Act LXXVII of 1993
on the Rights of National and Ethnic Minorities
(abstract issue)
1. § (1) The scope of this Act shall cover all the Hungarian citizens
domiciled on the territory of the Republic of Hungary who consider themselves
persons who belong to some national or ethnic minority, and the communities of
these persons.
(2) Pursuant to this Act, national or ethnic minorities (hereinafter referred to
as minority) shall be all the ethnic groups native to the territory of the
Republic of Hungary for at least on hundred years that numerically constitute a
minority among the population of the state; whose members are Hungarian citizens,
and are distinguished from the rest of the Hungarian citizens and the population
by their own language, culture and traditions; also they manifest a
consciousness of belonging together that is aimed at preserving all these, at
expressing and protecting the interests of their historically evolved
communities.
2. §
3. § (1) The minorities living in the Republic of Hungary share the
power of the people: they are constituents of the state [Article 68 (1) of the
Constitution]. Their culture is a part of the culture of Hungary.
(2) The right to national and ethnic identity is a fundamental human right that
both individuals and communities are entitled to.
(3) Each minority shall have the right to exist and survive as a national or
ethnic minority.
(4) Each community of a minority and each person that belongs to a minority
shall have the right to undisturbed life on the homeland and undisturbed
maintenance of relations with the mother country. The right to the homeland
shall mean the freedom and shelter of attachment not only to the place of one’s
own birth but to the place of birth or residence of parents, educators,
ancestors, to the old country and its culture, traditions.
(5) With respect to minorities it is forbidden to violate the requirements of
non-discrimination in any form whatsoever.
4. §
(3) When drawing the borders of administrative units and constituencies, when
working out settlement and economy development, and environmental plans, the
Republic of Hungary takes the settlement conditions, connections, economic
interests and the evolved traditions of national and ethnic minorities into
account.
5. § (1) In the Republic of Hungary minorities shall have the right to establish
settlement, regional and national minority municipalities (hereinafter referred
to as minority municipality).
(2) The establishment of minority municipalities may be initiated and minority
municipalities may be elected by voters who are included in the register of
minority voters (hereinafter referred to as the register of minority voters). A
voter may be included only in one register of minority voters. The detailed
rules of the register of minority voters are set forth in a separate act.
(3) The representation of a minority may be undertaken by a candidate who is
included in the register of minority voters. The right of representation may be
exercised concerning only one minority.
Chapter II
Individual minority rights
9. § A person that belongs to a minority shall have the right to political and cultural equality of chances, and the State is obliged to further this right by taking effective measures.
10. § The participation of individuals that belong to minorities in public life shall not be restricted. To express, protect their interests, they may establish associations, political parties, other social organisations pursuant to constitutional regulation.
Chapter III
Collective rights of minorities
20. § (1) Minorities are entitled to parliamentary representation, in the form determined under a separate act.
Chapter IV
Minority municipalities; establishing minority municipalities
21. § (1) Each minority may pursuant to the provisions set forth in a
special Act establish:
a) settlement minority municipalities in communities, towns and the districts of
the Capital, and regional minority municipalities in counties and the capital
city, and,
b) a national minority municipality.
(2) The process of electing citizens who belong to minorities representatives of
settlement or regional minority municipalities, or representatives of the
national minority municipality is governed by a special Act.
22. § Minority municipalities may be established by voters through direct election pursuant to the provisions set forth in the special Act.
23. § (1) The number of the representatives of the body of settlement
minority municipalities shall be 5 persons.
(2) The number of the representatives of the body of county, metropolitan
minority municipalities shall be 9 persons.
(3) The same minority at one settlement may establish only one settlement
minority municipality.
(4) The same minority in the county or the capital city may establish only one
regional minority municipality.
(5) The same minority may establish only one national minority municipality.
Several minorities may establish a common, associated national minority
municipality. The number of the members of the national minority municipality
shall be pursuant to the special Act 15-53 persons.
The termination of minority municipalities
24. § (1) A minority municipality shall terminate, simultaneously with
the termination of the mandate of the body of representatives, when no new body
of representatives is elected after the termination of the mandate of the body
of representatives.
(2) If a minority municipality terminates, the election of minority municipality
representatives may be held only in the next general local municipality election.
The rights and obligations of minority municipalities
24/B. § (1) The rights of minority municipalities shall be the legal due of the community of voters that belong to the minority, who may exercise their such rights in the form determined by law through their elected representatives.
Chapter XII
Closing provisions
61. § (1) Pursuant to this Act, Armenian, Bulgarian, Croatian, German,
Greek, Gypsy, Polish, Romanian, Russ, Serbian, Slovakian, Slovenian and
Ukrainian minorities are considered ethnic groups native in Hungary.
(2) If in addition to those listed in paragraph (1) further minorities intend to
give evidence of complying with the conditions set forth in this Act, minimum
1000 voters who declare themselves to belong to this minority shall submit
signature collecting sheets pursuant to the provisions of popular initiatives on
this subject matter to the chairman of the National Election Committee. In the
procedure the provisions of the act on national referendums and popular
initiatives shall be applied, stipulating that in its action the National
Election Committee is obliged to request the president of the Hungarian Academy
of Sciences to formulate his/her position whether the relevant legal conditions
hold.
(3)-(4)