A/HRC/20/33/Add.1
47.
The Civil Guard Association for a Better Future, with whom the Special Rapporteur
met in Gyöngyöspata, together with the local representative of Jobbik and the local Roma
self-government, is reported to have organized public rallies dressed in paramilitary style
black boots and uniforms in Gyöngyöspata and Hajdúhadház. The organization is reported
to have threatened, harassed and intimidated Roma with weapons and dogs and incited
hatred against them. The same organization reportedly organized similar rallies in
Zagyvarékas, Békéscsaba, Galgagyorgy, Tatárszentgyörgy, Miskolc, and Sajóbábony. In
Gyöngyöspata the Special Rapporteur noted the presence of police officers in areas
inhabited by Roma but he also observed that the majority of the Roma inhabitants were still
afraid. He met with some Roma victims who expressed serious concern about the
prosecution carried out against them in the context of the Gyöngyöspata events. According
to the authorities swift and decisive action was taken to prevent the organized intimidation
of Roma in Gyöngyöspata. The Government further reported that in response to the events
in Gyöngyöspata and Hajdúhadház, the legislation was amended to enable the prosecution
and punishment with custodial sentences of these extremist groups. However, according to
Roma victims and some NGOs no serious action was taken by the authorities, including the
police, to prevent the activities of the Civil Guard Association for a Better Future, nor
investigate and prosecute their conduct.
F.
Migrants, refugees, asylum seekers and statelessness
48.
According to UNHCR, Hungary hosts approximately 700 refugees (mainly Iraqis,
Afghans, Somalis and persons originally from the former Yugoslavia) and some 3,200
beneficiaries of subsidiary protection. In 2011, 1,693 asylum-seekers were registered (19.5
per cent less than in 2010), mainly from Afghanistan, Kosovo, Pakistan, Syria, and
Somalia. The vast majority of asylum seekers enter the country unlawfully (95 per cent).
49.
A number of pieces of legislation have been adopted by the Government to address
issues related to refugees, asylum seekers, statelessness and migrants, including the 2007
Act II on the Entry and Stay of Third Country Nationals (Third Country Nationals Act) and
the Asylum Act LXXX of 2007 (Asylum Act), both amended by Act CXXXV of 2010. At
the institutional level the Office of Immigration and Nationality is responsible for asylum
procedures. According to the authorities Hungary has established a new statelessness
determination procedure by virtue of the above-mentioned Act II of 2007, which was
commended by UNHCR.13 However, while Hungary has developed good practice in the
form of an operational stateless status determination mechanism. The Hungarian Helsinki
Committee brought it to the attention of the Special Rapporteur that applicants illegally
staying in Hungary are de facto excluded from this procedure since lawful stay in Hungary
is a precondition for applying for stateless status.
50.
During the mission the Special Rapporteur was also informed that racism, racial
discrimination, xenophobia and intolerance against asylum seekers, refugees and migrants,
including irregular migrants, still prevails in Hungary. According to some interlocutors
negative stereotypes towards them are deeply entrenched among the general public, and
asylum seekers and refugees often complain of experiencing racial discrimination and
xenophobia on a regular basis, especially in the areas of employment, health, housing and
education. Cases of racist and discriminatory behaviour by courts in considering asylum
seekers’ requests were also reported. Regarding housing in particular, concerns were
13
A/HRC/WG.6/11/HUN/1, para. 76.
15