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Hungary swinging further right with new constitution

Posted by Olog-hai on Tue Apr 5 12:56:35 2011

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A lot of it is murky, but it is explicitly anti-gay-marriage, anti-abortion, and seems to give voting rights to Hungarians that are citizens of different EU countries while living in those countries. It also gives an extra vote to married people with families. Opponents point to the proposals that increase the state's power and take away a lot of rights, attempting to redefine what a right is.

What is most troubling is that the fascists are feeling far bolder in their anti-Gypsy and anti-Semitic words and actions. They've got thousands marching on Gypsy villages, attempting to provoke them.

EU Observer

The state of democracy in Hungary: 'The illness has advanced to a new stage'

LEIGH PHILLIPS
2011-04-05 @ 09:24 CET
A gypsy girl of maybe eight, nine years old holds onto her little brother tightly. Looking out over the chicken-wire fence at the end of their mud garden in the Roma ghetto in the village of Hejoszalonta, they stare at the around 600 members of Hungary's fascist party, Jobbik, and its paramilitary wing, the Magyar Garda, dressed in black or camouflage or just leather jackets, marching right past where they live with torches aloft and nationalist heavy metal music blasting.

An hour and a half north of Budapest, the village, home to just 850 people, 350 of them Roma, was the site last week of the murder of a 50-year-old woman. Jobbik immediately exploited the crime, declaring ahead of any arrest of suspects that the woman's two Roma tenants were guilty and announced they were to come to the village and protect it from "gypsy terror".

As the jack-booted marchers file past, Roma-rights activist Agnes Daroczi leads villagers in a chant from behind police lines that for all its moderation and reasonableness is shouted with no less ferocity: "Peace! Rule of Law! No fascists!'

The protest, which took place on Saturday (2 April), is the second such demonstration by the far-right vigilantes in a month. At the beginning of March, Jobbik and its allied blackshirts went to the village of Gyongyospata, also claiming to protect it from the crimes allegedly perpetrated by their Roma inhabitants. There the numbers were larger. According to human rights groups, quoting the local community, some 2000-3000 marched repeatedly up and down the streets of the town with torches and whips.

According human rights activist Judit Kende, the Roma of Gyongyospata strained to keep their teenaged boys away from the marches, scared that the mix of their fury, humiliation and hormones would push them to lash out.

"Jobbik were deliberately provoking them. Parents held the teenagers back because the fascists wanted an excuse to attack. It would have been a bloodbath," Kende told EUobserver at the far end of the Roma ghetto in Hejoszalonta, where the community had been herded by police to allow the march to take place and a counter-protest had been mounted of perhaps a hundred locals and a clutch of human rights campaigners from Amnesty International, domestic civil liberties group Tasz and members from a new activist political party, the European-Green-Party-linked LMP.

Courts outlawed the Magyar Garda, or Hungarian Guard, in 2009, but the group simply reorganized itself into new formations with many of the same members simply by changing the name to the Hungarian National Guard or similar wording.

Meanwhile, the governing Fidesz-Christian Democrat coalition has remained "strangely silent",
Kenda continued.

"By letting these armed groups roam freely, the state has abandoned its monopoly on the use of force," she added, a line that is frequently repeated by human rights groups.

The police have stopped the human rights campaigners and the LMP from forming a human chain protecting the Roma houses, modest shacks with irregular, warping roofs and unfinished windows, ostensibly because the road through the village is "too narrow" to hold two demonstrations.

Nonetheless, the activists are relieved that at least the police are here this time.

Towards the end of the Jobbik march, the Roma community launched into a ragged but proud rendition of the Himnusz, the country's national anthem, a choral declaration that they are Hungarian too.

Back in Budapest, Timea Szabo, one of the founders of the LMP and responsible for the party's Roma policy, explained why Jobbik has launched a new "marching season".

"Although they claim to be an opposition to Fidesz, they vote with the government on most things and they've slipped in the polls," she said. In last year's general election, Jobbik shocked much of Europe by winning 17.5 percent of the votes, but recent polls put the party down at 13 percent.

"So that's good in one sense, but it's also meant that Jobbik has gone back to its old strategy of intimidating Roma and marching in villages, hoping that the tactics that got them elected will work again."

But for Szabo, along with the rest of her new party, as terrifying as the return of torchlit blackshirt marches through the countryside may be, much of the recent focus of the LMP is on the battle against a radically conservative new constitution that the government is rushing through parliament that they and many of the generation of anti-Stalinist activists from the 1980s say threatens Hungarian democracy.

