What are the main concerns of civil society over the draft bill “on transparency of organisations receiving foreign funding” that was presented to the Hungarian Parliament on 7 April?

  First and foremost, the Bill is not necessary at all. NGOs are complying with already existing comprehensive transparency requirements. Act CLXXV of 2011 on the Freedom of Association, on the Non-profit Status and on the Operation and Support of Civil Organizations also known as the Civil Act already regulates which financial statements have to be presented for meeting transparency standards. For example ourselves as the Hungarian Civil Liberties Union we have to create 4 annual reports - including one focusing on donations. While we believe that accountability in both the governmental and non-governmental sphere is important, the new regulation clearly serves other interests. That is the reason why it is embedded into the smear campaign of the government that was initiated 4 years ago against NGOs that dare to take a critical stance against its measures. The very existence of the Bill is an attempt to silence or threaten critical voices. It therefore violates freedom of expression, good reputations and it serves to stigmatise NGOs (therefore is discriminative) and infringes on the privacy of donors as well.

  2. The government says the law is necessary to guard against money laundering and terrorism. How is civil society responding to these concerns and what accountability mechanisms are in place?

  This is a hypocritical argument coming from a government that has allowed several grey zones for financial maneuvers, like stability savings account (which is explicitly state supported money laundering) or the concept of settlement bonds (invented by a minister of the government who himself is known to channel public resources to unidentified offshore brokers without any legitimate reason at all). But apart from the government’s deflective argumentations, there are already accountability mechanisms in place anchored in the aforementioned Civil Act. NGOs that do not receive Hungarian public funds (like HCLU) have to publish an annual financial report, a non-profit report (as an annex to the report deposited at the registering court), and a report on donations.

  Anti-money laundering measures affect mostly the private financial sector in Hungary and these measures are usually the subject of criticism from both of Hungarian and international experts for lacking proper risk assessment of sufficient depth with regard to potential threats, vulnerabilities and their consequences in general. According to the expert group MONEYVAL of Council of Europe, Hungary should conduct a formal review of the entire non-profit organisation (NPO) sector in order to identify NPOs that could potentially pose a higher risk of financing terrorism. But this recommendation puts emphasis on a substantiated review of the sector and if the government concludes that the existing frameworks and measures are not good enough to protect the sector, the newly adopted laws/measures must be proportionate and targeted (but not tailored to target NGOs that criticise government). We are not aware of the occurrence of any such review. The new Bill clearly does not serve anti-money laundering purposes. In addition, if the regulation enters into force, MONEYVAL still can consider the aforementioned recommendation unfulfilled - based on overregulation and discrimination - alongside with other recommendations that the government is not so eager to address such as rectifying shortcomings of the mechanism for verifying the information on beneficial owners of financial institutions. Therefore meeting international standards is not the motive behind the legislation.

  3. What other motivations does civil society believe lie behind the government’s actions?

  This proposal clearly fits into the hostile anti-NGO campaign that was initiated 4 years ago, during which Prime Minister Viktor Orbán denounced human rights NGOs as agents of foreign political interests, endorsed the idea of “illiberal state” and rhetorical attacks were accompanied by a series of administrative checks and criminal investigations. Eventually, all investigations were dropped and none yielded any finding of wrongdoing or irregularities, but - in 2016, after a two and a half year long legal procedure - HCLU shed light on the fact that the government control investigations were ordered by the Prime Minister himself which proves the pure political nature of the audits.

  In the meantime, government propaganda started to portray NGOs that criticise it as a national security risk. MP Szilárd Németh, vice president of the Fidesz and of the Parliament’s National Security Committee announced in September of 2016 in an interview that he requested the national security services to inspect organisations “cooperating with the Soros-network”. The MP stated that he had identified 22 such organisations, and claimed that these organisations openly violate Hungarian and European laws, and participate in politics unlawfully with “black money”. It must be noted that in Hungary secret services can gather information without a judicial warrant when it is related to national security risks, therefore safeguards and independent oversight of the covert information-gathering is missing, which contradicts international law of course.

  After a short break, in December 2016, Prime Minister Orbán announced that in 2017, states would aim to “drive out” from their countries George Soros and also the organisations he supports.

  A month later, Fidesz Vice President Szilárd Németh, one of the MP’s who is currently submitting the Bill, said: “The Soros empire’s fake civil organisations are maintained so that global capital and the world of political correctness can be imposed on national governments. These organisations have to be rolled back with all available tools, and I think they have to be swept out of here.”

  These statements reveal the true aim of the illiberal Hungarian government: the Bill is the latest attempt to stigmatise and silence those who voice critical opinions about public affairs.

  4. Can you tell us about recent mass protests that occurred over the possibility of the closure of the Central European University.

  The adopted and promulgated Bill aimed clearly at undermining operation of Central European University (CEU) in Hungary. The proposal was amending the Act CCIV of 2011 on National Higher Education enacting new requirements for domestic operation that extend beyond already existing accreditation criteria (and the recognition of foreign accreditation). The purpose of the amendment was to enable politics to intrude into education, making the operation of universities subject to these regulations (currently that covers exclusively CEU) depending on political will. Opponents were protesting against unconstitutional restriction on educational and academic freedom and freedom of research, joined by thousands of Hungarians outraged over the latest anti-EU government propaganda campaign in the form of another “national consultation,” (calling on Hungarians to “stop Brussels”). It also has to be noted that as a reaction to the first protests, the government only accelerated the legislative procedure aiming at prohibiting real political discussion about the amendment. During the mass protest other buzzwords emerged, like protest against the illicit closure of the left-wing broadsheet Népszabadság, restrictions on freedom of expression and fighting propaganda of the FIDESZ media empire (including public television channels) and against social exclusion and xenophobia fueled by the government, etc.

