OPERATION STARVE & STRANGLE: How the government uses the law to repress Hungary's civic spirit

On 13 February 2018, the Hungarian government introduced in Parliament the ‘Stop Soros’ package, a legislative proposal of three bills that target civil society organisations working on migration.

● Bill T/1976 on the licensing of organisations supporting migration;

● Bill T/19775 on the immigration financing duty;

● Bill T/19774 on the immigration restraint order.

These laws follow up on the 2017 NGO Law on foreign-funded organisations (Act LXXVI of 2017), for which the European Commission has launched a lawsuit against Hungary at the EU Court of Justice. The 2017 NGO Law requires that NGOs receiving foreign funding over €24,000 register on a separate list, report and publicly label themselves as ‘foreign-funded’ or face sanctions.

The latest set of proposals comes amidst a wider effort to stigmatize specific individuals and non-governmental organisations, and has been presented as a bid to stop migration’, to ‘strengthen the protection of borders’ and to ‘protect Hungary’s national security interests’. The proposed measures will subject a number of areas key to the functioning of civic life in Hungary to government authorisation. They not only target those who engage in ‘supporting or funding migration’, but open the door to further arbitrary and politically motivated measures against civil society and freedom of expression in Hungary.

Read our full analysis with the Hungarian Helsinki Committee here. 

These laws follow up on the 2017 NGO Law on foreign-funded organisations (Act LXXVI of 2017), for which the European Commission has launched a lawsuit against Hungary at the EU Court of Justice. The 2017 NGO Law requires that NGOs receiving foreign funding over €24,000 register on a separate list, report and publicly label themselves as ‘foreign-funded’ or face sanctions.

The latest set of proposals comes amidst a wider effort to stigmatize specific individuals and non-governmental organisations, and has been presented as a bid to stop migration’, to ‘strengthen the protection of borders’ and to ‘protect Hungary’s national security interests’. The proposed measures will subject a number of areas key to the functioning of civic life in Hungary to government authorisation. They not only target those who engage in ‘supporting or funding migration’, but open the door to further arbitrary and politically motivated measures against civil society and freedom of expression in Hungary.

Read our full analysis with the Hungarian Helsinki Committee here. 

Share

Related articles

HCLU's analysis of the seventh amendment of the Fundamental Law

The seven-year-old Fundamental Law of Hungary has been amended for the seventh time. Any amendment of the Fundamental Law should theoretically be based on a broad political consensus because a constitution does not reflect the majority’s will, but instead provides a legal framework for a government gaining majority via any democratic election to implement their political commitments. An ideal constitution provides for the possibility to govern according to different ideologies and defines the clear limits of governance that shall not be transgressed.

What Is The Problem With The Hungarian Law On Foreign Funded NGOs?

On 13 June 2017, the Hungarian National Assembly (Parliament) adopted the Act LXXVI of 2017 on the Transparency of Organisations Supported from Abroad (hereinafter: the Law). It obliges associations and foundations that receives at least 7.2 million HUF annually from foreign source to register with the court as an organization receiving foreign funding, to annually report about their foreign funding, and to indicate the label “organization receiving foreign funding” on their website and publications. The list of foreign funded NGOs is also published on a government website.

Government decides on totalitarian refugee laws

With the use of the military inside the country and the reclassification of illegal border crossing from an offence to a crime, the government would put in force totalitarian practices before the change of the regime. Therefore, TASZ calls upon the parliamentarians to reject a law which ignores the basic requirements of constitutionality in light of the human rights crisis produced by the high number of refugees.