New constitution

European Green party conference-goers are not used to police protection, airport metal detectors, heavy security, threats of counterdemonstrations and being bombarded with antisemitic emails, but these are not normal times and their meeting from 31 March to 3 April in the Hungarian capital was no ordinary eco-get-together.

"Usually, we rock up to a place, put out our sunflowers, and then nobody really pays us much attention," said one delegate to the meeting. "It's not normally like this."

The European Greens decided that they would hold this year's party council in Budapest, as much because the country currently holds the EU's six-month rotating presidency as to needle the right-wing government of Prime Minister Victor Orban's Fidesz. Green MEPs in Strasbourg have been amongst the most outspoken in the chamber over the country's controversial media law, which massively expands state oversight of print, internet and broadcast outlets by a powerful media council of government appointees and introduces huge fines for ‘unbalanced reporting', and now its proposed new constitution.

Earlier this year, a video of co-leader of the Greens in the European Parliament, Daniel Cohn-Bendit sparring with Orban in Strasbourg went viral in Hungary, a land where Jew-hatred still has much of the strength and flavor it did in the 1930s. An avalanche of anti-Semitic comments quickly appeared beneath the clip on YouTube and the party's email inboxes were filled with similar messages. Cohn-Bendit, an atheist, is of Jewish extraction.

The party was warned that there were likely to be protests outside the hotel where delegates were staying, possibly by Jobbik or the Magyar Garda. In the end to their relief, no demonstrations materialized.

Fidesz won a two-thirds majority in the country's 2010 general election, enough to make changes to the country's constitution, and the party is wasting no time exploiting this power. A new constitution was submitted to parliament on 21 March after the house speaker declared the existing text void.

The new text, termed the 'Easter Constitution' by its authors to symbolize the 'rebirth' of the Hungarian nation, bans gay marriage and abortion and gives an extra vote to those with children.

"Hungary protects the institution of marriage between man and woman, a matrimonial relationship voluntarily established, as well as the family as the basis for the survival of the nation," reads Article M of the 'Basic Stipulations' of the new document.

Under Article 21 of the section entitled 'Freedom and Responsibility', the document gives mothers an extra go at the ballot box: "It cannot be considered an infringement of equal voting rights if a supermajority law provides an additional vote for mothers in families with minor children, or as a provided by law, another person may be entitled to an additional vote."

Critics also worry about the possible irredentism contained in a clause declaring Hungary's "responsibility for the destiny of Hungarians living outside her borders". They say that this could be read as offering voting rights to ethnic Hungarians residing in neighboring states. A quarter of all ethnic Hungarians live beyond the country's borders, mainly in Slovakia, Romania and Serbia.

Orban himself told TV2 on Tuesday there was "no question" whether they would be given the right to vote, but how they should be able to exercise this right.

Notably, as the Hungarian Civil Liberties Union has pointed out in a list of discrepancies between the original text and its English translation submitted to the European Parliament, all adult Hungarian citizens "residing in the territory of Hungary" shall have the right to vote, but the original version makes no reference to where the citizen lives.

Liberals in the European Parliament have also written to the EU Council asking them to consider whether the document is discriminatory.

And whatever the international reaction, the government is aware its standing has diminished on the world stage and is taking preventive action, hiring Project Associates, a UK public relations outfit, to perform some 'reputation management' for the country.

But the situation in the country has certainly frightened some of those Hungarians who fought to overthrow the Communist regime. Miklos Haraszti, until last year the Organization for Security and Cooperation in Europe's press freedom watchdog and a co-founder in 1976 of the Hungarian Democratic Opposition Movement, told the conference: "For the first time, it is possible that Hungary will lose its freedom by throwing democracy away with simple democratic tools."

Referring to the notorious domestic fact that the document was written in part on an iPad, he added: "It will be the first nineteenth-century constitution written on 21st century technology."

Istvan Elek, a journalist from the same generation, said: "Hungarian democracy is very ill. It was already ill in 2010, but has now advanced to a more serious stage of the illness. We have a long struggle ahead of us," he said, adding that he is pessimistic that the fight can be won, but he saluted the young members of the LMP, although he is not a member.

"If LMP cannot create a civil society culture alongside the political party," he continued, "it's going to be an impossible situation."

Cohn-Bendit too warned that something is rotten in the state of Hungary: "If we allow a tremendous shift away from democracy in one member state, then this will happen in another member state and another."

Hungary's young rebels

But the European Greens' main reason for holding their conference in Budapest was as a show of support for their local party, Lehet Mas a Politika (LMP), which was launched just over two years ago by a gang of NGO activists and who are, apart from the Social Democratic party — largely discredited for their cavalcade of corruption scandals — the only real opposition to country's gallop to the hard right.

