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April 27, 2004

Ms. Pardavi began by stressing the fact that although the current media focus in Europe is on labor migration, asylum and refugee issues are quickly rising to the forefront. The enlargement of the European Union means that the external border of Europe is now formed by these new ‘frontier states.’ Pardavi noted that although most of the new member states ratified the Refugee Convention of 1951 in the late 80s or early 90s, implementation of actual legislation did not happen until the mid 1990s. It is also important to note that the number of refugees to these new countries has varied significantly over the last 15 or so years. The development of the refugee regime in these Central European countries can be seen as three phases.

Phase 1: In the early 1990s, Hungary, a country with relatively little refugee experience, received high numbers of refugees fleeing the conflicts in Bosnia and Croatia. As a result of its proximity to the conflicts and close ties with the ethnic Hungarians living in northern Croatia, Hungary was welcoming. In the following years, the influx of refugees from Croatia was met with ad hoc government response and they were often treated as immigrants rather than refugees. During the same years, Hungary received masses of asylum seekers (mostly ethnic Hungarians) from Romania. These people were not protected as refugees but instead simply let in as immigrants.

Phase 2: A new refugee regime began in the mid-1990s and many of the people who had come to Hungary as refugees in the early 1990s moved on to German-speaking countries or returned home as the situation stabilized. However, a statutory provision on refugee protection still did not exist.

Phase 3: Began in 1998 and saw a change in the composition of asylum seeker flows. More were coming from distant places like Northern Africa, the Middle East, India, and the Russian Federation. In Hungary, under mandate determination, UNHCR was in charge of claims from non-European countries. After pressure from various Hungarian and international actors, the government lifted the country’s geographic limitation to the 1951 Convention (defining refugees as coming from Europe) and the Hungarian authorities began to consider all claims in the national processing system.

Although overall the number of asylum seekers in Central and Eastern Europe has increased since 1998 (coming mainly from countries such as Afghanistan, Iraq, Bangladesh, Nigeria, Kurds from Turkey, and the Russian Federation), for linguistic reasons these groups primarily choose Slavic countries and not Hungary. Even so, most Central European countries are still seen as countries of transit.

In 2002, the numbers of asylum applications dropped dramatically in Hungary. Ms Pardavi cited the consequences of this phenomenon in terms of empty reception centers and organizations running below capacity. She said the drop is a cause for concern because the numbers are steadily increasing in neighboring countries. For example, in 2002-3, the Slovak Republic had over 10,000 applications whereas Hungary received around 2,000. Pardavi says that this is probably a result of more effective border controls and other deterring factors in legislation and practical access.

Major actors influencing Central European refugee policy and practice have included UNHCR but now focus on the European Union. Hungary receives significant funding from the EU for border control because of its huge and significant border. Germany and Austria are also influential neighbors. For historical reasons, the legal system in Hungary is similar to the one in Germany making it easy for these countries to cooperate in deleloping the Hungarian system. Non-governmental organizations, domestic and international, such as ECRE and Human Rights Watch have also been influential.

Pardavi said that the progress in the system can be seen in ,for example, the fact that civil servants have now taken the place of police in most contact with asylum seekers. There is no longer a time-limit for access to the system (ie the period between entering the country and submitting an asylum application can now be indefinite). The quality of the Refugee Status Determination process has improved dramatically, and NGOs now have unhindered access to seekers and facilities, which is unique in Central Europe. This access allows reports on conditions in the centers and in jails to be compiled and then used by international organizations. Pardavi said that this access has improved the police jail situation considerably. However, she said that Hungary will now need to begin focusing on integrating refugees and will need help devising a strategy. There is currently a program being tested at the main centre in Hungary. She also cited several challenges posed by EU accession such as compliance with the EURODAC system and maintaining the external boarder of the EU.

Questions and Answers

Are fewer people going to Hungary or are fewer people applying for asylum?

Fewer people are coming on their own and also fewer people are being trafficked into Hungary, making a big difference in numbers.

Do asylum seekers prefer certain Central European countries to others?

Studies have shown that the initial destination is not an important consideration, but many asylum seekers seem to view Central Europe as a better option for entry and application than other European countries.