Forced Evictions in Hungary: Letter to Hungarian Prime Minister Viktor Orbán - open letter

09 August 2000

On August 9, 2000, the ERRC sent a letter to Hungarian Prime Minister Viktor Orbán to express concern at recent evictions of Roma from their housing in various parts of Hungary, as well as about recent legislation which may lead to large numbers of abusive evictions on racist grounds. In the letter, the ERRC called upon Prime Minister Orban to ensure:

• that persons evicted be rehoused forthwith and provided with the legal means to challenge their eviction;
• that any further evictions of Roma occurring in Hungary take place strictly according to the norms set down under international law;
• that recent amendments to Hungarian legislation in the field of housing be urgently reviewed and any laws found to violate international norms on adequate housing or forced evictions be repealed or amended.

The letter was copied to Parliamentary Commissioner for National, Ethnic and Minority Rights Dr Jenő Kaltenbach; Dr Toso Doncsev, head of the National and Ethnic Minorities Office of the Hungarian Government; and Mr Florián Farkas, chairperson of the National Gypsy Self-Government. The text of the ERRC letter follows:

Honourable Prime Minister Orbán,

The European Roma Rights Center (ERRC), an international public interest law organisation which monitors the situation of Roma in Europe and provides legal defence in cases of human rights abuse, is concerned at recent evictions of Roma from their housing in various parts of Hungary, as well as about recent legislation which may lead to large numbers of abusive evictions on racist grounds.

The ERRC conducted field research in the northeastern Hungarian town of Ózd, following reports that a number of Romani families had been evicted from their flats there. During research, the ERRC visited an apartment building at Number 11 Árpád Vezér Road, from which all of the inhabitants -- all Romani -- had recently been expelled. At the time of our visit, Number 11 was undergoing renovation, and two men in military fatigues stood in the window. They were evidently there to prevent unauthorised persons from entering the building. There was a large chest of drawers and a couch on the front lawn of Number 11, suggesting that authorities may have violated Hungarian legislation requiring that warehouse space be provided for the furniture of evicted families.

The ERRC met with a woman named M.K. who had been expelled from Number 11 and rehoused in Number 9 Árpád Vezér Road. Ms M.K. is reportedly among only three families from Number 11 who have been rehoused. No provision was reportedly made for rehousing the other nine families expelled, in contravention of international standards regulating permissible conditions for eviction. Ms M.K. had been served eviction papers from Number 11 on the grounds that she owes water bills of over 200,000 forints (over 750 Euros) for a period of two years. Her water bills are calculated on the basis of a common water metre and she has no way of checking their validity. It is unclear how long she can stay in Number 9: Number 9 is also slated for renovation. According to information provided by the non-governmental organisation Northern Hungarian Roma Union, two of the families expelled from Number 11 own their flats. Housing officials have reportedly told them that they can return to Number 11 after builders finish work there, but only if they pay 300,000 forints (approximately 1150 euros) for costs of the renovation.

In fact, the entire row of housing at the low numbers of Árpád Vezér Road -- housing which locals told the ERRC is approximately 90% Romani -- is reportedly slated for renovation. Concerning the future of Number 11, an article appearing in a local newspaper under the title "In Autumn the New Tenants Will Move In" and quoting information provided by a senior local official named Dr Csaba Almási, states that the new flats will be "comfort" flats, intended for higher income families. Also, there will be an expert committee reviewing applications to preclude applicants who do not have an "appropriate housing culture". Roma presently living in Árpád Vezér Road understand that the new flats are not intended for them.

Local government officials reportedly have shown Romani organisations in Ózd lists with the names of 172 Romani individuals and families, all slated for eviction. Of these, in addition to the twelve families from Number 11 Árpád Vezér Road who have already been evicted, 31 families have reportedly received eviction notices. According to information provided by the Northern Hungarian Roma Union, non-Roma have not been targeted to anywhere near the extent that non-Roma have for threatened eviction in Ózd, and no cases of evictions of non-Roma have been reported. In recent weeks, the ERRC has also received reports that approximately fifty Roma in the town of Kunszentmiklós and fifty Roma in the southern city of Szeged have been expelled from their housing. A number of Roma evicted in recent weeks in the Budapest neighbourhood of Zugló have been rehoused, but Roma evicted from Budapest's Király Street have reportedly been put on the street, without provision of alternate accommodation.

