In a nutshell, without a word of exaggeration: the law amendment changes an already ill-functioning national asylum system into a physically isolated, fenced off container camp area at the Southern border, and allows for the authorities to keep the rest of the country ‘clean’ of people seeking protection. The camp area will be a center for processing and managing its people regardless of who they are, where are they coming from, how old they are or what they need. The same in facts: the amendment legalizes detention for all asylum seekers, including children in families and unaccompanied minors over 14. The law will also allow for a ‘collection’ of asylum seekers from all around the country (more on that below). The timeframe for appealing a negative asylum decision is now shortened, from the already extremely short deadlines, to three calendar days, and asylum applications can now be rejected also based on “not cooperating” with the authorities, in which case the case will be closed and the person will be pushed to Serbia with no way to appeal the decision. In case of a negative decision, the asylum seeker should also pay for their own detention, such as accommodation and food, to the Hungarian state. The new amendment also makes it possible to apply for asylum only through the transit zones which is extremely problematic considering the fact that only five people per working day are allowed to access a transit zone from Serbia and waiting times are around one year at the moment.
The Hungarian government has passed an amendment in the national legislation on March 7th 2017. The content is a blatant attack on people who are seeking international protection. Several legal rights professionals have done a great job reacting to the content of the legislation, and explaining why it is in such striking contradiction with existing laws (the Hungarian Helsinki Committee, UNHCR, UNICEF, Amnesty International, Human Rights Watch), so Migszol will in turn try to open up these obscure legal changes to reveal what it does to people on a very practical level. In a nutshell, without a word of exaggeration: the law amendment changes an already ill-functioning national asylum system into a physically isolated, fenced off container camp area at the Southern border, and allows for the authorities to keep the rest of the country ‘clean’ of people seeking protection. The camp area will be a center for processing and managing its people regardless of who they are, where are they coming from, how old they are or what they need. The same in facts: the amendment legalizes detention for all asylum seekers, including children in families and unaccompanied minors over 14. The law will also allow for a ‘collection’ of asylum seekers from all around the country (more on that below). The timeframe for appealing a negative asylum decision is now shortened, from the already extremely short deadlines, to three calendar days, and asylum applications can now be rejected also based on “not cooperating” with the authorities, in which case the case will be closed and the person will be pushed to Serbia with no way to appeal the decision. In case of a negative decision, the asylum seeker should also pay for their own detention, such as accommodation and food, to the Hungarian state. The new amendment also makes it possible to apply for asylum only through the transit zones which is extremely problematic considering the fact that only five people per working day are allowed to access a transit zone from Serbia and waiting times are around one year at the moment.
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Wednesday was Ahmed H.’s final hearing. Accused for ‘terrorism and other crimes’, after a series of extremely biased trial hearings and without any evidence he was sentenced to 10 years of prison and expulsion from Hungary. 10 years of prison, for talking to a megaphone and throwing 3 stones, or as we should say more accurately after the trails, for being Muslim and a migrant. The protests at Röszke border crossing Ahmed was arrested a bit more than a year ago, shortly after the 15th of September 2015, when the Hungarian government closed its border with Serbia. During the night, irregular border crossing into Hungary became a criminal offence. Hundreds of people who wanted to move on to find international protection were blocked at the Röszke–Horgos border crossing without legal information and extremely limited support. Some people started to protest to move on. The situation got increasingly tense until it escalated and police started using tear gas and water cannons and protesters were throwing stones. Ahmed H., was among those who communicated with a megaphone between the crowd of protestors and the police, tried to calm both sides down and later also started throwing stones. When the counter-terrorist police force attacked the waiting crowd, ten people of the crowd - among them Ahmed’s parents, with whom he was travelling to support them on their way to Germany to seek international protection and medical help - were arbitrarily singled out and arrested in the police operation, as they were among those who could not leave quickly enough due to their age and health problems. These ten people were brought to court and accused of “participation in a mass riot” and “border violation”. Ahmed was brutally arrested later at a train station and imprisoned, waiting more than a year for his verdict. This is a Migszol update from 5 August to 5 September. The month has been characterized by increasingly ruthless violence at the Serbian-Hungarian border, ever-growing aggressive propaganda against migrants of all kinds now that the national referendum is drawing closer, and the heated international relations between European states because of the insecure EU-Turkey deal.