The LMP, whose name has generally been translated from Hungarian as 'Politics Can Be Different', burst onto the Hungarian political scene two years ago in an unusual way. Instead of breaking from existing parties, the LMP was founded by a group of young civil society activists from the likes of Amnesty International, Greenpeace, Oxfam and civil liberties and anti-corruption NGOs, most of whom had never had any political experience or even joined a political party.

Hungary for years had an official Green Party, but, as with much of eastern Europe outside the Czech Republic, environmentalism never really took root. The LMP meanwhile have affiliated to the European Greens as they feel ideologically closest to them, but, as one EU Green official said approvingly: "They're not really a traditional Green party. They're more a pro-democracy party with green credentials."

On a shoestring budget of around €40,000, they went from no seats to 16 on a 7.5 percent vote in the same general election that wiped out the social democrats and delivered a massive victory to Fidesz and Jobbik. They grabbed another 54 seats on local city councils last autumn.

Intriguingly, in the national election, LMP and Jobbik won 40 percent of votes cast by those under 24 years old.

Jobbik is one of their biggest competitors for the youth vote, but, according to MP David Dorosz, 26 years old and a member of the party's national committee, this is a rural youth vote. "These people are unemployed even though they studied a lot. They have no money; they live with their parents."

"They're angry and understandably. They should really be with us and we are trying to get these voters over to our side."

The LMP is aware that they are fishing in some of the same waters and believes that they can win over the youth that have been tempted by the far right if they can get through their message of social justice and jobs.

For Jobbik, this makes the upstart party a main target. At the party's rally in Hejoszalonta ahead of the march, the main speaker repeatedly attacked the LMP.

"Sometimes there are campaigns against us," says Dorosz. "These are very typical accusations coming from the side of Jobbik. They call us 'cosmopolitan, Jewish-led.' The whole style carries from the 1930s."

These attacks trouble the young men and women of the party not because they are being targeted more than they ever were when they were NGO campaigners, but because some of the slander sticks.

"It's hard. It's sad that we still have such public opinions, such gossip years after the change. They try to label us as something we're not, but this puts us in a bad situation in front of the voters."

Hungarian Ambience, a blog close to Jobbik, last September accused them of being a front for the Hungarian Liberal Party, the SZDSZ, which was wiped out in the general election. 'Liberal' is perhaps the dirtiest word in contemporary Hungarian discourse.

"After the SZDSZ, the most notorious anti-Hungarian party imploded in the spring election, liberal hate organizations panicked," the blogger wrote on 3 September. "They quickly came up with a new idea of setting up a seemingly sanitized party pursuing a fraudulent environmental agenda. This is to mislead and dupe people into believing that the new party, LMP, is unlike the extremist SZDSZ that caused more harm to the country than sixty years of Soviet occupation."

Dorosz laughs off the idea that they are a front for anyone and stresses that the party "is not liberal, not socialist, not conservative. We're building a new politics for the 21st Century."

Leader Andras Schiffer, an elder in the party at the age of 39, goes further: "When we set up LMP, it was very important to us that the political dialog of the past is no longer valid for the present time. We have to show that the mainstream politics, populism, we can move away from this. When elites do not face up to challenges of global capitalism, moves that have brought poverty, they try to solve this through a centralized democracy. Populist policies become tempting."

Virag Kaufer, 35, another MP and head of the party's social policy unit, explains why a group of NGO campaigners decided to ‘join the dark side' and get involved in partisan politics.

"My university mates founded the party. They'd studied eco-politics, campaigned against privatization of social services, healthcare and against Hungary joining NATO. It was us who founded the — what do you call it in English? Not the anti-globalization movement. I hate that word — the Global Justice Movement.… We're actually not very happy with the English translation of our name, because it doesn't show its roots. During the height of the global justice movement, the slogan was 'Another world is possible', which in Hungarian is 'Lehet mas a vilag'. So the name we chose, 'Lehet mas a politika', should really be translated as 'Another politics is possible'."

Many of these young people, Hungary's 'Seattle Generation', like their counterparts in much of the rest of the world, had found jobs in NGO-land after their days of student protests were over and decided to professionalize how they were going to change the world.

"However, as NGO workers, we were pretty much outsiders, screaming from the sidelines, but we felt that this was not enough, and we had lost faith in all of the political parties."

At the time, she had been working for Oxfam in the UK, but soon quit her job to come back to Hungary and run for parliament.

