A/HRC/44/42/Add.1
“immigration in a positive light”. Potential sanctions for failure to comply with this tax
obligation include a fine of up to 200 per cent of the amount of tax that has not been paid
(Act CL of 2017 on the rules of taxation, art. 215) and from 3 months’ up to 10 years’
imprisonment for tax fraud (Criminal Code, art. 396,), the duration of the imprisonment
being dependent on the amount of the fraud. The Special Rapporteur understood that the
special tax must be self-levied. That means that organizations conducting taxable activities
must obtain a certificate from their donors indicating that the donor has paid the tax for
such activities. If the certificate is not provided, regardless of the reasons for non-provision,
the organization must pay the tax instead, on a monthly basis. According to media reports,
at the time of the visit no organization had yet paid any tax based on self-assessment of the
scope of the special tax. However, the concern is that should the tax authorities decide to
launch a tax investigation into any civil society organization and find a taxable activity with
the tax unpaid, then the provisions cited above would be applicable. The overly broad
description of the activities mentioned in the relevant provisions generates speculation. The
possibility of having to pay a 25 per cent tax on donations creates uncertainty and a chilling
effect on both organizations and their donors.
58.
In the meantime, several organizations that used to receive funding from the
European Union Asylum, Migration and Integration Fund through the Ministry of the
Interior for projects providing humanitarian or integration support to migrants, asylum
seekers and refugees, no longer receive any funds. At the beginning of 2018, the Ministry
of the Interior withdrew all calls for tenders under the Fund. Consequently, by 30 June 2018
all activities through programmes that relied on the Fund to provide integration support had
had to cease.21 Many organizations had had to terminate their activities and those services
that had been terminated were not then provided by the Government. The interruption or
termination of services provided by civil society organizations has had a negative impact on
the realization of the rights of migrants, asylum seekers and refugees. The Special
Rapporteur was particularly worried by the fact that in May 2016, Hungary had reduced the
period of free accommodation provided to those who were granted international protection
to 30 days and drastically reduced integration assistance through Act XXXIX of 2016 on
Amending Certain Acts Relating to Migration and Further Related Acts. The lack of
integration support had made it very difficult for foreigners who did not speak Hungarian to
find a job and secure a stable income in a short period, which partly explained why some
refugees had ended up in homeless shelters.
59.
In addition to financial constraints, restrictions on access to clients or the scope of
work had been imposed on some organizations, including some intergovernmental ones. In
that regard, the Special Rapporteur was particularly concerned that civil society
organizations did not have access to the transit zones for monitoring activities. As for the
provision of legal aid, the attorneys of civil society organizations, who had passed the bar
exam, could access the transit zones in their personal capacity to meet existing clients or to
take power of attorney for people who had specifically requested their personal assistance.
The fact that legal assistance providers from civil society are not present and that it is
mandatory to know the specific name of an attorney in advance of requesting assistance has
added one more challenge for asylum seekers to navigate.
VI. Migrant workers
60.
The increasing numbers of Hungarians emigrating has led to demographic
challenges and a labour shortage in the country. Migrant workers could contribute to filling
the labour gaps in the market and Hungary has indeed facilitated the arrival of an increasing
number of migrant workers from other countries. In 2018, nearly 50,000 migrants received
work visas in Hungary, including more than 16,000 Ukrainians and a considerable number
from Serbia and China. Similarly, in the first 10 months of 2019, 64,779 applicants
requested residence permits for employment purposes and 47,232 permits were granted.
61.
The Hungarian authorities have also put in place a scholarship programme, which
has attracted an increasing number of international students from countries, including the
Islamic Republic of Iran, Iraq and the Syrian Arab Republic. In the academic year 2019/20,
21
14
See Asylum Information Database, Country Report: Hungary, 2018 update (March 2019).