HUNGARY S SITUATION IN THE CONTEXT OF MODERN-DAY MASS MIGRATION

HUNGARY S SITUATION IN THE CONTEXT OF MODERN-DAY MASS MIGRATION Compiled by Csaba Grezsa and Vilmos Frigyes Nagy International Communications Office Budapest, 14 September 2015 1

I. MOST IMPORTANT DATA... 3 II. REFUGEE CRISIS OR ECONOMIC MIGRATION?... 3 III. RESULTS OF THE NATIONAL CONSULTATION... 4 IV. CHANGED LEGAL ENVIRONMENT FROM 15 SEPTEMBER ONWARDS... 4 V. POSITION OF THE GOVERNMENT OF HUNGARY ON MIGRATION... 5 VI. POSSIBLE HOT QUESTIONS AND ANSWERS... 6 VII. INFORMATION ON THE CARE OFFERED TO MIGRANTS BY THE HUNGARIAN GOVERNMENT... 9 VIII. ASYLUM PROCEDURE... 11 IX. USEFUL LINKS, ANNEXES... 13 2

I. MOST IMPORTANT DATA So far this year (up to 14 September 2015) the Office of Immigration and Nationality reports that 191,702 migrants have arrived in Hungary in total (190,762 of them across the Serbian border), while the number of registered asylum applications stands at 170,578. The Office has made decisions in 67,000 cases; final decisions, however (mostly refusals), have been made in only just over two thousand cases, as the rest of the procedures have been terminated because before they could be completed asylum seekers have left for unknown destinations. In total, 300 people have been granted asylum status, i.e. this is the number of migrants who have been recognised as refugees, persons permitted to stay temporarily or protected persons. At the same time, 95,000 applications are awaiting assessment, but the Office of Immigration and Nationality takes the view that most of the applicants have already moved on. At the beginning of the year almost 25,000 people came from Kosovo, but later asylum seekers from Syria (63,000), Afghanistan (44,000) and Pakistan (15,000) were in the majority. According to the data of the Office of Immigration and Nationality, almost one third of Syrians have arrived in the last three weeks. The police have records of 190,000 people illegally crossing the border this year; four thousands of them have been deported. By the summer of 2014, the Hungarian government was already drawing the European public s attention to the fact that economic migration will be the greatest challenge which Europe will be forced to face in 2015. Hungary s position has been clear and explicit right from the beginning: Hungary is pursuing a policy which seeks to counter this process. We take the view that migration is a process which cannot be adequately managed and controlled, and must be brought to an end. II. REFUGEE CRISIS OR ECONOMIC MIGRATION? In European discourse, very often no distinction is made between the plight of those who are genuinely fleeing for their lives and those who come to the territory of the EU for economic reasons. Prime Minister Viktor Orbán has said, these people are no longer fleeing to safety: those who have reached Turkey, Greece, Macedonia, Serbia, Hungary or Austria are already safe. This has nothing to do with the moral responsibility we bear for a person fleeing for their life: these people are not fleeing for their lives; they simply picked out the German lifestyle as something they see as desirable. The fact that many migrants have already moved on even from Germany (e.g. to Denmark) also underlines the fact that this flood of migration is economically motivated. 3

III. RESULTS OF THE NATIONAL CONSULTATION The people who returned the National Consultation questionnaires (some 1 million citizens) have clearly given their opinion: we need more stringent regulations, both in Europe and in Hungary. We must curb this modern-day migration and the illegal crossing of our borders, Government Spokesperson Zoltán Kovács has said. Prime Minister Viktor Orbán takes the view that in 90 per cent of European Union Member States, there is a gap between the views of the public and the policy of the elite; this is a grave problem in a democracy. In a democratic system, we cannot live with this internal contradiction for long. In Hungary, by contrast, the National Consultation has confirmed areas of agreement between the public and the Government; this gives democratic stability to the functioning of the Government, and the Government therefore stands by its refugee policy. As the Prime Minister has put it: We launched the National Consultation in good time in order to reach a consensus which would give us and me as a leader authorisation to act. If I had not already had the National Consultation, there could have been further debate about what the people think; that would have led nowhere. But there is no need for such a debate now because, with the National Consultation, we reached points of agreement, on the basis of which we can now take action. Additionally, the European Union itself told us that we should not act independently, because there would be a common European solution, for which we waited for about two or three months. When I saw that this squabble would result in anything but a common European solution, we immediately launched our own national policy. I believe that, under the circumstances, we took firm action, and in good time, based on a democratic premise. In line with the results of the consultation, and with regard to the complexity of the issues of economic migration and refugee affairs, asylum procedures will be accelerated, and from 15 September onwards human traffickers can expect heavier sentences. IV. CHANGED LEGAL ENVIRONMENT FROM 15 SEPTEMBER ONWARDS According to Justice Minister László Trócsányi, legislative amendments seeking to improve the management of mass migration presented to Parliament by the Government will result in asylum procedures which are swifter and more effective, an extended range of measures necessary for protecting the country s borders, and more stringent regulations under criminal law against human traffickers. The proposal concerns ten laws. The proposal also takes due account of Hungary s obligations arising from the Dublin regulations and the requirements of the Schengen Agreement. The amendment of the asylum legislation seeks to accelerate asylum procedures. To this end it permits the relevant procedures to be conducted at the border. Based on the model of a state of emergency due to infectious disease, the Government will have the authority to declare a state of emergency caused by mass migration. This will be in the event of the 4

