A/HRC/44/42/Add.1
the Stipendium Hungaricum Scholarship Programme, which was based on bilateral
agreements with over 70 countries across five continents, granted scholarships to over
5,000 students to study in Hungary. The Special Rapporteur understood from the relevant
authorities that the scholarship programme did not include a post-study workplan. The aim
of the programme is to assist development through education and to address the root causes
of migration. Normally, foreign students are expected to return to their countries of origin
after concluding their studies in Hungary. The Special Rapporteur welcomes the generous
gesture demonstrated by Hungary in sponsoring foreign students to pursue higher education
in the country.
62.
It was also brought to the attention of the Special Rapporteur that in addressing the
issue of labour shortage, Hungary was granting an increasing number of work and
residence permits to migrant workers, especially from neighbouring countries such as
Serbia and Ukraine, as well as from China. In the meantime, the Special Rapporteur
received information about migrant workers and non-Caucasian Hungarian nationals
experiencing xenophobia, particularly since 2015. The increase in the number of migrants
in the country requires an urgent examination of the existing anti-migrant rhetoric in both
official and public discourses, as it may negatively affect the daily life of migrants, thus
hindering their integration into society.
VII. Conclusions and recommendations
63.
Security concerns can be legitimate grounds for States to adopt pertinent
measures, provided that the fundamental rights of all, including migrants, are
respected. The Special Rapporteur noted with concern that in Hungary, the securityoriented approach to the governance of migration was presented and implemented
without enough consideration for the human rights of migrants and asylum seekers.
Many of the measures adopted seemed disproportionate to the real situation, overly
emphasizing the security aspect and overlooking the rights aspect.
64.
The Special Rapporteur reiterates his call to the Government of Hungary to
conduct a meaningful reassessment of the current situation and its migration policies.
Hungary should terminate the so-called crisis situation, which does not correspond to
reality and has a severe negative impact on the human rights of migrants, asylum
seekers, the freedom of civil society organizations and the power of the judiciary. It
should also lift all other restrictive measures with similar features and consequences.
65.
In relation to the transit zones, the Special Rapporteur urges Hungary to:
(a)
End the practice of automatically confining all asylum seekers to the
transit zones;
(b)
Transfer, as a priority, all children under the age of 18, whether with
families or unaccompanied, from the transit zones to alternative reception facilities,
including open centres or appropriate child protection institutes, as the conditions at
the transit zones are not adequate or appropriate for any child;
(c)
Explore alternatives to detention for all asylum seekers;
(d)
Improve the physical conditions and lift restrictions on freedom of
movement in the transit zones. Asylum seekers should not be held in a prison-like,
punitive facility where their freedom of movement within the zones is severely
restricted;
(e)
Improve access to medical services and legal assistance for all asylum
seekers currently held in the transit zones;
(f)
Ensure that all personnel working in the transit zones refrain from
dissuading asylum seekers from pursuing their right to seek asylum and to appeal
asylum decisions before a court;
(g)
Grant civil society organizations access to the transit zones to ensure the
provision of services, including legal assistance, interpretation and translation,
psychosocial support and other services that asylum seekers may require, as well as
monitoring conditions at the transit zones.
15