High Commissioner warns of Hungarian 'Status Law' precedent
(OSCE)The OSCE's High Commissioner on National Minorities, Rolf Ekeus. (OSCE) Photo details
THE HAGUE, 24 June 2003 - The OSCE High Commissioner on National Minorities, Ambassador Rolf Ekeus, issued the following statement today:
"I understand that the Hungarian National Assembly has now concluded the process of amending the Act on Hungarians Living in Neighbouring Countries (sometimes referred to as the 'Status Law') which was first adopted on 19 June 2001. I appreciate the efforts of the Hungarian Government over the past year to follow recommendations designed to bring the law in line with minimum international standards and to reduce tensions, caused by the law, between Hungary and some of its neighbours. The scope of the amended law seems to be limited to support for education and culture, and intended benefits appear not to be restricted to ethnic Hungarians.
"Implementation of the Act will depend in large part on secondary legislation. Any elements of this legislation that have effects in neighbouring States will need the support of the State concerned. As I noted in my statement of 26 October 2001 on 'Sovereignty, Responsibility, and National Minorities', it is a basic principle of international law that a State may only act within its jurisdiction which extends to its territory and citizenry. At the same time, the State of territorial jurisdiction should be positively disposed to agree to arrangements within the framework of its obligations to ensure full respect for the rights of persons belonging to national minorities. It is now vital that specific terms of such agreements should be worked out through the normal conduct of bilateral relations.
"I note that the Act on Hungarians Living in Neighbouring Countries has tended to strain otherwise good relations between Hungary and some of its neighbours. In the spirit of friendly relations, earlier and fuller consultations and better use of existing bilateral instruments and mechanisms might have reduced misunderstandings about the intentions behind the Act.
"One can conclude that the deliberations in relation to the Act have demonstrated the importance of the principle that protection of human rights and fundamental freedoms, including for persons belonging to national minorities, is the responsibility of the State having jurisdiction with regard to the persons concerned."
"I understand that the Hungarian National Assembly has now concluded the process of amending the Act on Hungarians Living in Neighbouring Countries (sometimes referred to as the 'Status Law') which was first adopted on 19 June 2001. I appreciate the efforts of the Hungarian Government over the past year to follow recommendations designed to bring the law in line with minimum international standards and to reduce tensions, caused by the law, between Hungary and some of its neighbours. The scope of the amended law seems to be limited to support for education and culture, and intended benefits appear not to be restricted to ethnic Hungarians.
"Implementation of the Act will depend in large part on secondary legislation. Any elements of this legislation that have effects in neighbouring States will need the support of the State concerned. As I noted in my statement of 26 October 2001 on 'Sovereignty, Responsibility, and National Minorities', it is a basic principle of international law that a State may only act within its jurisdiction which extends to its territory and citizenry. At the same time, the State of territorial jurisdiction should be positively disposed to agree to arrangements within the framework of its obligations to ensure full respect for the rights of persons belonging to national minorities. It is now vital that specific terms of such agreements should be worked out through the normal conduct of bilateral relations.
"I note that the Act on Hungarians Living in Neighbouring Countries has tended to strain otherwise good relations between Hungary and some of its neighbours. In the spirit of friendly relations, earlier and fuller consultations and better use of existing bilateral instruments and mechanisms might have reduced misunderstandings about the intentions behind the Act.
"One can conclude that the deliberations in relation to the Act have demonstrated the importance of the principle that protection of human rights and fundamental freedoms, including for persons belonging to national minorities, is the responsibility of the State having jurisdiction with regard to the persons concerned."