emergence of certain circumstances as defined in law, subject to the notification of the Policing Committee of Parliament, and on a temporary basis. The amendment of the Act on the Protection of the State Borders introduces the concept of the transit zone. The essence of this is that as with an airport transit zone it is situated in the territory of a given state, but persons within it do not actually enter the country from the point of view of immigration regulations. In addition to border checkpoints, these transit zones will be available for the submission of asylum applications, which will be assessed in an accelerated, on-site procedure. The Civil Procedure Act will also be amended. The Szeged Public Administration and Labour Court will have exclusive jurisdiction over the review of asylum procedures conducted at the border. The amendment of the Penal Code and the Criminal Procedure Act primarily permits stringent and effective action against human traffickers, and it therefore seeks to increase the sentences which can be handed down for human trafficking. The Penal Code will include three new categories of offence: prohibited crossing of the border fence, vandalisation of the border fence, and obstruction of construction work related to the border fence. In less serious cases, the proposed changes would permit suspension of custodial sentences and deportation for those violating the new rules. V. POSITION OF THE GOVERNMENT OF HUNGARY ON MIGRATION Hungary will continue to observe all applicable EU and human rights agreements and conventions, as it has done in the past. Our position is humane and consistent. Hungary is ready to receive everyone in need of protection, as it did, for instance, during the Balkan crisis. However, the Government firmly represents the position that modern-day economically motivated mass migration is harmful to Hungary. Therefore we are only able to provide protection to those who are genuinely fleeing for their lives and are compelled to leave their homes due to their political affiliation, race or ethnic identity. As a border country of the European Union, it is the duty of Hungary to protect the external border. At the same time despite allegations to the contrary the Government has not closed this border; it is merely building a temporary physical border fence on the Serbian border section to reduce the record number of illegal border crossings (some 170,000 this year), and to divert the flood of migrants coming from the South towards border checkpoints, thereby controlling entry into the territory of the European Union. In the first phase of the protection of the southern border, erection of the emergency wire fence was completed by 31 August, and an almost four-metre-tall NATO fence will be erected by November. The latter is expected to provide watertight security to this section of the border, thereby prompting migrants to seek legal entry to the territory of Hungary and the European Union at continuously operational border checkpoints. Hungary continues to remain committed to protecting its borders, and continues to insist on complying with the provisions of the Schengen Agreement. This is not optional for any of the 5

signatory countries, as the Agreement stipulates that external Schengen borders may only be crossed at border checkpoints. If the Hungarian government stopped complying with its obligations under the Schengen Agreement, this would automatically result in Hungary finding itself outside the Schengen system, and its citizens would forfeit one of the most practical of European Union rights: freedom of movement between Member States. Hungary does not agree with a quota system aimed at distributing migrants, and takes the view that the introduction of such a system is not timely. We are of the opinion that this would send the message to those setting out for Europe that they will be able to enter the continent. If we succeed in arranging for the protection of our borders, we may then talk about the introduction of a fair quota system, provided it takes account of the inequalities between Member States in the migration burdens borne by them. Hungary is making every effort to keep the asylum procedure within the boundaries of EU law: it registers asylum seekers and conducts asylum procedures in accordance with relevant EU regulations. Regrettably, however, the authorities are increasingly faced with the fact that the vast majority of people coming to Hungary are evading the authorities and arriving illegally, and many of them are not even prepared to cooperate in official procedures. Hungary is now in a situation in which it is no longer merely required to act as a bridge between East and West, but must act as a bastion defending our common European values. VI. POSSIBLE HOT QUESTIONS AND ANSWERS Why does Hungary not let migrants travel on to Germany if they do not want to stay in Hungary? The current legal framework clearly defines Hungary s room for manoeuvre. The Dublin III Regulation 1 simply does not permit this. If Hungary were to allow migrants to move on to other EU Member States without registration, it would be in serious breach of the agreement approved by the Member States. According to the current regulations, an asylum application must be assessed in the country where the applicant first entered the territory of the EU. Why must the border with Serbia be closed? First of all, it is important to clarify that closure of the border section was never even an option. Closure of the border would mean that there would be no possibility to cross it. By contrast, it will 1 Full title of Regulation: Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. 6

