Hungary rebutted the criticism by the Special Rapporteur on Migration in the Human Rights Council. We presented the facts regarding the transit zones and the legislative framework aimed at addressing the crisis situation due to mass migration. It was also a good opportunity to highlight that the Hungarian Criminal Code has been providing for several criminal offences to fight hate crimes – including incitement against a community and violence against a member of a community. read the full statement for further details below.

“Thank you, Madam President,

Let me reflect to the Special Rapporteur for his report presented to the 44th session of the Human Rights Council.

In his thematic report, the Special Rapporteur addresses the right to freedom of association of migrants and their defenders, which is in line with our constitution, the  Fundamental Law of Hungary.

The Special Rapporteur visited Hungary last summer at the invitation of the Hungarian Government and he presented his report on the visit to the 44th session of the Council.

Unfortunately, the report on the visit to Hungary contains multiple factual errors and inaccuracies not only regarding the conditions in the transit zones, but also regarding legislative measures on civil society organizations, independence of the judiciary and legislation of hate crimes, just to mention a few. This is deeply regrettable, taking into account in particular that the Hungarian Government granted access to all facilities as requested, conducted all the interviews with migrants and asylum seekers that the Special Rapporteur requested and he also had the opportunity to meet the relevant authorities. The Hungarian Government provided its comments in this regard, and they have been attached as an addendum to his report.

We have to highlight that the report mentions 175.000 asylum applications, which were submitted in 2015, however it fails to mention that the majority of the people, an estimated  400 000 people, simply marched through the country. Those, who applied for asylum, left the country right after the submission of their claims. The report also fails to mention that Hungary, as a Schengen border country had and still has obligations regarding protecting the EU’s external borders. The situation that Hungary faced in 2015 was an invasion and legislative changes were needed.   

The establishment of the transit zones and a new legislative framework aimed at addressing this “crisis situation due to mass migration”.  The core of the new legislation was that asylum applications were to be submitted in the transit zones at the borders of Hungary, where applicants received accommodation, food, education, health care for the time their application was under consideration. We emphasize that the applicants  were free to leave the transit zones in the direction they arrived from and the entry into the territory of Hungary, and as such a Schengen country, was only possible legally. The general conditions in the transit zones were of European standard, in contrast to the false claims of the report.

The report also fails to mention that the criminal offence “Facilitating and Supporting Illegal Immigration” introduced to the Criminal Code in 2018, does not include providing legal advice and information, providing humanitarian assistance, or presenting the relevant legal regulation, thus, these actions are still allowed. The Hungarian Government further adds that, to its knowledge, no proceedings (even unfounded) have been initiated on the basis of this Section of the Criminal Code so far, so the assumption that it is aimed at the pursuance of the activities of legal aid providers and advisers is also incorrect, as seen in practice.

Madame President,

After the submission of the report to the Council, the Hungarian Government, due to the ruling of the European Court of Justice, decided to close the transit zones. The closure of the transit zones – one of his recommendations – was positively acknowledged by the Special Rapporteur in a public statement.  Other recommendations regarding the transit zones, after their closure, are not relevant anymore.

Concerning the recommendation of the report that hate crime should be prohibited by law, we wish to highlight that the Hungarian Criminal Code has been providing for several criminal offences to fight hate crimes since 2008 in its current form. These include, among others, incitement against a community and violence against a member of a community.

We regret to see that while our authorities are constantly protecting the borders of Europe, the HRC wasted our money and resources by condemning Hungary based on false allegations.

Thank you.”