"It was a big change in my life when I was elected. It was a complete turnaround in my life in the space of about 10 months. It was literally a culture shock. Suddenly we are surrounded by grey-suited bureaucrats who do not want to change the world."

And some of their old friends in the NGOs now keep their distance: "Quite a lot of people in civil society turned their backs on us. Not all, but a lot."

Still a constitutional democracy

Much of the LMP's main campaigning has been around the media law, Roma integration, and the fight against corruption. The party is also working hard to introduce green politics to a country resistant to the concept, although this has changed considerably after the devastation wrought last year by the accidental release of a million cubic meters of 'red sludge', caustic waste from an alumina plant in the town of Ajka, forcing 80-90 people to be hospitalized for chemical burns.

There have been teething troubles though. Finances after the election campaigns remain tight and some newer members from some areas of the country wonder whether there should be as much emphasis on gay rights and other issues sensitive in socially conservative regions away from the capital.

But the focus for now is defeating the new constitution and, true to its roots, the party is not just interested in parliamentary activity, but still very much involved in the street politics that defines much of the country's political life.

"People are getting angry. In two weeks, we are organizing what we hope will be the biggest demonstration yet against the constitution. We think we will get 10,000 people out, but there will be demonstrations all week long, organized by trade unions, some NGOs."

The main danger with the constitution, according to Dorosz, is not its conservatism per se, but that Fidesz's pet policies are being implemented as national principles, cemented into the document. Instead of laws that can later be overturned should the national mood shift when other parties are elected, these will now be constitutional imperatives that can only be changed if some future government also, like Fidesz, wins a two-thirds majority.

"So for example, rules about taxes and public spending will be written into the constitution, meaning that a government would need a two thirds' majority in order to change this, which is incredibly unlikely," says Dorosz. "And what is governing if not making your own decisions about taxes and public spending?"

"The two-thirds majority is Orban's trump card. If you have it, you win everything," he continues.

"Of course, the situation is not quite as bad as Belarus, yet. Hungary is not an authoritarian system and Orban is not a dictator," he said, "but their aim is to stay here for 20-30 years."

They hope that the European Union takes some sort of action to protect Hungarian democracy, but they are not holding their breath.

"The EU should address these problems, but the EU has a very weak history in this ... Our greatest fear is that Europe will lose interest in what is going on here,
with everyone paying attention to Libya, Japan and so on. Pressure from the EU is so important. We cannot have the EU do our job for us, but we do need their support."

The European Commission for its part says its hands are tied as it has no legal power over the crafting of national constitutions.

"We really think it's up to Hungarians themselves. It's their constitution," EU justice spokesman Matthew Newman told EUobserver. "If there are any complaints about fundamental rights violations, they should be addressed by the national authorities."

One EU source said that in principle, the commission and parliament do have the 'nuclear option' at their disposal — the application of Article 7 of the EU Treaty, which requires the suspension of voting rights of a member state found to be in "serious breach" of EU "founding values" such as democracy, human rights and the protection of minorities.

"But this is meant for the suspension of habeas corpus or the institution of martial law or one-party rule. Hungary is nowhere near any of this. The country is still a constitutional democracy."

The European Union has no sanction it can deploy in cases of governments in that murky grey area somewhere between functioning liberal democracies and outright dictatorships.

In the end, it may be up to the young rebels of the LMP, their activist friends and the NGOs to take action on their own — the kind of people who stood up for the Roma on Saturday night.


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Re: Hungary swinging further right with new constitution

Posted by Olog-hai on Tue Apr 5 12:59:47 2011, in response to Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:56:35 2011.

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Budapest Business Journal

Hungary's proposed constitution worrisome, says WSJ

BBJ | Tuesday 02:55, April 5th, 2011

If Prime Minister Viktor Orbán wishes Hungarians to return to self-reliance and personal responsibility as he stated, that requires protections of individual liberties, without which individual responsibility is meaningless, an opinion article of the Wall Street Journal writes. The article adds that these principles can only be realized if the state does not take on responsibilities that belong to individuals.

The Wall Street Journal says that it is “troubling” that Hungary’s proposed new constitution would empower the state “beyond what is suitable for protecting economic liberties”, and provides “weak institutional guarantees” for the protection of individual liberties. The article highlights that in a post-communist country it is crucially important to provide “robust guarantees for property rights” and to make a clear distinction between the responsibilities.