continue to be possible to cross the Hungarian border at the designated points. Life goes on. The Serbian-Hungarian border may be crossed legally just as it has been until now; it is only closed to illegal border crossing. Illegal border crossing is a crime. At the same time, the requirement of equality before the law would not be upheld if migrants were not subject to the same rules as the citizens of Europe. We need the temporary physical border barrier in order to enable Hungary to meet its obligations to the other Member States of the EU. As we are protecting the external borders of the EU, this responsibility is greater than that of most Western European countries. As of 7 September 2015, the police have information on 167,000 illegal migrants. Experience shows that with the construction of such border fences the number of people crossing borders illegally falls to one-sixth or one-seventh of previous levels. Why does Hungary not agree to take on refugees like other EU Member States? Hungary s position is clear on this issue as well. As the Americans say: first things first. This is the position we represent. Until we are able to protect Europe s external borders, there is no point in conducting a debate at a political level on the fate of migrants. It is absurd for some Member States to say how many billions of euros they will spend on migrants arriving in their countries, instead of giving that money to safe countries in the vicinity of crisis zones; the latter should be the refuge area for people who are now coming here in large numbers. We think that by talking about spending money on absorbing migrants, such Member States are sending migrants the message that the doors are open and they are all welcome to come. Hungary is already coping with more than its fair share of modern-day mass migration. In the first eight months of 2015, fifteen times more people came to Hungary than for the whole of 2013; this is imposing a very significant burden on the police and the Office of Immigration and Nationality, not to mention the cost of one-off investments. We might point out that Hungary is not one of the richest countries in the EU. In relative terms we are among those countries taking on the largest share of the burden, both in terms of resources and finances. Why is it necessary to take migrants fingerprints? The Hungarian authorities have an obligation to take fingerprints; they send them on to the European Union s fingerprint database (EURODAC), in order to ascertain whether the applicant has already submitted a previous asylum application or has previously stayed in another Member State. In the EURODAC system migrants fingerprints are treated confidentially. If we did not take fingerprints, we would be violating regulations governing the procedure, and from a practical point of view it would be impossible to find out if a migrant had been previously expelled from the territory of the EU for criminal activity or for any other reason. It is a regrettable trend that migrants are deliberately obstructing verification of their identities. The woods near the southern border are littered with burnt and buried documents. An example of this 7

trend was the first notable fracas, in Röszke on 25 June, when migrants did not allow their fingerprints and photos to be taken, and refused to register. One EU Member State has announced that it will only accept refugees of a certain faith. Is Hungary preparing to take similar action? The citizens and Government of Hungary respect every religion and culture. We do not distinguish between people based on their faith or religion. At the same time, the Government shares Robert Schumann s viewpoint: Europe and Democracy would either be Christian or not at all. We do not reject multi-cultural or multi-ethnic solutions; but we believe that a trend similar to the one we are observing at present is undermining Europe s foundations, which are based on both antiquity and Judeo-Christian culture. Therefore we receive with respect people who likewise respect our culture and accept our common European values, and we treat them as partners. We believe that what is at stake at present is Europe, the European lifestyle, and the survival or disappearance of European values and nations or their alteration beyond recognition. What is the difference between the positions of the governing parties and the extreme-right Jobbik? The Hungarian government firmly rejects all forms of prejudice against groups and all forms of religious or racial discrimination. Regrettably, extreme-right parties are prone to actions which are not compatible with the ideals of a Christian-conservative people s party, and which are therefore unacceptable to us. We have done and shall continue to do no more or less than what we are obliged to under EU regulations, and with regard to the responsibility of governance. Why does Hungary reject the European quota system? Under what conditions would Hungary accept a refugee quota? The Hungarian position is not against quotas. The Hungarian position does not exclude the possibility of talking about quotas at some point in time, in a fair manner; we have a problem with timing. As the Americans say: first things first. This is the position we represent. Until we are able to protect the external borders of Europe, there is no point in conducting a debate at a political level on the fate of migrants. Of course, experts are free to have discussions, but while the fundamental problem persists these are merely theoretical debates. What is Hungary s proposal for resolution of the migrant crisis? Hungary has a vested interest in the formulation of a common European solution which is acceptable to everyone. The problem must be resolved where it emerges. At present, due to the instability of the Middle East and events in Turkey, the geopolitical situation is so complex that only firm, common transatlantic resolve will be enough to address the problems we are facing. Once we have this, we can then talk about quotas and migration policies in a reasonable fashion. 8