All of the Romani families evicted to date in Ózd have been expelled by court order. However, in the future, it will not be necessary for public officials in Hungary to seek permission of a court before evicting. New legislation in Hungary, in effect since May of this year, allows the notary public to order evictions. According to the law, "The notary public's decision cannot be appealed in an administrative way. The party who regards the notary public's decision as unlawful may file a complaint in order to change the decision within fifteen days of receiving the decision." However, "The decision ordering the eviction must be implemented within eight days, even if the party concerned has filed a complaint." Significantly, the new law includes provisions to protect evicted furniture, but not tenants. At least one complaint against the new legislation has been lodged at the Hungarian Constitutional Court by local rights groups.

Honourable Prime Minister Orbán, arbitrary forced evictions violate Article 8 of the European Convention on Human Rights (ECHR) guaranteeing the right to unhindered home and family life. The Universal Declaration of Human Rights, at Article 25, paragraph 1, provides for the right for all to an adequate standard of living, including the right to adequate housing. Article 11, paragraph 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) further states that everyone has the right to an adequate standard of living for himself and his family, including adequate housing and to the continuous improvement of living conditions. The International Convention on the Elimination of All Forms of Racial Discrimination -- Article 5(e)(iii) -- prohibits racial discrimination in the enjoyment of the right to housing. Discriminatory targetting of Roma additionally violates Article 14 of the ECHR, which bans discrimination on grounds of race.

Forced eviction, as defined by the UN Committee on Economic, Social and Cultural Rights, is “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection.” Instances of forced eviction can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law. In cases where the law permits evictions, states must make available all possibilities for legal recourse and effective remedy must be available to all persons affected. States must also ensure appropriate procedural protection and due process to persons threatened with forced eviction. Additionally, states are under obligation to review existing legislation and policies in the field of eviction and ensure their compatibility with obligations arising from the right to adequate housing; to repeal or amend any legislation or policies that are inconsistent with the requirements of the Covenant; to adopt adequate legislation which (a) provides the greatest possible security of tenure to occupiers of houses and land, (b) is consistent with the relevant human rights instruments and (c) is designed to control strictly the circumstances under which evictions may be carried out; to apply the law equally to all agents acting under the authority of the State or who are accountable to it; and to design legislative and other measures to prevent and, if appropriate, punish forced evictions carried out, without appropriate safeguards, by private persons or bodies.

Honourable Prime Minister Orbán, the ERRC is deeply concerned that, (i) at present, the numbers of Roma being removed from their places of residence indicates a disturbing pattern of discriminatory expulsions of Roma from their places of residence; (ii) Hungarian law has failed to provide effective protection to Roma against forced evictions; and (iii) recent amendments to the Hungarian legal regime governing tenancy have actually expanded the powers of local authorities to remove individuals from their homes without recourse to appeal and in violation of their individual rights. With anti-Romani sentiment in Hungary presently at very high levels, the ERRC fears that even larger numbers of Roma are now exposed to the prospect of forced homelessness. We urge you to undertake all actions available within the powers available to your office to ensure:

• that persons evicted be rehoused forthwith and provided with the legal means to challenge their eviction;
• that any further evictions of Roma occurring in Hungary take place strictly according to the norms set down under international law;
• that recent amendments to Hungarian legislation in the field of housing be urgently reviewed and any laws found to violate international norms on adequate housing or forced evictions be repealed or amended.

We kindly request to be informed of any actions undertaken by your office.

Sincerely,

Dimitrina Petrova
Executive Director

Persons wishing to express similar concerns are urged to contact:

Prime Minister of Hungary Dr Viktor Orbán
1055 Budapest
Kossuth Lajos tér 1-3
Hungary
Fax: (36 1) 441 4702

Cc: Parliamentary Commissioner for National, Ethnic and Minority Rights
Dr Jenő Kaltenbach
1054 Budapest
Tüköry utca 3
Hungary
Fax: (36 1) 269 3529

Cc: Dr Toso Doncsev
National and Ethnic Minorities Office of the Hungarian Government
1388 Budapest
PO Box 73
Hungary
Fax: (36 1) 239 0009

Cc: Mr Florián Farkas
National Gypsy Self-Government
1147 Budapest
Gyarmat utca 85/b
Hungary
Fax: (36 1) 222 4792