The article appreciated the government’s clear commitment to economic sustainability and the measures that were taken in order to guarantee this, such as the introduction of flat personal income tax of 16% and a government-spending cap at 50% of GDP in the proposed constitution. However, the proposed constitution also includes a series of second-generation rights that the state will “provide”, such as “adequate housing”, and “access to work”.

The article criticized the redefinition of the nature of right. According to this, natural rights (like life, liberty and property) are protected by the state from infringement by others, and positive rights (such as housing and leisure) are provided by the government. According to the article of the WSJ, this nature of rights “necessarily and fundamentally” changes the relationship between individuals and the state, and “increases the scope of state power”.


Furthermore, the redistribution of wealth in order to provide these rights will lead to undermining the protection of private property. The article adds that America’s founders also faced the challenge of social differences among citizens, but they understood that “the government could not be used to redistribute wealth in order to create equal outcomes”.


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Re: Hungary swinging further right with new constitution

Posted by Olog-hai on Tue Apr 5 13:35:04 2011, in response to Re: Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:59:47 2011.

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This article from EurActiv shows how the EU looked the other way while this constitution got pushed through.

FTR, "irredentism" refers to a country expressing intent to annex parts (or the whole) of a country in whom are large populations of its nationals. Usually a precursor to war, of course.

New Hungarian constitution slithers through EU hearing

Published: 30 March 2011 | Updated: 01 April 2011
Feeble disapproval was voiced at a presentation of Hungary's draft new constitution in the European Parliament yesterday (29 March), with the organizers — from Hungary's ruling center-right parties — benefiting from the absence of socialist MEPs.

With the center-left Socialist & Democrats group holding an internal meeting in Athens and no Hungarian liberals present in the European Parliament since the last EU elections, the new Hungarian constitution met less criticism from MEPs than had generally been anticipated.

Fidesz MEP József Szájer, vice-chair of the European People's Party and chairman of a group of three parliamentarians drafting the new Hungarian constitution, chaired the hearing by giving the floor mostly to supporters of the text.

The contents of a national constitution are in no way a competence of the European Parliament, but as MEP Cecilia Wikström (Alliance of Liberals and Democrats for Europe; Sweden) said, this was a matter of common values that needed to be addressed by the EU assembly.

MEP Lajos Bokros, the only Hungarian MEP among critics of the proposed constitution, complained that Szájer had for a long time pretended not to see him asking for the floor.

Bokros, who is from the Hungarian party Magyar Demokrata Fórum, affiliated to the ECR (European Conservatives and Reformists) group, did indeed raise his hand for quite a long time in the half-empty meeting room before being briefly allowed to speak.

Bokros claimed that László Sólyom, the first president of the Constitutional Court and a former president of Hungary, Péter Paczolay, current president of the Constitutional Court, András Baka, president of the Supreme Court, János Kis, a former president of the Hungarian liberals, and Ernő Kállai, ombudsman for national ethnic minority rights, had all criticized the draft constitution for seriously violating the rule of law and democracy in Hungary.

The state is being reorganized, while checks and balances are being dismantled, Bokros claimed.

But the boldest attack came from MEP Baroness Sarah Ludford (ALDE; UK), who challenged the draft constitution on a range of issues.

Ludford said that as a liberal she saw that "this is not a liberal constitution". She voiced concern over what she called "irredentist" and "very dangerous" claims in the draft constitution to protect Hungarians abroad.

She also said that the definition of the family as a union between a man and a woman appeared not to represent modern life, while a vow to protect the fetus amounted to a ban on abortion. Ludford also pointed out that in the text concerning discrimination, the draft constitution had omitted the category of sexual discrimination.

Baroness Ludford also insisted that rights envisaged in the draft for parents to cast votes in elections on behalf of their underage children were "seriously contentious," also from the perspective of EU elections.

Judging from the responses of József Szájer and fellow Fidesz MEP György Schöpflin, the most important news is that this particular novelty had met with resistance within the Hungary's Fidesz/KNDP parliamentary majority and had been dropped.

On alleged "irredentism", Szájer insisted that the proposed text was no different from the current constitution. Regarding the definition of family, he said it was taken from a recent Constitutional Court decision. On the rights of the fetus, he said the text did not mean the prohibition of abortion, but was creating "an obligation of the state to create institutions".

Although Fidesz is European People's Party-affiliated, Elmar Brok, a prominent German MEP from the EPP group, also voiced criticism regarding the limited competences of the Constitutional Court envisaged in the draft constitution. Hungary recently passed retroactive tax laws that have prejudiced against German companies operating in the country.

It also emerged from the discussion that the Council of Europe's Venice Commission, a specialized independent body set up to provide urgent constitutional assistance to Central and Eastern Europe, would deliver an opinion on the draft constitution — probably after its adoption.

