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Since 27 May 2020, nearly all those who wish to apply for asylum in Hungary have been unable to do so
UNHCR continues to be gravely concerned over the near-total lack of access to asylum for refugees fleeing to Hungary from countries other than Ukraine and calls on the Government of Hungary to ensure that all people fleeing war, violence and persecution, no matter where they are fleeing from, have access to territory and asylum, in line with the country’s international and EU law obligations.
Since 27 May 2020, nearly all those who wish to apply for asylum in Hungary have been unable to do so. Three years have passed since the introduction of the “embassy procedure,” a policy which stipulates that asylum-seekers must go to the Embassy of Hungary in Belgrade, Serbia or Kyiv, Ukraine, to indicate their intent to submit their asylum application in Hungary. In practice, only a handful of people have successfully used this process.
The “embassy procedure” was initially introduced in response to the COVID-19 pandemic, while the policy has since been extended five times and is currently in effect until 31 December 2023. However, addressing risks associated with COVID-19 cannot justify the negation of asylum obligations, since there are effective measures to guarantee public health safety without restricting the right to seek international protection.
At the same time, Hungarian national law also continues to authorize the automatic removal to Serbia of all third-country nationals intercepted for irregular entry or stay, including those intending to apply for asylum, with no individual consideration of their protection needs. Without screening, unaccompanied and separated children are at risk of not being identified. These measures are maintained through an emergency legislation entitled “crisis situation due to mass immigration,” which was first introduced in September 2015 and extended fourteen times since then. It is currently in force until 7 September 2023.
Both of the aforementioned measures are contrary to international and European law. UNHCR has repeatedly raised its concerns1, alongside those raised by European Union institutions, reiterating that the right to seek and enjoy asylum is a fundamental human right protected amongst others, by the Universal Declaration of Human Rights and the 1951 UN Refugee Convention.
“UNHCR appreciates the support and solidarity expressed in Hungary towards refugees from Ukraine since the start of the war, but the country is failing to guarantee the same rights to people forced to flee war, violence and persecution in other countries,” said Roland Schilling, UNHCR Representative for Central Europe.
“Seeking asylum is a fundamental human right. Ensuring access to territory and to asylum procedures for all, regardless of their country of origin, race, ethnicity, or religion is the obligation of every country under international law.”
States have the right and responsibility to manage their borders, but it can, and it must, be done in parallel with guaranteeing access to territory and asylum procedures to all those seeking safety. UNHCR calls on the Government of Hungary to ensure that those who wish to seek asylum are allowed to do so in line with Hungary’s international obligations.
In principle, UNHCR has no objections to embassy procedures en route, when implemented in a manner that enhances access to asylum and protection (and ultimately solutions) – they can enable the possibility to apply for asylum and usage of other legal pathways such as family reunification. However, embassy procedures should not be introduced, implemented, or result in, a substitute to access to territory and asylum for people seeking asylum at borders.
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