Q & A on Hungary and Europe’s Migrant Crisis
Late last week, following a decision by Austria and Germany to suspend rules under the Schengen agreement on the protection of external borders and the Dublin protocol on registration of refugees, Hungary was allowed to begin transporting migrants to the Austrian border.
In the midst of these rapidly changing events, it’s important to know the facts. Here are a number of basic questions and answers on Hungary and Europe’s migrant crisis.
Q: Why are so many migrants arriving in Hungary in the first place?
A: All of Europe has seen a dramatic growth in the number of migrants seeking to enter the European Union, but Hungary has had the largest increase per capita in illegal immigration. As of September 2, Hungary has seen 159,968 illegal border crossings and 148,643 requests for asylum — the jump in 2015 is already three and a half times the total for all of last year. In part, that’s because Hungary lies on part of the southeastern frontier of the European Union’s Schengen Area.
In fact, Frontex, the EU’s own border protection agency, has said that Hungary’s border with Serbia is the busiest transit route for illegal immigration into the EU. Yes, busier than the Mediterranean Sea.
Q: Alarming images taken recently in Hungary depict crowds of migrants in terrible conditions, sleeping rough on the streets, in city parks, on trains and in railway stations. Why don’t they have proper shelter and provisions?
A: Camps for migrants and refugees are available, where they can have access to shelter and medical care. Many Hungarian civic groups and volunteers are helping with donations of food, water, clothes and other necessities.
Fact is, many of those camped around the Keleti Railway Station and other public areas don’t have to stay there. Authorities have been trying to encourage them to move to shelter in the camps while their asylum claims are evaluated.
But many of them refuse to go, insisting instead on being allowed to move on to Germany or other EU countries. Many set off on foot late last week to walk to the border with Austria.
Q: And prior to last week, why weren’t they allowed to leave for Austria and Germany?
Because, without the consent of Austria and Germany, EU rules prohibit it. On the one hand, the rules prevent Hungary from forcibly detaining someone who has requested asylum. On the other hand, there are rules for obtaining asylum in the EU, and the rules are quite clear.
If a person enters the country illegally or without proper travel documents, that person may be stopped and questioned about the reason for his or her travel. If he or she asks for asylum in the EU, then the asylum request must be evaluated by the country where the person first entered the EU.
While waiting for the asylum request to be evaluated, the person may stay in one of the camps set up for them. If they move on to another country and are apprehended, the rules under the EU’s Dublin III Regulation say that they may be returned to Hungary. That is, unless the other country, like Austria and Germany, decide to suspend those rules.
Q: So why are all these migrants crossing the border into Hungary?
A: For the vast majority of the migrants, Hungary is not their destination. Another western European country, often Germany, is their desired destination. They have crossed the Hungarian border into the European Union, believing that once in Hungary, inside the Schengen Area, they will be able to travel freely to any EU country. Recent developments have reinforced that belief.
It’s important to remember here that most of these migrants have crossed the border illegally. They have not entered through an official border crossing, nor do they have refugee status. As long as they refuse to register and avoid the asylum application process, they’re illegal immigrants, and that’s not simply because Hungary says so. That’s because the EU and international rules say so.
Q: Why is Hungary building a fence on the border?
A: Because Hungary’s border is an external border of the European Union’s Schengen Area and Hungary, under the Schengen Agreement, has an obligation to protect and secure the EU’s external border.
From the international press reports we’ve seen recently, it’s clear that there is a lot of confusion and misunderstanding about the Schengen Area and what it means to be a part of it. The Schengen Area is composed of 26 countries (Bulgaria, Croatia, Cyprus, Romania and the UK are not part of it) that have abolished passport and other border control at their common borders. Inside the territory, people enjoy freedom of movement among all the countries that are part of the Schengen Area. But it also means that countries of the Schengen Area have a responsibility to strengthen the external border controls with non-Schengen countries.
Some have asked why Hungary is so concerned with the migrants entering the country when most of them intend to leave to other EU countries and why hasn’t Hungary simply let them travel onward. The answer, as explained above, is that Hungary has a responsibility to protect the Schengen Area border, and Hungary, under international and EU agreements, is bound by rules concerning people who cross the border illegally and who are asking for asylum in the EU.
Q: These are people fleeing war in the Middle East. They’re seeking asylum. Why is Hungary putting up fences, using police force to keep them out and denying their right to travel? Is this any way to treat a refugee?
A: A refugee seeking asylum may approach an official border crossing and ask for asylum. After that, he or she should be registered and the case reviewed to determine whether the person should be granted asylum. Yes, that takes time, but those are the rules under international law.
Many of the migrants now in Hungary have crossed the border illegally and not all of them are fleeing war. Authorities have to review every case, filtering out those who come from safe countries, like Kosovo, or who are otherwise posing as refugees. Migrants who have been allowed to travel on to Austria and Germany will face the same registration and asylum application process.
Q: So Hungary is stepping up border controls, but why is a fence necessary?
A: To help prevent illegal crossings of the border into the EU. Again, Hungary has an obligation to protect the external Schengen border. For asylum seekers and others crossing the border legally, there are official border crossing points. The fence is there to protect the border, encourage people to use the official crossing points and deter smugglers, human traffickers and others who don’t have a legitimate asylum claim. Hungary has recently undertaken an information campaign in transit countries, distributing leaflets that remind people of the penalties for crossing the border illegally.
Hungary is not the only country with a fence on the border. Bulgaria and Spain have border fences, and French and British authorities have just finished constructing a fence at Calais. Other international examples include Israel and the United States.
Q: Can authorities force the migrants to wait in a refugee camp?
A: No. Migrants, who request asylum can move freely in the country. Prior to 2012, Hungary had the right to hold illegal immigrants until their asylum request was evaluated. Since 2012, when the European Union, threatening legal action, compelled Hungary to change these rules, authorities are no longer able to detain illegal immigrants in camps. If they don’t want to stay in the camps and wait for the official procedure, they cannot be forced to do so.