  
  5. Can you describe the overall environment for CSOs in Hungary? Do different CSOs experience different attitudes from the state?

  Yes, they do experience different treatment depending on which financial resources they have access to and how critical they dare to be of the government. Besides the blacklisted Soros-network NGOs, there are Hungarian GONGOs, like the Civil Cooperation Forum [Civil Összefogás Fórum (CÖF)] that is the organiser of pro-government “peace rallies” and participated very actively in the electoral campaign of 2014 on the side of the governing parties. CÖF claims to finance the organisation’s operations exclusively through private donations. It is not clear from their reports, though, who these donors are and CÖF has a proven connection to a FIDESZ party Foundation from which it has received tens of millions of forints. Transparency of such organisation, however, is not an issue according to the government.

  Besides, government propaganda created a (false) link between human rights defense and terrorism, since according to the governmental narrative, the refugee phenomenon is the radix malorum of terrorism and there is a vocal group of human rights NGOs that still devote attention to refugee rights and try to help in spite of the current hostile circumstances. These NGOs therefore are face charges of supporting terrorism by increasing the terror threat level of the country.

  6. Given the government’s attitude towards civil society, what support can international and regional groups offer to civil society organisations in the country?

  Opposing the Bill and the threats to fundamental freedoms and CSOs in Hungary, is crucial right now on both an international and a domestic level. We ask our partner organisations to express their views, and also call on their government representatives to convey these concerns to the representatives of the Hungarian government. Besides moral support and creating a pressure on the government, it is equally important to maintain financial security and independence of these organisations, therefore helping with widening the scope of international fundraising is also appreciated. The international community can be the biggest listed donor of these organisations that could be used against government pro bill arguments.
  
   
  • The Hungarian Civil Liberties Union monitors legislation, pursues strategic litigation, conducts public education and launches awareness raising media campaigns. It stands by citizens unable to defend themselves, assisting them in protecting their basic rights. Our lawyers provide free legal aid service in about 2 000 cases per year and this number is increasing.

  Visit the Hungarian Civil Liberties Union Facebook page here or here or on Twitter account @HCLU or @tasz_hu 

  Hungary is rated as obstructed by the CIVICUS Monitor

• HUNGARY: ‘The government is masking anti-LGBTQI+ legislation under the narrative of children protection’

  CIVICUS speaks about the Hungarian government’santi-LGBTQI+ campaign with Imre Zsoldos of the Hungarian LGBT Alliance.

  Founded in 2009, theHungarian LGBT Alliance is an umbrella civil society organisation (CSO) that brings together seven LGBTQI+ groups with the aim of promoting communication, cooperation and joint action to confront social rejection, prejudice and discrimination against sexual minorities in Hungary.

  What are the latest developments in the government-led anti-LGBTQI+ campaign?

  To begin with, Hungarian legislation explicitly forbids same-sex registered partners from adopting children. There is another law prohibiting unmarried single people from adopting children unless they have a special permit issued by the Minister for Families, which has been made almost impossible to get to prevent same-sex parents adopting separately.

  On top of this, in April 2023 the Hungarian parliament passed a bill enabling people to anonymously report on same-sex couples raising children, or those who contest the ‘constitutionally recognised role of marriage and the family’ or children’s rights ‘to an identity appropriate to their sex at birth’. This law specifically targeted rainbow families and transgender young people. No specific evidence or details would be needed to report same-sex families and other ‘offenders’ to the authorities. The law also mandated the establishment of a reporting platform.

  President Katalin Novak did not sign the bill into law, arguing it weakened the protection of fundamental values, and sent it back to parliament for reconsideration. My assumption is that parliament will pass it again with some changes.

  Previously in March, the government filed a counter claim to the Court of Justice of the European Union (EU) to defend an education law passed in 2021, which was in fact just another anti-‘gay propaganda’ law. Initially, the law was meant to impose harsher punishment for sexual offences against minors, but legislators from the ruling Fidesz party introduced several changes so that the law ended up criminalising the portrayal or ‘promotion’ of homosexuality or sex reassignment to minors and restricting sexual education in schools. It was condemned by 17 EU member states.

  The 2021 Child Protection Act enshrines children’s right to ‘education in accordance with the values based on Hungary's constitutional identity and Christian culture’. The government is masking anti-LGBTQI+ legislation under the narrative of child protection, portraying LGBTQI+ people as paedophiles and claiming it is trying to ‘save the children’ from us.

  The same narrative is also used to criticise the EU: the government claims the EU suspended over €6 billion (approx. US$6.5 billion) in funds for 2021-2027 because it promotes paedophilia, while in fact the funds were cut off due to a decline in the rule of law and judicial independence and concerns about corruption.

  How is the government’s anti-LGBTQI+ campaign affecting people?

  This hostile rhetoric resembles the way Jewish people and other minorities were targeted in the run-up to the Second World War. We are losing the feeling of security in our own society. We feel outlawed and can’t understand how this can be happening in Europe nowadays. Many LGBTQI+ people are starting to think about whether we should leave the country before it’s too late.

  Public attitudes to the government’s anti-LGBTQI+ campaign are shifting both ways, since everyone is reacting to the portrayal of LGBTQI+ people as a public enemy. On one side of the divide, people are getting outraged by the government’s propaganda and hence showing more support and understanding. On the other side, people are beginning to feel emboldened and legitimised to express discriminatory thoughts and act in discriminatory ways.

   

  What are the conditions for LGBTQI+ organisations in Hungary?

  The majority of Hungarian LGBTQI+ organisations are run by volunteers because they very rarely have resources to pay employees, especially in fixed positions. Our funding is strictly tied to projects to be implemented.