Positions

The liberal ALDE group has sent written question to the EU Council, the institution where the 27 member countries meet chaired by Herman Van Rompuy, asking among other things whether the Council believes that the draft constitution creates a risk of discrimination on the basis of nationality, ethnicity, sexual orientation, religion or beliefs, and as such represents a violation of the principle of equal treatment.

The ALDE group also asks whether the Council will call on the Hungarian authorities to await the Venice Commission's opinion and follow its recommendations before adopting the draft constitution.

The Hungarian NGO Tasz, the acronym standing for "the Hungarian Civil Liberties Union", has published a list of the translation mistakes and omissions in the English version of the proposed new Hungarian constitution.

Three Hungarian NGOs, namely Tasz, the Eotvos Karoly Institute and the Hungarian Helsinki Committee have sent an open letter to the Secretary-General of the Council of Europe and the leaders of European Parliament groups, to draw their attention to the fallacious translation of the draft Constitution. According to Tasz webiste, the three NGOs have informed them about their analysis of the Constitution framing process and "some dangerous points of the draft".

Background

The new Hungarian constitution will be adopted in April, a week before Easter, its main author, center-right MEP József Szájer — who wrote part of it on his iPad — recently announced.

The country's opposition claims the procedure for adopting the new constitution is illegitimate and the controversy could impact upon the Hungarian EU Presidency.

On 21 March, the Hungarian parliament has started a debate on Hungary's new draft constitution. The speaker of the house, László Kövér, called the current constitution "void". The opposition claims that the Hungarian government has started a "constitutional coup".

Only about a quarter of the MPs bothered to participate in the debate on the constitutional draft.


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Re: Hungary swinging further right with new constitution

Posted by Olog-hai on Sat Apr 9 14:23:37 2011, in response to Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:56:35 2011.

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Problems still ongoing. Point made here is that a constitution must be above horse-trading. Recaps of all the main problems.

Economist

Hungary's new constitution

Goulash soup

The new constitution is being rushed through with limited consultation
Apr 7th 2011 | BUDAPEST | from the print edition

THE Hungarian constitution needs renewing. Today’s document is a legal mishmash, part dating from the communist era, part from 1990 when the Soviet block collapsed and the rest from last year, when the right-wing Fidesz party won a two-thirds majority. But Viktor Orban, the Fidesz prime minister, has a problem.

A constitution ought to be above political horse-trading. Input from all parties should give it greater legitimacy, making it harder to alter. Yet over the past year, the government has marginalized and alienated the opposition. Formerly independent institutions have been scrapped, hobbled or taken over by placemen. New bodies such as a media council have appeared—and too often, their members are all Fidesz nominees.

The Socialists, the green-liberal LMP and the far-right Jobbik are all demanding more consultation and a referendum. But since the draft of the constitution has been under discussion since last summer, the government has given lawmakers just a month’s debate. It will be voted through on April 18th. President Pal Schmitt, an emollient Fidesz loyalist, is expected to sign it on April 25th.

Rather than negotiate with the opposition, the government has distributed questionnaires about the constitution to eight million voters. It has promised to take note of their answers. Fidesz’s two-thirds majority gives it the right to change the constitution, says Jozsef Szajer, a Fidesz MEP who partly drafted the new version on his iPad. Moreover, he adds, referendums on constitutional matters are not permitted.

The Socialists and the LMP (but not Jobbik) are boycotting the process. A gross abnegation of responsibility to their voters, says Szajer. But Fidesz is reaping what it sowed: when Ferenc Gyurcsany, the former Socialist prime minister, spoke in parliament, Fidesz MPs walked out. The government wanted the LMP to take part in the drafting process, insists Tamas Boros, of Policy Solutions, a think-tank, as that would have given the new constitution more legitimacy.

The document is a mixed bag of history and modernity. Provisions on Christianity, the holy crown, connections to ethnic Hungarians living abroad, the definition of marriage as a union of a man and a woman and repeated references to Hungary’s historical constitution are all designed to keep the right happy. Greens will welcome a commitment to preserve the environment and biodiversity. Human trafficking is outlawed. Public debt will be limited to 50% of GDP. The name Hungary replaces the Hungarian Republic.

The draft constitution draws on the European Union’s charter of fundamental rights. But unlike the charter, it does not specifically outlaw discrimination on grounds of sexual orientation. Szajer says that this is covered by the phrase “any other circumstance whatsoever”, but gays and liberals are unhappy. Neighboring countries also fret that references to ethnic Hungarians abroad may look irredentist and could open the way for those with dual citizenship to get the vote.