Before we begin, it is important to notice that a year ago we were living through a very significant time. It is the anniversary time of what we learnt to call “the migration crisis in Hungary” in 2015. Last week the politics of migration in Hungary reached another - particularly classy- high. Root vegetables carved as strawmen, also known as “bird-scarers”, were put up at the Southern border of Hungary to scare off the ones who are on the run to save their lives. György Schöpflin, a Member of the European Parliament for Fidesz, responded to the international criticisms regarding this innovative protection of national sovereignty by saying that placing pig heads at the border instead would actually do a better job deterring the Muslims entering the country. As we do not want to inspire Mr. Schöpflin or the government itself any further by criticizing these ground-breaking technologies of border control, we want to further discuss the costs and benefits of each option, and ask for your opinion as well, as this is what democracy requires. Should Hungary use root vegetables or pig heads to defend its borders? As the sovereign citizens of this country, you can go and cast your vote on 2nd of October, and have your say on the issue. So, should it be option 1 - root vegetables? First of all, root vegetables constitute a significant option as they are widely used in the national cuisine of Hungary: Vadas maria and Goulash, just to name a few of the traditional dishes, use root vegetables as ingredients, satisfying culinary pride and national sensations. Secondly, root vegetables are abundant in Hungary, which decreases the amount of investment that needs to be made in order to strengthen the border controls. Plus, carving the border-guarding-root-vegetables can be introduced as an activity for the school children, which is a win-win situation: children of this country will grow up knowing that they took part in these novel efforts, and, well, the carving will get done. As root vegetables are available throughout the year there will also not be any shortage of border materials. The Park
One August Sunday afternoon, we arrive in the park and immediately are in the middle of a protest. One would think it is a joyful celebration: music plays, people are having drinks and food, talking, but the topic is quite serious: this is “The park is for everyone” solidarity event during which volunteers and refugees try to raise awareness about what is going on in the city: that asylum-seekers are being forced out of public areas and are pushed into camps and to register. We are in Belgrade, in a park often referred to as ‘Info park’, named after an NGO which is active here. It is situated on the side of the road next to the railway station and - similar to II János Pál square / John Paul the Second square - served for a long time as a transfer point for many refugees for a few nights before continuing their journey, much like the “Afghani park” on the other side of the road as well. The situation on the Hungarian border, however, became increasingly dramatic and serious. As an employee of the Infopark put it: last summer, the atmosphere at night was actually quite happy, people played music and had fun. They knew they were supposed to spend only a few days here, which made them optimistic and full of hope. However, most of the people who are currently here have been here for months now, many already tried leaving and continuing their journey but all attempts failed and no one has any idea what lies ahead. People do not have any reasons to be happy and enjoy the music anymore. In the last weeks more and more reports about serious violence at the Southern borders of Hungary have been spread (eg. the UNHCR and Human Rights Watch reports). We, among many people in Hungary, are shocked and thinking of how to do something to stop the violence happening at the borders. Even if it is only a small gesture, now there is something we can personally do: email the police and demand them to take those uncountable cases seriously and start investigate about the violent actions at the borders. More information about the complaint of public interest: http://www.police.hu/ugyintezes/beadvanytetel Instructions:
Thank you! ******************************************************* Dear Sir or Madam,
