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Resolution 2162 (2017)
Alarming developments in Hungary: draft NGO law restricting civil society and possible closure of the European Central University
1. Concerned by recent developments
in Hungary, the Parliamentary Assembly recalls its Resolution 2096 (2016) “How
can inappropriate restrictions on NGO activities in Europe be prevented?”
and reiterates the importance of the role of a dynamic civil society
for the good functioning of democracy.
2. Freedom of association, freedom of expression and the right
to privacy are fundamental rights and freedoms guaranteed by the
European Convention on Human Rights (ETS No. 5), vital to the proper functioning
of civil society. The respect for these rights should be effectively
ensured by all States Parties to the Convention, in the light of
the case law of the European Court of Human Rights, Committee of
Ministers Recommendation
CM/Rec(2007)14 on the legal status of non-governmental
organisations in Europe and the Joint guidelines on freedom of association,
adopted in December 2014 by the European Commission for Democracy
through Law (Venice Commission) and the Office for Democratic Institutions
and Human Rights of the Organization for Security and Co-operation
in Europe (OSCE/ODIHR).
3. In recent years, the Assembly has repeatedly denounced the
dramatic deterioration of the situation of civil society in certain
Council of Europe member States, in particular following the adoption
of restrictive laws and regulations regarding registration, operating
and financing. In its Resolution
2096 (2016), the Assembly explicitly criticised the so-called
“foreign agents law”, modifying the Russian legislation on non-commercial organisations,
and changes to the legislation on non-governmental organisations
(NGOs) in Azerbaijan imposing inappropriate restrictions on their
activities.
4. Regrettably, this alarming trend seems to be spreading in
Europe. Today, the Assembly is thus concerned with developments
in Hungary and in particular the proposal for a draft law on transparency
of organisations receiving foreign funding. The Assembly agrees
that NGOs must be transparent about their sources of funds, but
cannot accept the allegations that civil society organisations serve
foreign interest groups, rather than the public interest, and may
endanger the national security and sovereignty of a country simply because
they receive foreign funding over a certain yearly threshold.
5. The Assembly notes that the Hungarian draft law, although
inspired by the corresponding Russian law, does not include some
of the latter’s elements criticised by the Venice Commission, such
as the use of the controversial term “foreign agent” or the specific
and thus discriminatory reference to NGOs which defend human rights,
and that it provides for a judicial, rather than administrative,
review.
6. The Assembly is concerned, however, about a number of issues
that the Hungarian draft law raises with respect to freedom of association
and of expression and the right to privacy, in particular as regards:
6.1. the lack of public consultation
prior to its submission to parliament;
6.2. the obligation for NGOs receiving foreign funding to indicate
this on all the materials published or distributed;
6.3. the obligation for NGOs to submit detailed personal data
of foreign donors, including private individuals;
6.4. the gravity of the sanctions provided in the draft, including
ultimately the dissolution of the association for non-compliance
with administrative obligations;
6.5. the scope of application of the draft law, which applies
to certain associations and excludes others, such as sports and
religious organisations.
7. The Assembly also regrets the overall accusatory and labelling
rhetoric by Hungarian public officials surrounding the drawing up
and discussion of the draft law, which raises doubts about the real
aims of the proposed legislation.
8. The Assembly notes the numerous reactions of Hungarian and
international civil society, and of intergovernmental organisations
raising concerns about the proposed draft. These include the Council
of Europe Conference of International Non-Governmental Organisations
which, on 24 April 2017, called on the Hungarian authorities not
to adopt the draft law on the transparency of organisations receiving
foreign funding in view of its incompatibility with international
and European standards.
9. The Assembly is all the more concerned about developments
in Hungary in light of the recent vote of the Hungarian Parliament
on amendments to the National Higher Education Act, which could,
according to the Central European University – founded by George
Soros in 1991 and operating in Budapest – lead to the termination
of its activities.
10. The Assembly notes that the European Commission decided, on
26 April 2017, to take legal action on the act amending the Hungarian
National Higher Education Act, based on its conclusion that “the
law is not compatible with the fundamental internal market freedoms,
notably the freedom to provide services and the freedom of establishment,
but also with the right to academic freedom, the right to education
and the freedom to conduct a business, as provided by the Charter
of Fundamental Rights of the European Union”.
11. In conclusion, the Assembly believes that recent developments
in Hungary merit its close attention and the mobilisation of Council
of Europe expertise to help the Hungarian authorities ensure compliance
with relevant Council of Europe and international standards in the
field of freedom of association and expression. The Assembly therefore:
11.1. requests the opinion of the
Venice Commission on the compatibility with Council of Europe standards
of the Hungarian draft law on the transparency of organisations
receiving foreign funding, and of the Act of 4 April 2017 amending
the National Higher Education Act;
11.2. calls on the Hungarian authorities to co-operate with
the Venice Commission and suspend, pending the adoption of the latter’s
opinion, the implementation of the act amending the National Higher Education
Act and the parliamentary debate on the draft law on the transparency
of organisations receiving foreign funding;
11.3. calls on the Hungarian Government to engage in an open
dialogue with civil society and international human rights NGOs,
as well as the Council of Europe and other intergovernmental organisations,
on both pieces of legislation and refrain from measures which might
be detrimental to the development of civil society in Europe.
12. The Assembly resolves to continue to follow closely developments
in Hungary.