  As all the major media platforms are in the hands of the government, our opportunities to shift public opinion are really limited. We can only use CSOs’ social media and websites for advocacy. For example, one of the members of the Hungarian LGBT Alliance is the Rainbow Families Foundation. It ran a large campaign, ‘Family is Family’, that reached an extensive audience thanks to a TV station broadcasting the campaign in prime time. But then the media authority fined the TV station, saying it’s only allowed to broadcast this kind of advertisement at night because its depiction of homosexuality sensitively affects children under 16, causing misunderstanding, tension and uncertainty among them. A court eventually nullified the media authority’s decision, but this kind of decision is why there is almost no newspaper or TV station where we could have the space to effectively resist the government’s anti-LGBTQI+ campaign.

  Activists are targeted by the authorities in diverse ways, such as smear campaigns fuelled by the dissemination of fake information about them, as well as audits and controls on their private or family businesses or pressure in their workplaces or on family members who hold any state position. This creates a constant stress situation, since we never know when, where or how we will be targeted.

  But despite the hardship, we are doing our best to create safe places, build a community and provide legal and other forms of help to LGBTQI+ people.

  What further support does Hungarian civil society need?

  Alongside financial support, it would be extremely helpful – not only for LGBTQI+ people but also for other minorities, the political opposition and civil society as a whole – to have a widely accessible communication platform to reach older people beyond the capital, Budapest. While we can easily reach out to young people through social media, we are unable to reach those who get their information from television, newspapers and their churches, all of which are predominantly controlled by the government.

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  Civic space in Hungary is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with the Hungarian LGBT Alliance through itswebsite or itsFacebook page.

• HUNGARY: ‘Trans people are having our rights being taken away’

   

  A new law in Hungary, passed at the height of the COVID-19 pandemic, prevents trans people from legally changing their gender. CIVICUS speaks to Krisztina Kolos Orbán, Vice-President of the Transvanilla Transgender Association, a Hungarian organisation that advocates for trans people’s rights. Founded as a grassroots initiative in 2011, Transvanilla is the only organisation registered in Hungary with an exclusive focus on transgender rights and gender non-conforming issues. It drives advocacy on gender recognition and trans-specific healthcare at the national level. It also monitors discrimination and violence based on gender expression and gender identity and facilitates community gatherings and other events to raise the visibility of transgender issues and transgender people in Hungary.

  

  What has been the situation of LGBTQI+ rights in Hungary over the past few years?

  In 2012, ILGA Europe ranked Hungary ninth among 49 European countries regarding the rights of LGBTQI+ people, but in 2019 we had regressed to 19th and in 2020 we have further dropped down to 27th. This past year Hungary’s rating has declined the most, and there are various reasons. In 2012 things looked pretty good on paper, but since then new measures were introduced as the human rights landscape has changed. Hungary has not moved forward or followed international recommendations. The other factor has been the huge backlash that we have experienced over the past couple of years. Previously this government had not taken rights away from people, although it had certainly tried, and we knew that it was not LGBTQI+-friendly. But now we are having our rights being taken away. 

  If we focus on transgender rights, gender identity is a specific ground mentioned in our legislation on both anti-discrimination and hate crimes, which appears to be rather good. But this only exists on paper, as no hate crimes based on gender identity have been taken to court thus far. Similarly, there have been very few cases focused on anti-discrimination because the law is not being implemented. There is no national action plan to combat discrimination based on gender identity.

  Therefore, transgender rights were never guaranteed by law. When it comes to legal gender recognition and trans-specific healthcare there were no laws or national guidelines. However, practices had improved. Since 2003, transgender people have been able to change their birth certificates, gender markers and first names based on a mental health diagnosis; no other medical intervention was required. Back then this was amazing. The government promised to create legislation but failed to do so. Until now, no government even addressed the issue. As a result, no legislation backed these administrative procedures, which were not even published on the government's website. But for the time being things were okay because the practice was reliable and procedures were rather trans-friendly. Those who provided the required documentation were able to change their birth certificates and it was relatively easy and fast. But the fact that the practice was not protected by legislation was not a minor detail. We see it now that the practice has become illegal. It has been a huge step backwards. 

  In 2020, new regulations that only recognise the sex assigned at birth and prevent transgender people from legally changing their gender and obtaining new documentation were passed by parliament by a 133 to 57 vote margin. They are contained in article 33 of an omnibus bill that was introduced on 31 March and approved on 19 May. Article 33 contradicts not just international and European human rights standards but also previous rulings by the Hungarian Constitutional Court, which has previously made it clear that changing your name and gender marker is a fundamental right for trans people. The Commissioner for Fundamental Rights issued a report in 2016 and another in 2018 that stated that the authorities need to enact proper legislation because this is a fundamental right.

  This law change fits into the fight against gender led by the Christian Democratic party, which is part of the governing coalition. This party has already banned gender studies and has argued that there is no such thing as gender, as in the Hungarian language there are not even separate words for ‘sex’ and ‘gender’. But in the past year, it has resorted to using the word ‘gender’ in English so as to be able to attack gender as a concept. So this is part of a larger attack against so-called ‘gender ideology’. The protection of what the new law calls ‘sex at birth’ is a part of this. For the past six years we have worked to come up with legislation on these issues, and initially we thought the authorities wanted to tackle it as well, but after a while it became obvious to us that our initiatives were being blocked along the way. 

  It is difficult to engage with the authorities. We don’t get much information from them. We cannot get to those with decision-making authority; we can only talk to low-ranking officials, who are obviously afraid to give us information. There is no public discussion and civil society is not involved. We were not consulted regarding these specific changes to the Registry Act. The proposal came from the government, and specifically from the Christian members of the government coalition, and was supported by civil society organisations (CSOs) that promote so-called ‘family values’. Timing also raised a lot of questions. Why was it so important to address this issue in the middle of a pandemic? Why now, and why in this way?

  What are the main restrictions that the Hungarian LGBTQI+ community experiences on their freedoms to organise, speak up and protest?

