"Hungary
prestige is at stake because there would be a
series of cases brought up to Strasbourg in the
near future," says Marton Ill, director of
the Hungarian Center for Defense of Human Rights.
"Authorities don't implement laws which were
signed for three years already, even more acts
against them without being punished."
Hungary has signed the 1951
Geneva Convention related to the status of
refugees but with a geographical reservation. As
a consequence it only examines European asylum
seekers and leaves it to the UNHCR office in
Budapest to examine non-Europeans. But in 1994
Hungary also signed the European Human Rights
Convention (EHRC). Its Article 3 and the Aliens
Laws regarding the deportation of foreigners at
risk applies to all asylum seekers without
limitation.
"We repeatedly told the
authorities," said Ferenc Koszeg a Free
Democrat MP, executive director of the Hungarian
Helsinki Committee, " it was two different
things to be accepted as a Geneva Convention
refugee and to be threatened by torture. If one
is not a refugee doesn't mean he can be
deported."
Since 1994 there were 863 cases
rejected by UNHCR that Hungarian authorities did
not examine if they were or not under EHRC
provision. It is only two weeks ago that the
Office of Refugee and Migration Affairs (ORMA)
started to examine cases outside Europe.
Presently a team of specialists are analysing the
draft of new asylum seeker law which will drop
the geographical limitation.
"There is this dream of
integrating in Europe," said Koszeg
describing the reasoning of law makers: "
'Since the Poles and the Czech lifted the
geographic limitation we have to do it also, what
the Brussels people will say? But what the
ordinary people will say if we have a lot of
Arabs and Africans coming here?' There is a lot
of paranoia involved in it. Protecting the
refugees is not a popular issue. Public opinion
agrees to deport them because 'we have enough
unemployment, we don't need to support these
people.' "
Ill says authorities don't do a
proper case examination, "they don't have
the expertise to and are not willing to
collaborate with NGOs though we have a rich data
base."
Bela Jungbert, director general
of the ORMA, says "This is a prerogative of
authorities, at most NGOs can give an
opinion."
This is how one of the last
asylum seekers cases was solved:
On 25 December 1996 fifteen
Syrian Kurds including eight children arrived in
Budapest from Damascus at the airport. They were
told that their visas were forged. They were kept
in the the transit lounge and told they were not
in Hungary.
"Because of the public
interest they wanted to avoid scandal but didn't
know how," said Koszeg. "They decided
these people are not in Hungary because they
didn't cross the border line, which is a
fiction." Last year the Strasbourg decided
in a case in Paris airport that the transit zone
is in the territory of a country.
"They got here with the help
of traffickers - they said it themselves - and
said nothing about being persecuted because of
their Kurd origin,"said Lt. Col. Jozsef
Duzs, commander of the Budapest Airport Border
Guards. "They agreed to go back, even
complained for the one week delay until the first
flight to Damascus was scheduled. Then out of the
blue came a lawyer, Dr. Erzsebet Szigeti Gal from
the Mahatma Gandhi Human Rights NGO demanding to
let them enter the territory of Hungarian
Republic. It was extremely surprising to see
Human Rights NGOs associating with human
traffickers. It gave me food for thought. Farther
it is mind boggling that persons kept in high
public esteem got involved in such cases,
supporting these foreigners against Hungarian
Republic interest. We are aware how intensely
international human traffickers watch us. If they
see that people with no asylum right can enter
Hungary easily, then they will flood us with
aliens."
Kurd people said they lived in
permanent terror back in Syria: being constantly
harassed for their political activity, for not
wanting to fight for Syrian army, for having
ethnic gatherings or putting the Kurd flag on the
roof. That they were several times imprisoned,
tortured and much persecuted. Finally they shut
their small businesses, sold their valuables, and
flew to Europe.
Here for 48 days they were
permanently guarded in barracks with locked doors
and barred windows.
"Though formally it looks as
if they were imprisoned," said Duzs,
"they actually haven't been for one second.
We can't call prisoners persons that could freely
go on any airplane their papers and tickets were
valid. I protest vehemently against the distorted
way the lawyer presented the situation. We
interviewed them but apart from generalities they
couldn't prove their persecution. This was
confirmed by all other organizations we
asked."
