Parliamentary Assembly

Draft resolution

1Concerned 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.

2Freedom of association, freedom of expression, as well as 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. Their respect 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).

3In recent years, the Assembly has 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, as well as changes to the legislation on non-governmental organisations (NGOs) in Azerbaijan imposing inappropriate restrictions on their activities.

4Regrettably, 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.

5The 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 defending human rights, and that it provides for a judicial, rather than administrative, review.

6The Assembly is concerned, however, about a number of issues that the Hungarian draft law raises with respect to freedoms of association and of expression, as well as the right to privacy, in particular as regards:

6.1the lack of public consultation prior to its submission to parliament;

6.2the obligation for NGOs receiving foreign funding to indicate this on all the materials published or distributed;

6.3the obligation for NGOs to submit detailed personal data of foreign donors, including private individuals

6.4the gravity of the sanctions provided in the draft, including ultimately the dissolution of the association for non-compliance with administrative obligations;

6.5the scope of application of the draft law, which applies to certain associations and excludes others, such as sports and religious organisations.

7The 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.

8The Assembly notes the numerous reactions by Hungarian and international civil society, as well as 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 Act on the Transparency of Organisations Receiving Foreign Funding in view of its incompatibility with international and European standards.

9The Assembly is all the more concerned about developments in Hungary in light of the recent vote by 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.

10In conclusion, the Assembly believes that recent developments in Hungary merit its close attention as well as 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:

10.1requests 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, as well as of the Act of 4 April 2017 amending the National Higher Education Act;

10.2calls 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;

10.3calls 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.

11The Assembly resolves to continue to follow closely developments in Hungary.