  In Hungary there is an NGO law that requires CSOs to register if they receive foreign funding, if their income is above a certain amount. The threshold is relatively low, so many CSOs, including us, must register. There is a list of foreign-funded CSOs that is published and publicly available. It is no secret that we seek foreign funding because we cannot access funds in Hungary. The government refers to CSOs, and particularly to those that criticise the government, as ‘enemies’ of the Hungarian people. This has obviously affected LGBTQI+ organisations too. 

  This is not just rhetoric. In practice, the government does not consult with CSOs that are independent or that they don’t like, including us. Instructions to marginalise these organisations come from the top levels of government, and while some lower-level officials might want to try to engage with us, they are not allowed to do so. How can CSOs conduct advocacy or engage with the authorities if public officials are banned from any contact with us?

  Additionally, most media are controlled by the government, and the rest tend to have a neoliberal perspective, which usually makes them difficult to access for organisations that do not follow their agenda, like Transvanilla.

  Our freedom to conduct our legitimate activities is also being challenged. Last year, for instance, there were several attacks against events organised around Pride month. A speed-dating event for pansexual people that had been organised by Transvanilla was interrupted by far-right activists. We couldn’t continue the event and the police didn't protect us. Far-right activists video-recorded participants for over an hour and we were not allowed to close the door. They were obviously acting illegally but the police took no action against them. In other instances, venues were ruined or damaged by far-rights activists. This was a new development – in the past, our events had received police protection when such things happened. 

  Year after year there have also been attempts to ban Pride events, but the courts have declared that these events cannot be banned. It’s a constant fight. The authorities have fenced off Pride routes on the pretence of protecting marchers, but this was obviously an attempt to restrict their movement.

  How did the LGBTQI+ community react when the new law was passed?

  It was a traumatic event because it was a clear attack against us. This amendment only affected trans and intersex people who would like to change their gender markers and trans people who don’t want to change their gender markers but would still like to change their name, which is no longer possible in Hungary. But the whole community now feels like second-class citizens, like outcasts who the government does not respect. 

  Personally, as a non-binary person, it had a huge effect on me, because I was already far from being recognised in my documents and now I am a lot further away from that. Many of my friends who were in the process of changing their legal gender recognition are in a limbo.  At least a hundred applicants’ cases had already been suspended in the past two and a half years, as requests were not being evaluated. Those people have now lost all hopes. They are frustrated and devastated. 

  There is also fear because we don’t know what is next, what else is coming to us. Even though the law can be challenged, it might require many years. And even if we get rid of this law, the situation may not improve. Some people are suicidal, and many people want to leave the country. A big part of the community is just suffering silently and has no voice. While some activists have emerged from this situation and these activists are gaining visibility, the vast majority are suffering at home, alone. People were already isolated before, and it will not get any better. From now on, more people will hide their identity.

  Since 2016 there have been problems with administrative procedures, so increasing numbers of people who began to transition may look different from the sex registered in their documents. And if someone is openly and visibly transgender it becomes difficult to find a job; discrimination is part of everyday life. And now it is becoming more serious. We have seen a rise in discrimination, not just in employment but in everyday life. In Hungary you often must present your ID papers, so you have to out yourself all the time. People don’t believe you and you are questioned. For example, recently a trans person was trying to buy a house and the lawyer who was drawing up the paperwork raised questions about their ID document because it didn’t match their gender description.

  Given the restrictions on peaceful assembly imposed under the COVID-19 pandemic, what sort of lobbying and campaigning have you been able to do to stop Article 33?

  Transvanilla is very strategic: we only engage in activities that might have an impact. Therefore, we did not focus on the Hungarian context. In parliament the opposition is powerless because Fidesz, Prime Minister Viktor Orbán’s party, has two thirds of the seats and can thus win any vote. We also knew that we could not mobilise enough people – the masses would not be out on the streets because of the pandemic, so this wasn’t even an option. If this had not happened during the pandemic, other organisations might have tried to organise protests. Until the amendment was introduced, Transvanilla was not publicly highlighting the issue of legal gender recognition because we were doing silent advocacy. On 1 April, when we found out about the initiative, we called on international actors to raise their voices publicly and to engage in multilateral dialogue with our government on this issue.

  We grabbed international attention and many international voices were vocal against the proposal. In April 2020 we also turned to Hungary’s Commissioner on Fundamental Rights and we asked him to do whatever he could to stop the amendment. We of course engaged with international and national media. We launched a petition and managed to get more than 30,000 signatures. We now have another petition that is addressed to the European Union (EU) and we hope it will have an effect.

  So, we resorted to the ombudsperson, who could have intervened but didn’t, and we put international pressure on the government, which sometimes works but this time did not. The law was passed, and the day it came into effect we launched two cases at the Constitutional Court. The court could turn them down for whatever reason, but we hope that it will not. At the same time, we are putting pressure on the Commissioner for Fundamental Rights because he has the power to request the Constitutional Court to look into the law, and if he does, then the court must do so. Pressure is very important, and many international actors are helping, including Amnesty International Hungary, which has launched a campaign. We have 23 cases before the European Court of Human Rights (ECHR), all of which deal with gender recognition, and the applicants are represented by our lawyer. The government and the other parties involved were given time until June 2020 to settle these cases, and if they didn’t, the Court would move forward for a decision. Due to the COVID-19 pandemic, the deadline for the government was pushed to September 2020, which is not good news for us. But based on ECHR practice, we are confident that it will respect transgender rights. We will also take more cases to this court and represent people who are specifically affected by this law. We want to put pressure on the Court to make a decision as soon as possible.

  We also continue to engage with EU human rights mechanisms, the Council of Europe and the United Nations. We got CSOs to sign a statement to put pressure on the European Commission (EC), which so far has been silent on this. We want to make sure that what happened in Hungary doesn’t happen in other countries, so we have created a civil society alliance to convey the message that if other governments try to do the same, they will face huge resistance. And of course, we keep trying to engage with the ministries, although we have sent them letters and have received no response. 

