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No access for refugees to the asylum system in Hungary
Report of Border Monitoring Project Ukraine and PRO ASYL shows: Even minors are illegally removed back to Ukraine
Report of BorÂder MoniÂtoÂring ProÂject UkraiÂne and PRO ASYL shows: Even minors are illeÂgalÂly remoÂved back to Ukraine
On 24.12.2010, just befoÂre taking over the EU preÂsiÂdenÂcy the HunÂgaÂriÂan governÂment under preÂmier Orban announÂced furÂther tighÂtening of their asylÂum legisÂlaÂtiÂon. Even more scanÂdaÂlous is what is docuÂmenÂted by a report of the „BorÂder MoniÂtoÂring ProÂject UkraiÂne“ (BMPU): on the exterÂnal borÂders of the EasÂtern HunÂgaÂriÂan and thus the EU exterÂnal borÂders refuÂgees are denied access to the asylÂum sysÂtem. InsÂtead, even unacÂcomÂpaÂnied minors are remoÂved back to UkraiÂne within hours. TheÂre, the deporÂtees are expoÂsed to phyÂsiÂcal maltreÂatÂment and months of detentiÂon; their asylÂum claims are eitÂher not proÂcesÂsed at all or refuÂsed. This obvious vioÂlaÂtiÂon of the interÂnaÂtioÂnal refuÂgee conÂvenÂtiÂon affects refuÂgees, for insÂtance, from war-torn regiÂons such as SomaÂlia and Afghanistan.
„I am a refuÂgee, I am a girl. PleaÂse help me“. It did not help 16-years old FatiÂma (1) from SomaÂlia that she was able to approach the HunÂgaÂriÂan borÂder guards in EngÂlish. Her request for proÂtecÂtion was nevertÂhelÂess ignoÂred and she was remoÂved back to UkraiÂne. This is a clear vioÂlaÂtiÂon of the GenÂeÂva RefuÂgee conÂvenÂtiÂon as well as the UN ConÂvenÂtiÂon on the Rights of the Child. Dozens of refuÂgees who were interÂviewÂed by the BMPU over the last two years unaniÂmously reporÂted that they were denied access to asylÂum proÂceÂduÂres in HunÂgaÂry but also in SloÂvaÂkia and that they were remoÂved back to UkraiÂne within 24 hours. This praÂxis conÂtraÂdicts the ban on refouÂleÂment of refuÂgees and represÂents a clear vioÂlaÂtiÂon of the GenÂeÂva RefuÂgee conÂvenÂtiÂon as well as the CharÂter of FunÂdaÂmenÂtal Rights of the EuroÂpean UniÂon. The numÂber and spread over time of the cases of illeÂgal remÂoval docuÂmenÂted in our report impliÂes that theÂse are not indiÂviÂduÂal inciÂdenÂces but reflect reguÂlar unlawful pracÂtiÂce. IndeÂed, a Human Rights Watch report recentÂly came to the same conÂcluÂsiÂon (2). SeveÂral vicÂtims of unlawful remÂoval report that after return to UkraiÂne they were expoÂsed to phyÂsiÂcal maltreÂatÂment whilst almost all were detaiÂned in camps for up to six month. The detentiÂon sysÂtem of UkraiÂne is finanÂced by the EU even though not even miniÂmal human rights stanÂdards, such as court heaÂrings are given. AltÂhough theÂre offiÂciÂalÂly is an asylÂum sysÂtem in UkraiÂne this is dysÂfuncÂtionÂal – just as in Greece; for insÂtance, from August 2009 to August 2010 no asylÂum appliÂcaÂtiÂons were proÂcesÂsed at all.
„It is to be suspecÂted that in the face of the announÂced tough law and order poliÂcy of the HunÂgaÂriÂan governÂment they will conÂtiÂnue or even expand the praÂxis of unlawful remÂovals in order to deter refuÂgees“, argues Marc Speer from the BMPU. And Marei PelÂzer from Pro Asyl demands: „TheÂse conÂtiÂnuous human rights vioÂlaÂtiÂons on the EasÂtern borÂders of the EU must be stopÂped.“ The BMPU report on „Access to ProÂtecÂtion Denied: RefouÂleÂment of RefuÂgees and Minors on the EasÂtern BorÂders of the EU“ is available for downÂload from: bordermonitoring-ukraine.eu, if requiÂred a print verÂsiÂon could also be send. FurÂtherÂmoÂre, we offer to faciÂliÂtaÂte contÂacts to SomaÂlis who after seveÂral attempts made it to GerÂmaÂny to appÂly for asylÂum and who have agreed to be interÂviewÂed about their ordeal.
(1) For reasons of conÂfiÂdenÂtiaÂliÂty name has been changed
(2) Human Rights Watch (2010): BufÂfeted in the BorÂderÂland. The TreÂatÂment of AsylÂum SeeÂkers and Migrants in Ukraine.