On Monday 30 March 2020, the Hungarian parliament is expected to vote on a new law which seeks a parliamentary mandate for the Government to rule by decree without a sunset clause or any other provision that would guarantee parliament can exercise proper oversight.
The law also creates two new crimes which would mean that anyone who publicises false or distorted facts that interfere with the “successful protection” of the public, or that “alarm or agitate” that public, could be punished by up to five years in prison. Amnesty is warning that both measures are inconsistent with international human rights law and standards.
Plans for the new law have been criticised by the Council of Europe, the European Parliament, the International Press Institute, and the Organisation for Security and Cooperation in Europe.
David Vig, Amnesty International’s Hungary Director, said: “This bill would create an indefinite and uncontrolled state of emergency, and give Viktor Orbán and his government carte blanche to restrict human rights.
“We need strong safeguards to ensure that any measures to restrict human rights adopted under the state of emergency are strictly necessary and proportional in order to protect public health.
“This new law must not bestow unlimited powers to the government to rule by decree beyond the pandemic.
“During his years as Prime Minister, Viktor Orbán has overseen a rollback of human rights in Hungary, stoking up hostility towards marginalised groups and attempting to muzzle Hungary’s critical voices. Allowing his government to rule by decree would likely speed this rollback."
Rupert Colville, Spokesperson for the UN High Commissioner for Human Rights, said: "The bill appears to give the government practically unlimited powers to rule by decree and bypass parliamentary scrutiny with no clear cut-off date.
"Under international human rights law, emergency legislation and measures should be strictly temporary, limited to addressing the situation at hand and contain appropriate safeguards. They must remain subject to meaningful legislative and judicial oversight.
"Among our other concerns, we understand that the bill stipulates that those who spread false or distorted information that may interfere in the government's response to the health crisis could face a prison term of up to five years.
"Disinformation clearly risks undermining efforts by authorities to combat the spread of COVID-19, and needs to be addressed, including by working closely with social media platforms to identify and flag dangerous messages that impede effective measures to protect public health.
"We are concerned, however, that the legislation as it is currently reported to be framed could negatively affect the legitimate work of journalists and have a potentially chilling effect on freedom of expression in Hungary. We urge the Hungarian Government to ensure the measures it takes are in line with its international human rights obligations."
* Amnesty International https://www.amnesty.org.uk/
* Office of the High Commissioner for Human Rights https://www.ohchr.org/EN/Pages/Home.aspx
[Ekk/6]
Diaspora*
Digg
Reddit
Newsvine
Technorati
StumbleUpon