  How can an increasingly authoritarian government like Hungary’s be held accountable for its actions? 

  We have tried to engage directly with the government to hold it accountable, but it has not worked so far. We represent a minority group and cannot fight this government alone. But international institutions do sometimes influence the government's actions. We hope that a court decision from the ECHR or the Constitutional Court would have an effect. 

  Unfortunately, what we have seen since 2010 is that the way it is designed, the EU cannot take definitive action against a country, especially if it is not alone. And this is the case here, as Poland and Hungary always back each other. People believe that the EU lacks political will to take action. We cannot repeat often enough that the EU should cut off funding, because Hungary is living on EU money and if it cuts off funding the government would start to behave differently. But the EU refuses to do it. 

  The EU should act not only on this specific legislation but also on other, bigger issues related to the rule of law and fundamental rights in Hungary. It should do something about its own member states, or else it should not pass comment on any non-EU country. The fact that the EC fails to mention Hungary explicitly is outrageous. When the Authorisation Act was passed in late March, giving Prime Minister Orbán extra powers to fight the pandemic, EC President Ursula von der Leyen made a statement that was clearly about Hungary, but did not mention it by name, and then Hungary was a signatory to the statement. The EC’s Commissioner for Equality was recently asked to condemn Hungary for the anti-transgender amendment and she refused to do so; instead, she decided to speak about trans rights in general. This is something that we cannot accept.

  The EU should not just speak up, but also act on Hungary and Poland. If the EC keeps refusing to address the situation on the ground, then we really don’t know where else to go. Thus far, the government has followed ECHR decisions, but it has stopped following Hungarian court decisions just this year, which is very worrying. In 2018 there was a Constitutional Court decision in the case of a transgender refugee that required parliament to enact legislation on legal gender recognition for non-Hungarian citizens, which it has not yet done.

  What support do Hungarian CSOs need from international civil society?

  It is important to attempt to unify the different movements and to act as bridge between them and I think international CSOs can play a role in this. As a trans organisation we are responsible for trans people, but trans people come in all sizes and shapes – there are migrant trans people, Roma trans people, disabled trans people – and we all have to come together. Also, while trans people are currently under attack in Hungary, we don't know which vulnerable group is next on the list, and I think international CSOs should focus on everyone. They also need to assist in raising awareness in international institutions – in Hungary, for example, international pressure is important because Orbán still sometimes cares about how Hungary is perceived. So the engagement that comes from the international community is helpful. International civil society can also assist in presenting good examples, because the better the situation is in other countries for trans people, the more shame it can bring to the Hungarian government. But if other EU countries start to follow Hungary, then the government will get away with this. Organisations like CIVICUS can bring CSOs together.

  Civic space in Hungary is rated as ‘obstructed’ by theCIVICUS Monitor. Hungary also currently features on our Civic Space Watchlist.
  Get in touch with theTransvanilla Transgender Association through itswebsite andFacebook page, or follow@Transvanilla on Twitter and@transvanilla.official on Instagram.

   

• Hungary: CIVICUS calls on the Orbán government to stop interference within independent media

  CIVICUS calls on Hungary to respect media freedom and to stop interfering in independent news site, Index.hu.

• Hungary: concerns over the erosion of the rights of LGBTQIA+ persons

  Victor Madrigal-Borloz, UN Independent Expert on sexual orientation and gender identity 

  Irene Khan, UN Special Rapporteur for Freedom of Opinion and Expression  

  Tlaleng Mofokeng, UN Special Rapporteur on the Right to Physical and Mental Health 

  Office of the United Nations High Commissioner for Human Rights (OHCHR)

  Palais Wilson, 52 Rue des Pâquis

  1201 Geneva, Switzerland 

  Hungary: concerns over the erosion of the rights of LGBTQIA+ persons
  

  We are writing to you with regards to serious concerns about the rights of LGBTQIA+ persons in Hungary. Amid the COVID-19 pandemic, the Hungarian government, under Prime Minister Viktor Orban and the Fidesz party, has passed several pieces of legislation, including amendments to the Constitution, which undermine the rights of LGBTQIA+ persons in the country. In addition the government and non-state actors continue to publicly smear and vilify LGBTQIA+ persons. These developments are in violation of the right to freedom of expression and non-discrimination and will lead to further violence and discrimination against LGBTQIA+ persons on the basis of their gender identity and sexual orientation.

  Anti-LGBTQIA law 

  Despite mass protests staged in Budapest, on 15th June 2021 the Hungarian Parliament passed an anti-LGBTI law which bans any content, including media, advertising and educational materials, that is deemed to “popularise” or even depict, consensual same-sex conduct or the affirming of one’s gender to children. As a reaction to the Russian-style anti-LGBTI+ law, the European Union launched legal proceedings against Hungary's government. On 6 August 2021 a government decree implementing the law was adopted, banning the sale of products popularising or depicting homosexuality and transgender identities within 200m of schools, children or youth institutions and churches, and prescribing that such products targetting children be sold in special packaging separate from other products in any other shops.

  The law, which conflates homosexuality with paedophilia, is part of an intense anti-LGBTQIA+ government campaign ahead of the upcoming parliamentary election in 2022. In addition, on 30th July 2021, Hungary’s National Election Committee approved the government's request for a referendum, which is meant to protect the new anti-LGBTQIA legislation from “the attacks of Brussels”. The referendum is set to take place in early 2022 before the parliamentary election. Hungarians will be asked whether they support the holding of sexual orientation workshops in schools without parental consent and whether they believe that gender re-assignment should be promoted amongst children and made available to them. 

