A/HRC/44/42/Add.1
66.
Hungary should continue to incorporate international and European Union
standards in the area of human rights into domestic legislation and repeal recent
amendments introduced to relevant domestic legislation, inter alia the Asylum Act
and the Criminal Code, which have had a negative impact on the protection of the
rights of migrants and asylum seekers, including children. The Special Rapporteur
calls on Hungary to repeal all amendments to domestic law that are inconsistent with
its international human rights obligations, particularly with respect to the right to
seek asylum, the right to liberty and the right to challenge the legality of detention,
ensuring the principle of non-refoulement and the principle of the best interests of the
child, providing adequate and appropriate reception and other conditions.
67.
Individuals and civil society organizations working on the promotion and
protection of the human rights of migrants, asylum seekers and refugees should be
able to operate without interference. In that regard, Hungary should consider
repealing article 353/A of the Penal Code, as modified by Act VI of 2018, which
criminalizes assistance to migrants and asylum seekers.
68.
In the area of asylum law, the power of judicial review should be strengthened.
Hungary should revise the relevant provisions in domestic legislation that weaken the
power of the judiciary. More specifically, Hungary should consider repealing Law No.
CXL of 2015 Amending Certain Laws in the Context of Managing Mass Immigration,
which revoked the power of the courts to overturn administrative decisions on asylum
claims.
69.
Prolonged administrative detention of asylum seekers without the possibility of
an administrative or judicial review or remedy amounts to arbitrary detention. The
Special Rapporteur strongly recommends that regular hearings are held in person by
competent judges in the transit zones, including at the admissibility stage of asylum
claims. In addition to ensuring adequate judicial review, that would send a powerful
message about the independence of the judiciary vis-à-vis the immigration authorities,
contribute to the transparency of the transit zones and provide some relief to those
held at such facilities.
70.
Regarding the pervasive anti-migration discourse in the official sphere, the
Special Rapporteur calls on the Government and politicians at all levels to refrain
from advocacy of ethnic or racial hatred and xenophobia that constitutes incitement
to discrimination, hostility or violence. Any such advocacy should be prohibited by
law. Perpetrators of hate crimes should be brought to justice and Hungary should
strengthen its efforts to eradicate discrimination against and stereotyping of migrants,
including asylum seekers, by promoting tolerance and respect for diversity through
public campaigns.
71.
The media, especially local media outlets, play an important role in forming the
public discourse on migration. The Special Rapporteur encourages media workers to
ensure that reports in the media on migrants and migration are based on data and
evidence. Journalists should use humane and protection-sensitive language when
portraying migrants, asylum seekers and refugees and refrain from spreading antimigrant statements and rhetoric or contributing to xenophobia and hatred of people
on the move. The Special Rapporteur encourages journalists to conduct interviews
with migrants themselves and give them the opportunity to tell their stories. It is
important to recognize in media coverage the country’s obligations under
international law to respect the human rights of migrants and refugees, independent
of their status.
Recommendation to the European Border and Coastguard Agency
72.
The Special Rapporteur recommends that the European Border and
Coastguard Agency strengthen the human rights provisions included in its joint
operational plans with member States and enhance the monitoring function of its
Fundamental Rights Office to assist States in upholding the principle of nonrefoulement.
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