What is the point of the fence if the number of migrants arriving in Hungary has not decreased since the deadline at the end of August? It is important to clarify that at present the fence we have on the border is not the final fence. The role of the NATO fence due to be completed by the end of October will be to effectively prevent illegal crossing of the green border. This formidable 3.5-metre-tall barrier will direct everyone coming in this direction towards the legal border checkpoints, which is also an urgently needed means of significantly reducing the role of human traffickers and the exposure of migrants to organised crime. The protection of such a long section of border which has no geographical obstacles but is nonetheless irregular is not feasible without a border fence. In what way have relations between Hungary and the EU changed as a result of recent events? Hungary is a member of the EU, and will continue to remain an EU Member State. The alliance of the parties is strong, even if there are issues which do not provoke the same reactions in the Visegrád countries as in Western Europe. The European community has grown strong and prosperous through its ability to integrate countries with different languages and different historical backgrounds. In this sense we have a multi-ethnic system, rather than multi-cultural one, as the foundations of our countries were laid on the legacy of antiquity and Judeo-Christian culture. What do you see as the biggest problem in the current situation? We believe that what is at stake at present is Europe, the European lifestyle, and the survival or disappearance of European values and nations or their alteration beyond recognition. We must not let this happen, as then we would lose our identity; without a firm identity, there can be no success either in economic or cultural senses. VII. INFORMATION ON THE CARE OFFERED TO MIGRANTS BY THE HUNGARIAN GOVERNMENT Illegal migrants are arriving in Hungary in unprecedented numbers, and the Government is providing a level of care to those entering the country across the green border which is disproportionate to its economic resources. Allegations which claim that the care provided for migrants in Hungary is inadequate are simply false. During the course of their journey, migrants entering Hungary are arriving in the first state to offer them genuine care, rather than merely sending them on their way. The ministry responsible for social affairs and health care has convened the Charity Council (which comprises church and civil society organisations) several times in order to coordinate the efforts of those who wish to help. The Government is continuously liaising with charitable organisations, and Prime Minister Viktor Orbán has personally satisfied himself of their efforts and experience. In contrast to a number of Western 9

European countries, migrants arriving here are safe; there has not been a single incident involving an attack on camps or reception centres. Care provided for migrants The Hungarian government has set up camps and opened a hangar near the Serbian border, where illegal migrants arrive in Hungary. At these facilities they are given food and water, and are also registered. They can use public transport, free of charge, to reach one of these four reception centres, where the Hungarian state provides care for them. The Government is setting up further camps to accommodate migrants. The state spends HUF 4,300 per day on care for each illegal migrant. By comparison, the monthly minimum wage in Hungary today is HUF 105,000 (HUF 3,500 per day). In addition to three daily meals, after 30 days illegal migrants at reception centres receive a small amount of spending money, to dispose of as they wish. Health care Hungary provides disease-related and emergency care for every person within the territory of the country, regardless of their nationality. There have been several instances recently in which children have been born to migrant mothers in Hungarian state hospitals. Baby food and milk are provided for babies in sufficient quantities. Those who have already submitted their asylum applications are eligible for free general medical care, including free medicine which may be necessary for their treatment, inpatient and outpatient care in surgeries and hospitals in medical emergencies, as well as personal hygiene products. Fewer than ten per cent of migrants attend medical screening tests, and only a fraction of them return for their results; this now represents a major epidemic risk in Hungary. Care provided for children and schooling Unattended minors are entitled to the same general child welfare services as Hungarian children. One state home and one church home for children have been designated, where in separate organisational units they are assisted by interpreters, mental health experts and teachers. Educational institutions near reception centres and camps are able to receive migrant children; these are not educated in segregated groups, but together with other pupils, in an integrated fashion. In order to provide adequate schooling and education, during their stay at the reception centres the asylum authority covers the school education costs of applicant children, as well as the cost of meals, travel, accommodation and one-off school enrolment support. Conclusions Hungary is dealing with this crisis caused of modern-day mass migration to an extent which far exceeds expectations based on its economic resources. In many cases lack of cooperation from 10