  The law comes on the back of several cases where media or books promoting LGBTQIA+ content has been banned. For example, a children’s book which retells fairy tales with LGBTQIA characters was banned in kindergartens by the local Fidesz-party mayor in one of the districts of Budapest, smeared and labelled as “homosexual propaganda”. In another case, the government ordered the Labrisz Lesbian Association,to print disclaimers in their book stating “behaviour inconsistent with traditional gender roles”. A fine of 250, 000 HUF(840 USD) was imposed on a bookshop for selling a children’s book featuring rainbow families together with other children’s books. Independent broadcaster RTL media group is facing legal proceedings initiated by Hungary’s media regulator for broadcasting an advertisement which raised awareness about LGBTI families. The Council, which is made up of members appointed by the ruling Fidesz party, stated that it had received complaints that the advert was not suitable for young children and should have been aired after 9pm for this reason. 

  The European Commission has launched infringement procedures against Hungary in relation to these developments. 

  Constitutional Amendments

  The government has made several amendments to the Constitution, reinforcing institutionalised homophobia and transphobia. On 15th December 2020, the parliament amended the Hungarian Constitution to include the following sentence to Article L which relates to family and marriage: “The mother is a woman, the father is a man”. The second change, Article XVI (1) states that “Hungary protects the right of children to self-identify according to their sex at birth and provides an upbringing in accordance with the values based on Hungary’s constitutional identity and Christian culture”. With direct reference to the latter constitutional provision, amendments were also made to the Civil Code and the Child Protection Act which state that single parents will be able to adopt only under special circumstances and their adoption must be approved by the minister of family. As same sex marriage is not legalised in Hungary, this amendment effectively denies adoption rights to same-sex couples. 

  In addition, on 10th November 2020, the Justice Committee of the Hungarian Parliament presented legislation that would abolish the Equal Treatment Authority (ETA), with the Hungarian Commissioner for Fundamental Rights absorbing its activities, which according to the government will  provide a more efficient institutional structure. Throughout the years, the ETA has been the most successful body addressing discrimination against the LGBTQIA+ community. Although the mandate of the institution will not change, it will be subordinate to the Commissioner, who, in contrast to the ETA, has not shown interest in defending LGBTQIA+ rights in recent years.

  Legal gender recognition 

  On 19th May 2020 the Hungarian parliament passed an omnibus bill changing the Registry Act to only recognise “sex at birth”. The new law makes the legal recognition of transgender and intersex persons impossible and will lead to further discrimination of these persons. While the law is being legally challenged, transgender activists have described this development as “traumatic” and having serious mental health consequences for an already excluded group. The National Authority for Data Protection and Freedom of Information foundthat the law violates the EU’s General Data Protection Regulation (GDPR). In March 2021, Hungary’s Constitutional Court ruled that a legal ban on changing gender does not apply retroactively. It stated that people who began changing their gender before the law came into effect must be allowed to complete the process. However, the Budapest Government County Office which was responsible for handling legal gender recognition applications prior to the amendment still fails to process these applications appropriately. The law itself still remains in force pending legal challenge.

  Requested Actions:

  We respectfully urge you to condemn these regressive and anti-LGBTQIA legislative developments in Hungary through a communication, in your individual capacities or jointly with other special procedures, notably by:

  • Calling on the Hungarian government to refrain from attacking and smearing LGBTQIA persons in general and especially in the context of the upcoming election in 2022
  • Calling on the Hungarian government to reverse regressive legislation which directly  attacks and discriminates against LGBTQIA+ persons
  • Calling on the EU and its leaders to launch an infringement procedure against Hungary regarding the outlawing of legal gender recognition, and continue infringement on the anti-LGBTQIA law and its application

  Signatories

  1. CIVICUS
  2. Hatter Society
  3. Civil Liberties Union for Europe
  4. European Civic Forum
  5. Hungarian Helsinki Committee 
  6. Hungarian Civil Liberties Union (HCLU)
  7. New Europeans International
  8. International Planned Parenthood Federation European Network (IPPFEN)
  9. CNVOS Slovenia 
  10. Peace Institute, Ljubljana, Slovenia
  11. Network for Police Monitoring (Netpol)
  12. Nyt Europa 
  13. European Movement, Italy 
  14. Human Rights House Zagreb 
  15. ACCEPT Romania
  16. Euroregional Center for Public Initiatives (ECPI)
  17. Identity.Education
  18. PRIDE Romania
  19. Rise Out
  20. Estonian LGBT Association
  21. Osservatorio Repressione 
  22. Statewatch
  23. Netherlands Helsinki Committee 

      ---

  Civic space in Hungary is rated as "Obstructed" by the CIVICUS Monitor. 

• Hungary: Orbán and Fidesz party election victory spells further concerns for civic freedoms 
  • ‘Biased and unbalanced news coverage’ during election favouring the ruling party
  • Civil society face orchestrated smear campaigns 
  • Government passes decree which bans independent journalists from accessing hospitals

  Global alliance CIVICUS and the Civil Liberties Union for Europe are concerned about civic freedoms in Hungary following Viktor Orbán and his Fidesz Party’s landslide victory in April’s parliamentary elections, which were declared free but not fair. 

  A new research brief provides a snapshot of the recent decline in civic freedoms under the Orbán government which has repeatedly targeted civil society, independent journalists and LGBTQI+ rights.

  The government has politically captured key media regulatory bodies resulting in diminishing space for independent media to operate, with the public media sector now a de facto mouthpiece of the government.  The Organisation for Security and Cooperation in Europe (OSCE) found that the elections were not fair as there was “biased and unbalanced news coverage” in favour of the ruling party.

  Threats to LGBTQI+ rights have continued unabated, with the government passing several laws that restrict and target these rights. Although the results of the government’s referendum on its ‘anti-LGBTQI+ propaganda’ law, which took place at the same time as the election, was declared invalid, 16 LGBTQI+ rights CSOs who campaigned against the referendum have been fined by the National Election Committee. 