Earlier this year Tibor Navracsics, the deputy prime minister, asked the Venice Commission, the Council of Europe’s advisory body, for an opinion. Its reply was that the government had shown a lack of transparency, failed to consult adequately with the public or the opposition and rushed the process. But Fidesz is set on pushing the constitution through.


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Re: Hungary swinging further right with new constitution

Posted by SMAZ on Sun Apr 10 04:19:22 2011, in response to Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:56:35 2011.

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Nobody gave a shit the first five times.

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Re: Hungary swinging further right with new constitution

Posted by Olog-hai on Tue Apr 12 04:12:16 2011, in response to Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:56:35 2011.

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And still more.



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Re: Hungary swinging further right with new constitution

Posted by SMAZ on Tue Apr 12 11:10:03 2011, in response to Re: Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 12 04:12:16 2011.

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The change through "cleavage" got may attention.

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Re: Hungary swinging further right with new constitution

Posted by Olog-hai on Sun Apr 17 20:17:56 2011, in response to Hungary swinging further right with new constitution, posted by Olog-hai on Tue Apr 5 12:56:35 2011.

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Ah look, more specific details that link it to that corrupt Grundgesetz, a law that the libs let Germany keep post-war.

Borderless Nation

2011/04/15

In the midst of hefty protests, the Hungarian government is preparing to pass a new constitution oriented on German ethnicist policy. The document conjures up the "notion of the unified Hungarian nation," beyond the borders of the Hungarian Republic, to include Hungarian-speaking minorities of the neighboring countries. It bases itself on the mythical "Holy Hungarian Crown," "which embodies the constitutional national continuity of Hungary", while removing republic from the official name of the nation, as the designation of the form of state. Critics accuse the ruling Fidesz Party, of using its two-thirds parliamentary majority to constitutionally impose permanent ethnic conservative standards upon all of Hungary. This does not impede Berlin from continuing its close cooperation with Budapest. Just last week, the German Foreign Minister praised his Hungarian counterpart, for Budapest's very successful fulfillment of its functions chair of the European Council. Intensive cooperation is also planned within the framework of the so-called Danube Strategy, which is to be adopted during the Hungarian incumbency as chair of the EU Council. From Berlin's standpoint, which is itself following an ethnic based foreign policy, Budapest's ethnic escapades are no obstacles.

Ethnic Chauvinist Constitution

In various aspects, the draft of Hungary's new constitution, to be adopted by the Hungarian parliament April 18, carries the flair of the spirit of the German model. On the one hand, the material part of the text is oriented on the German Basic Law. One can recognize that German and Hungarian constitutional jurists had cooperated closely over an extended period. For example the former Hungarian president László Sólyom, a prominent constitutional jurist, had worked extensively together with Georg Brunner, professor of law in Cologne.1 On the other hand, the preamble, the part of the draft constitution that is most sharply criticized, is oriented on an ethnic chauvinist concept shared by both Hungary and Germany. Budapest is free to develop these concepts in an EU under German hegemony. (german-foreign-policy.com reported.2) The ruling Fidesz Party has a ⅔ parliamentary majority and, therefore, can adopt the constitution independently of all other parties' votes. The opposition parties, the Socialist MSZP and the Greens LMP have, with hefty protests, walked out of the preparatory committee, working on the draft constitution, because the Fidesz Party is using its parliamentary majority to give a constitutional rank to unprecedented, clearly ethnic chauvinist structures.3

Resurrection Festival

The ethnic concept of the Hungarian nation plays a central role in the future constitution. Hungarian, according to this concept, is whoever has Hungarian ancestors, which is valid also for the Hungarian-speaking minorities of neighboring countries. The new right of citizenship — corresponding to the German citizenship law — stipulating that they can apply for Hungarian citizenship is already bearing fruit. (The law took effect Jan. 1, 2011.) Budapest has already registered about 43,000 applications. Thousands more have been given to Hungarian consulates. The government is predicting that, by the end of this year, there will be about 200,000 new citizens among the "Hungarians Abroad." The new constitution stipulates that "guided by the idea of the united Hungarian nation — Hungary bears responsibility for the fates of the Hungarians living beyond its territorial boundaries, promoting the maintenance and development of their communities, supporting their ambitions in the conservation of Hungariandom and inter-community cooperation and cooperation with Hungary." Alongside the announcement of intentions to intervene in the domestic affairs of neighboring nations, the preamble — in characteristic ethnic style — declares, "one is proud that a thousand years ago, our King Stephan, the Saint, placed the Hungarian state on a solid foundation." It even promises, "to maintain the spiritual and emotional unity of our nation, which, has been dismembered during the storms of the past centuries."4 The constitution strongly stresses, if nothing else, the conservative values of Christianity, and family. Hungary's president will sign the document into law on the symbolic date of April 25. April 25, 2011 is Easter Monday.