migrants makes the work of the authorities and volunteers more difficult. The Hungarian state is unable to provide for a migrant who refuses to cooperate with the Hungarian authorities, is unwilling to move to the designated facility and is not prepared to undergo registration. In recent months Hungary has prevented the emergence of a humanitarian disaster on the European Union s border. VIII. ASYLUM PROCEDURE Method for submission of an application In Hungary the asylum procedure starts with an application for recognition as a refugee submitted to the asylum authority; upon their arrival in Hungary applicants are required to immediately state that they wish to apply for international protection. Asylum detention The authority to order asylum detention is not within the remit of the immigration authority, but that of the asylum authority. Detention may be ordered for a maximum period of 72 hours, which may be extended by a maximum of 60 days upon request by the asylum authority to a court of law. The asylum authority may request a number of subsequent 60-day (maximum) extensions, but the overall period of detention must not exceed six months. Fingerprints and identity photograph After submission of an asylum request, the Hungarian authorities are required to take the fingerprints of all applicants aged 14 or over; these fingerprints must be sent to the European Union s unified fingerprint database (EURODAC), in order to ascertain whether the applicant has already submitted an asylum application or has previously stayed in another Member State. The fingerprints of migrants are treated confidentially in the EURODAC system. In addition to fingerprints, an identity photograph is also taken, which is likewise treated confidentially. Costs If this is the applicant s first asylum application in Hungary, both the procedure before the authority and the procedure before the court are free of charge. Translation and interpreting costs are borne by the Office of Immigration and Nationality. Procedural time limit The procedural time limit is 60 days, during which period a personal interview is conducted. However, the authority has the power to assess applications within shorter periods in accelerated procedures. 11

Interview and its written record PRIME MINISTER S OFFICE A personal interview is conducted during the asylum procedure, with the assistance of an interpreter. At the interview the applicant must state the reasons for their application and the circumstances of their arrival in Hungary, and must provide the authority with any evidence in support of their application which has not yet been presented. The applicant is required to state why they were forced to leave their country and the reasons for their application, they must describe the details of the persecution they have been or may be subjected to, and must state the circumstances which prevent them from returning to their country of origin. It is important that the applicant should disclose the circumstances of their escape fully and correctly, and should specifically state the threat which they would have to face upon returning home. Decision The following decisions may be adopted in an asylum procedure: Recognition as a refugee Recognition as a protected person Temporary stay with special permit: the applicant may stay in Hungary temporarily Full rejection of application Termination of procedure If the applicant is granted international protection as described above (refugee, protected person or prohibition of deportation to country of origin), they are authorised to stay in the territory of Hungary. Termination If the applicant refuses to allow the taking of their fingerprints or photograph, or refuses to make a declaration, the authority terminates the procedure, or adopts a decision on the basis of the information available to it. If the applicant departs for an unknown destination, the asylum authority may terminate the procedure, or may adopt a decision on the application on the basis of the information available to it. Legal remedy The applicant may appeal against a decision refusing their application before a court of law within the time limit stated in the decision. The court can either uphold or amend the asylum authority s decision, but may also instruct the authority to conduct a new procedure. Expulsion If the authority refuses the application, or the applicant withdraws their application in writing, prevents assessment of the application by refusing to make a statement, fails to attend the personal interview, or refuses to allow the taking of their fingerprints or photograph, and there are no other grounds for approving their stay in Hungary, the authority provides for the expulsion of the applicant 12

from the territory of the European Union; this will be enforced by the immigration authority. The asylum authority may also issue a ban on entry and residence. IX. USEFUL LINKS, ANNEXES Official website of the Government of Hungary (kormany.hu) Official website of the Hungarian Police (police.hu) Official website of the Office of Immigration and Nationality (bmbah.hu) Official website of FRONTEX, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (http://frontex.europa.eu) Government Spokesperson Zoltán Kovács s English-language blog (@abouthungary) 13