  In the build up to the elections, Magyar Nemzet, a leading pro-government daily online site,  published secret recordings of interviews which were aimed at discrediting civil society and independent media and reshared by the Hungarian government. Similar methods were used to  smear civil society activists critical of the government during the previous general elections.  

  “During his victory speech, the Prime Minister took a moment to pinpoint his enemies which include civil society, bureaucrats in Brussels and the Ukrainian President. This is a clear signal that Orbán and his party will only continue to diminish civic freedoms. There is no doubt that attacks on civil society, independent journalism and LGBTQI+ rights will worsen in the coming years,” said Aarti Narsee, Civic Space Research Lead, Europe, CIVICUS.

  The government has also continuously attempted to intimidate civil society. Although it repealed the Lex-NGO foreign funding law, which was found in violation of EU law, it introduced a new bureaucratic measure which requires the State Audit Office to report annually on the financial status of certain NGOs. 

  Surveillance of journalists is a tactic used by the government in an attempt to silence dissent, while denying independent media access to press conferences and information has become commonplace. The government recently went over a Supreme court ruling to pass a decree so that it can decide on press and media accreditation for journalists to access hospitals. It has repeatedly used the pandemic as a pretext to restrict access to information on COVID-19 for independent media. 

  “A pluralistic media landscape and a healthy  civil society guarantee citizens' access to reliable information about public matters. The Orban government has been doing everything in its power to undermine or eliminate both. By dominating most of the media landscape and trying to silence independent voices, the governing Fidesz party hopes to cement its power for the coming decades to dismantle democracy and cover up widespread corruption,” said Orsolya Reich, senior advocacy officer, Civil Liberties Union for Europe.

  The European Commission has triggered its new rule of law conditionality mechanism which could see it cutting funds to Hungary. We call on the commission to act swiftly against Hungary through this mechanism. 

  “The European Union must stand up for the rights and principles enshrined in the Charter of Fundamental Rights of the EU and introduce strategies and legislation capable of reversing the democratic decline in Europe. It must design a well-thought-through European Media Freedom Act with strong guarantees and enforcement mechanisms, and a European civic space strategy capable of empowering democratic voices,” said Reich.

  Hungary is currently rated Obstructed by the CIVICUS Monitor. There are a total of 43 countries in the world with this rating (see all). This rating is typically given to countries where civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights (see full description of ratings). Hungary is one of two countries in the European Union with an Obstructed rating, the other is Poland.

  ---

  More information

  Download the Hungary country research brief here. 

  ---

  Interviews

  CIVICUS:
  Civil Liberties Union for Europe :Orsolya Reich,  

   
• Hungary: Orbán and Fidesz party election victory spells further concerns for civic freedoms 
  • ‘Biased and unbalanced news coverage’ during election favouring the ruling party
  • Civil society face orchestrated smear campaigns 
  • Government passes decree which bans independent journalists from accessing hospitals

  Global alliance CIVICUS and the Civil Liberties Union for Europe are concerned about civic freedoms in Hungary following Viktor Orbán and his Fidesz Party’s landslide victory in April’s parliamentary elections, which were declared free but not fair. 

  A new research brief provides a snapshot of the recent decline in civic freedoms under the Orbán government which has repeatedly targeted civil society, independent journalists and LGBTQI+ rights.

  The government has politically captured key media regulatory bodies resulting in diminishing space for independent media to operate, with the public media sector now a de facto mouthpiece of the government.  The Organisation for Security and Cooperation in Europe (OSCE) found that the elections were not fair as there was “biased and unbalanced news coverage” in favour of the ruling party.

  Threats to LGBTQI+ rights have continued unabated, with the government passing several laws that restrict and target these rights. Although the results of the government’s referendum on its ‘anti-LGBTQI+ propaganda’ law, which took place at the same time as the election, was declared invalid, 16 LGBTQI+ rights CSOs who campaigned against the referendum have been fined by the National Election Committee. 

  In the build up to the elections, Magyar Nemzet, a leading pro-government daily online site,  published secret recordings of interviews which were aimed at discrediting civil society and independent media and reshared by the Hungarian government. Similar methods were used to  smear civil society activists critical of the government during the previous general elections.  

  “During his victory speech, the Prime Minister took a moment to pinpoint his enemies which include civil society, bureaucrats in Brussels and the Ukrainian President. This is a clear signal that Orbán and his party will only continue to diminish civic freedoms. There is no doubt that attacks on civil society, independent journalism and LGBTQI+ rights will worsen in the coming years,” said Aarti Narsee, Civic Space Research Lead, Europe, CIVICUS.

  The government has also continuously attempted to intimidate civil society. Although it repealed the Lex-NGO foreign funding law, which was found in violation of EU law, it introduced a new bureaucratic measure which requires the State Audit Office to report annually on the financial status of certain NGOs. 

  Surveillance of journalists is a tactic used by the government in an attempt to silence dissent, while denying independent media access to press conferences and information has become commonplace. The government recently went over a Supreme court ruling to pass a decree so that it can decide on press and media accreditation for journalists to access hospitals. It has repeatedly used the pandemic as a pretext to restrict access to information on COVID-19 for independent media. 

  “A pluralistic media landscape and a healthy  civil society guarantee citizens' access to reliable information about public matters. The Orban government has been doing everything in its power to undermine or eliminate both. By dominating most of the media landscape and trying to silence independent voices, the governing Fidesz party hopes to cement its power for the coming decades to dismantle democracy and cover up widespread corruption,” said Orsolya Reich, senior advocacy officer, Civil Liberties Union for Europe.

  The European Commission has triggered its new rule of law conditionality mechanism which could see it cutting funds to Hungary. We call on the commission to act swiftly against Hungary through this mechanism. 