I am writing to you, because I am seriously worried. In the past few weeks several trustworthy organization, such as UNHCR and Human Rights Watch, have published reports about violent actions against asylum-seekers at the Southern borders of Hungary. Other groups working in the field also collected testimonies from victims, for example the Hungarian Helsinki Committee and the Jesuit Refugee Service. According to these reports and testimonies these violent happenings are committed by some people wearing uniforms which can mean police officers, soldiers, field guards, vigilantes or self-organized paramilitary groups. The victims reported that they were brutally beaten and abused and then pushed back to Serbia. They said that perpetrators often used gas-spray or pepper-spray, set dogs on them, kicked and beat them, put plastic handcuffs on them and forced them through small openings in the razor wire fence, causing further injuries. I saw the statements and answers from the Ministry of Interiors and the police declaring that the authorities did not take part in any violent actions. These responses show that you understand the seriousness of this problem. At the same time it would be very important to see further reactions and actions from the authorities, since physical violence against any human being is absolutely not acceptable. I do hope that the Hungarian police as a democratically functioning law enforcement authority can act with responsibility to protect human integrity. With this in mind I ask you to do all in your power to investigate the violence against asylum-seekers. I ask you to stop the violence and to ensure that the integrity and rights of those seeking protection in Hungary, in Europe are respected. Yours faithfully, With our first and second situation update, we have started a series of documentation in which we report every other week about the asylum situation in Hungary. The information either comes from us, or then we collect information from people working in the ground about camps, detention centers, transit zones and the border areas and make relevant up to date information available in English.
Overview on the Balkan route and numbers This week a lot of changes have taken place along the Balkan route. While the EU-Turkey deal got blocked by Greece as Greek courts decided Turkey is not a safe country for refugees, and the evacuation of thousands of people in Eidomeni by Greek authorities has started, Bulgaria is planning to build more fence on its border with Greece and Turkey to limit the entry of asylum seekers. The number of people continuing to arrive in Serbia - where supporting infrastructure is urgently needed - and travelling on to Hungary is growing. According to the Hungarian border police 776 people were registered to enter into Hungary under the fence, and were apprehended between May 18th and 23th. UNHCR estimates the number of people entering Hungary from 18th to 22nd at around 772 people in total. For Austria, up to date information on the numbers is unfortunately not available. In comparison to the last weeks this means that the numbers are rising. We ask the Serbian and Hungarian Authorities and UNHCR on both sides to facilitate access for NGO's and Volunteer groups to the stranded people in Kelebija and Horgos - we do not want a repetition of summer 2015. Between 60 to 200 people are waiting in front of the two official Tranzit Zones on the Hungarian-Serbian border in Kelebija and Horgos since days, some of them since weeks. The Hungarian authorities reduced the number of accepted entrances from 30 to 20 recently and often they accept only 12 or 15 people. Usually they chose one or two families, take them in and close the doors for another day. During the last few days, the practice was that they let only Syrian or Iraqi families in. The Afghan, Pakistani, Iranian, Somali families are left waiting, and eventually return exhausted to Belgrade. One Afghan family is stranded there since 4 days and nights with several small children. The mother is pregnant. They have been talking to UNHCR on both the Serbian and the Hungarian side with no success. So far only MSF and UNHCR get access to the people stranded on the Serbian side of the Hungarian transit zone. No other support structures are in place. Nobody is allowed to hand out tents, which means that people are exposed to all weather conditions. There are no sanitary facilities at all. The situation is deteriorating daily. In Belgrade we witnessed 200-300 new arrivals daily during the last week. The actual number might be double as high. Numbers are increasing, not decreasing. Most of the newly arriving people come through Bulgaria, where they have been jailed and tortured, chased through forests, walked for many hours and lacked food and water. Nevertheless, NGO's are planning to withdraw in many places, closing their missions, while numbers show that the need for support is increasing. Be aware and react early enough everywhere in Serbia and Hungary - we do not want a repetition of summer 2015. |
AuthorThis blog is ran by members of Migszol, it features our analyses and reflections on asylum questions in Hungary in more depth. If you would like to write a guest piece, drop us a line! Archives
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