Made Good Progress

The ethnic oriented new constitution is the second internationally controversial measure taken by the Orbán government. At the end of 2010 and the beginning of 2011, the new Hungarian media law received wide attention throughout Europe. It imposed broad restrictions on the media's freedom of expression and, even after international protests forced a few light modifications; Hungarian critics still consider it very repressive. A board of the media, whose leading members are appointed by the government, has wide-ranging possibilities to intervene. Since protests have subsided, Berlin has again begun to praise Budapest for its loyal cooperation. "Europe" has "made quite a bit of progress, in key areas, under the first Hungarian council chair", declared German Foreign Minister, Westerwelle, last week, after his Hungarian counterpart, János Martonyi, visited Berlin. It is "remarkable", he said, "how successful the Hungarian government has mastered this chairmanship."5 Nothing was said about the Hungarian repression against the country's media, despite the continuing protests in Budapest.

Neglected Potentials

Instead, Berlin plans to expand cooperation — also within the framework of the EU's Danube Strategy, announced by Brussels at the end of 2010. The strategy serves further German economic development along the banks of the Danube through southeastern Europe. German authorities have systematically prepared this and it complies with the German enterprises' plans of expansion. (german-foreign-policy.com reported.6) One is "confronted with various sorts of challenges", along the Danube, according to the Chamber of Industry and Commerce in Ulm, which was primarily responsible for the formulation of the EU's Danube Strategy. In Southeastern Europe, there is a "neglected shipping potential, insufficient highway and railway networks", and "uncoordinated planning in the general and professional education, research, and innovation sectors". By 2020, freight shipping on the Danube is to be increased by 20 percent. The installation of faster internet networks throughout the entire region is also planned.7 Above all the southern German regions Baden-Wurttemberg and Bavaria are working closely together on the project with Austria and Hungary. Even though the European Council's planned January adoption of the Danube Strategy has been postponed, it will be adopted in June 2011 — still under Hungary's European Council chairmanship.

Whips and Axes

Inside the country cooperating so closely, with the Federal Republic of Germany, the ethnic chauvinist component is not only growing in official government policies. For several weeks, the extreme right has again been intensifying its aggressions against the Roma community. The extreme right's parliamentary arm — the Jobbik Party — polled about one-sixth of the votes in the last elections. At the beginning of March, a Jobbik procession against "Gypsy Crime" through the northern Hungarian village of Gyongyospata made the headlines. In the meantime, vigilantes are patrolling Gyongyospata, with official toleration of their activities.8 Observers point out that the justice system does apply the special "racism paragraph" of the law, in cases of violence — against the Roma. For example, recently several Roma were convicted to very long prison terms because they beat a "Magyar".9 Human rights organizations have begun to protest the fact that the Hungarian authorities are not confronting the extreme right with anything resembling this severity and are allowing the vigilantes to patrol Gyongyospata. According to Amnesty International, for example, activists of the vigilantes stand outside of Roma homes at night "screaming death threats and threatening with weapons and dogs". Sometimes they were "armed with whips and axes".10 Berlin is not known to have protested its friends' — the Hungarian authorities' — inactivity toward their violence-prone extreme right.
  1. see also Verdienstorden and Die zweite Welle
  2. see also Pillars of the Future, Tragsäulen der Zukunft (II), Pillars of the Future (III) and Tragsäulen der Zukunft (IV)
  3. Das erste Wort sei: Gott; www.pesterlloyd.net 16.03.2011
  4. Die Verfassung Ungarns. Entwurf, Budapest 08.03.2011
  5. Ungarischer Außenminister besucht Berlin; www.auswaertiges-amt.de 04.04.2011
  6. see also Die Donaustrategie, Mama Duna and Unter deutscher Führung
  7. Die EU-Donaustrategie; www.ulm.ihk24.de
  8. Neonazis übernehmen Polizeigewalt in Ungarn; www.pesterlloyd.net 17.03.2011
  9. Rechtsextremer Aufmarsch in Ungarn; www.pesterlloyd.net 08.03.2011
  10. Urgent Action: Roma schikaniert; www.amnesty.de 18.03.2011



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