  “The European Union must stand up for the rights and principles enshrined in the Charter of Fundamental Rights of the EU and introduce strategies and legislation capable of reversing the democratic decline in Europe. It must design a well-thought-through European Media Freedom Act with strong guarantees and enforcement mechanisms, and a European civic space strategy capable of empowering democratic voices,” said Reich.

  Hungary is currently rated Obstructed by the CIVICUS Monitor. There are a total of 43 countries in the world with this rating (see all). This rating is typically given to countries where civic space is heavily contested by power holders, who impose a combination of legal and practical constraints on the full enjoyment of fundamental rights (see full description of ratings). Hungary is one of two countries in the European Union with an Obstructed rating, the other is Poland.

  ---

  More information

  Download the Hungary country research brief here. 

  ---

  Interviews

  CIVICUS:
  Civil Liberties Union for Europe :Orsolya Reich,  

   
• Journalists fight back: Media freedom is further eroded in Hungary

  By Aarti Narsee, Civic Space Researcher at CIVICUS & Orsolya Reich, Advocacy Officer at Civil Liberties Union for Europe

  What little media independence remains in Hungary hangs by a thread. The country is in serious democratic trouble. The big question is: does the European Union have the political will to take decisive action?

  Read on Visegrad Insight

• UN resolution needed to help protect freedom of expression

  Statement at the 44th Session of the UN Human Rights Council

  Interactive Dialogue with the Special Rapporteur on freedom of opinion and expression

  ---

  Madame President, Special Rapporteur;

  We thank the Special Rapporteur for his timely report.

  The CIVICUS Monitor watchlist highlights countries where there is a serious and rapid decline in respect for civic space, including where undue restrictions on freedom of expression – whether pre-existing, or introduced in response to the pandemic – consolidate authoritarian power and further human rights violations.

  Currently, this includes the Philippines, where a provision in the emergency law introduced in response to the pandemic penalises the spreading of "false information," which could curtail freedom of speech and silence the media. Journalists and social media users have already been targeted. We also stand with prominent journalist Maria Ressa, who was convicted for ‘cyberlibel’ last month in a politically motivated case.

  It also includes Hungary, where an act was passed in March criminalising spreading false information in connection with the pandemic. This could lead to further censorship of independent media in Hungary and the erosion of media freedom. Access to information for journalists has already diminished.

  In Niger, authorities have used the 2019 Cybercrime Law against critics, including over social media posts and even private WhatsApp messages. Journalist and blogger Samira Sabou was arrested in June over a Facebook post. The National Assembly approved a law allowing for the interception of communication in May 2020.

  In Azerbaijan, at least six activists and a pro-opposition journalist have been sentenced to prison after criticism of the government.

  Finally, in the USA, journalists covering Black Lives Matter protests have been physically attacked, detained and had equipment seized by law enforcement. These are not isolated cases but reflect mounting hostility against the press in the country, with several cases of vilification, harassment and smear campaigns against journalists from both state and non-state actors.

  We remind States that free flow of information will be paramount in our collective recovery from the pandemic. We call on the Council to support the resolution protecting freedom of expression currently before it, and to commit to ensuring protection for journalists, and for those who speak out.

  ---

  Current council members:

  Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

  Civic space ratings from the CIVICUS Monitor

  OPEN	NARROWED	OBSTRUCTED	REPRESSED	CLOSED

   

• UN resolution needed to protect peaceful protests during the pandemic and beyond

  Joint statement at the 44th Session of the UN Human Rights Council

  Interactive Dialogue with the Special Rapporteur on freedom of association and peaceful assembly

  ---

  Madame President, Special Rapporteur,

  We thank the Special Rapporteur for his report, and for the work the mandate has done to protect freedom of assembly and association worldwide. These fundamental rights underpin the very existence of civil society.

  The report highlights that there have been multiple examples of civil society and social movements across the world galvanizing positive change, defending hard-won democratic values and developing innovative practices to address issues of injustice. People coming together to speak out have won better working conditions, furthered equality, ended forms of oppression.

  The benefits of a vibrant civil society, and of human rights defenders who are free to do their work, are tangible. In the past months, we have seen that society is central to crisis response and will continue to be central in building back better. There are so many gains still to come.

  States who suppress individuals and groups simply for speaking out willfully deny such enrichment.

  In Hong Kong, a sweeping security law imposed by China last week risks destroying its free and open civil society. Protesters have already been criminalized by the law. In India, suppression of peaceful protests against a discriminatory citizenship and arrests of human rights defenders who took part in these meetings represent efforts to silence voices against inequality and injustice. In the USA, Black lives Matter protests against systemic racism and police brutality have been met with state-sanctioned violence, including the deliberate targeting of journalists. In Egypt a systematic crack-down on civil society, human rights defenders and independent journalists has accelerated in the last several months.

  The current pandemic has accelerated and exacerbated existing challenges and there are numerous cases of States weaponizing the COVID-19 pandemic against civil society, from Hungary to Algeria to the Philippines.

  The rights to freedom of association and peaceful assembly are simply the right to organize and mobilise for a fairer, more just world. This session, the Council members have the opportunity to better protect these rights. We urge all States to support the resolution on peaceful protests, and to commit to ensuring space and voice for those who come together to speak out.

  Thank you.

  CIVICUS: World Alliance for Citizen Participation
  International Service for Human Rights
  East and Horn of Africa Human Rights Defenders Project
  Commonwealth Human Rights Initiative
  FORUM-ASIA
  The African Center for Democracy and Human Rights Studies
  Cairo Institute for Human Rights Studies

  ---

  Current council members:

  Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela

  Civic space ratings from the CIVICUS Monitor

  OPEN	NARROWED	OBSTRUCTED	REPRESSED	CLOSED