They waited for one month while
UNHCR processed their requests for asylum and
rejected them for lack of credibility. The
situation is peaceful for Kurds in Syria was the
answer.
"The background information
they gave us didn't match the reality at
all," said Ditlev Nordgaard, the UNHCR
deputy representative who deals with legal
matters. "They know the stories they have to
say when asking for asylum."
Then the lawyer, presented the
case to the Ministry of Foreign Affairs (MFA) and
(ORMA). The same answer came from both sides.
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Vian Balisani, a Kurd student at the Medical
University, showed solidarity with her kin:
"If they go back for sure they will be
killed. All Kurds need refuge, I don't understand
why Hungarians don't accept us. Hungarians also
lived through this in 1956, they run all over the
world. Kurds know how to take care of themselves,
they should just let them go. They don't want to
stay here either, for it's not the best of
countries. This is not Germany!" Since
Syria is not a member of the EHRC it cannot be
asked to respect it, said Ill. "We do say
that human rights are not respected in Syria. An
Iraqi group was deported on December first to
Syria and we lost track of them. Even the local
UNHCR office couldn't find them. Here it is our
moral dilemma, can we jeopardize our good
reputation and send back people where they might
get imprisoned or even killed? It's a similar
situation with that of Hungarians from Romania,
which for Hungarians is something they can relate
to."
But the fact that they are discriminated
against as a minority is not a reason to migrate
in mass to another country, said Jungbert,
himself a Ph. D. in Social Political Sciences
from a reputable Romanian University. "What
about the 11 million Russians of Ukraine or the
1,5 million of Hungarians of Romania? Minorities
are not loved wherever democracy is not
institutionalized."
(Up to January 1997 out of the 54,625 asylum
seekers from Romania, 92% were ethnic Hungarians,
said Pal Nagy from the Statistics Section of
ORMA.)
"Our collaboration with UNHCR,
particularly in this case, was exceptionally
good," said Jungbert, "They decided on
their status and we made the expulsion and
deportation decision."
The human rights activists were afraid of
immediate deportation, the only way to avoid it
was to use the Strasbourg hotline. Next day the
European Human Rights Commission in Strasbourg
intervened and stopped deportation until their
final decision on March 7th.
The bill handed to the lawyer for the 48 days
cost at the transit zone barracks was Fts one
million. The miser and the open-handed spend the
same in long run, says a Kurd saying.
"It is a rich country that which can
afford to spend millions out of taxes revenues on
a refugee case," said Ill. "If this is
acceptable, then we shouldn't complain that
Hungary is poor."
They were moved to Bicske refugee camp to wait
for the result for humanitarian reasons, for they
had children, Youngbert said. "Being
respectful of their human rights we couldn't
limit their freedom of movement." They were
free to walk in and out the camp to their heart
content.
Thus they simply vanished one fine Wednesday
day. Where, we don't know. Neither Gabor
Vilagosi, one of the political secretary at the
Ministry of Interior. "I am not a
fortune-teller, to know where they
dissapeared" he said. "If the lawyer
wouldn't have been so persistent, the expenses
wouldn't have escalated and they would have
traveled back home to everybody's satisfaction.
They accepted several times to return to Syria.
This problem wouldn't have existed if certain
persons haven't made them think that they might
stay here without any legal right."
Have they crossed the Austrian border led by
human traffickers? No, for the collaboration
between the Austrian and Hungarian border guard
is perfect, said Yungbert, illegal crossing are
returned to where they came from on both sides.
"In our experience non-European asylum
seekers are only transiting in Hungary. They (and
even those we recognize as refugees) seem to move
westwards easy and quickly," said UNHCR
Representative Philippe Labreveux. "In fact
who claim to catch hundreds if not thousands
every year coming from Hungary complain that the
Hungarians do not take them back."
According to Jungbert Hungary policy respects
Hungary's safety, international agreements,
European Union requirements and at the same time
doesn't hurt personal human rights. "If
there are such cases, they are really exceptions
and they have to be examined without hasty
generalization or manipulation and given the
concrete correction," he said. "The
fact that the Kurds haven't been deported shows
once more Hungarian authorities willingness to
cooperate with NGOs and Strasbourg."
Gibril Deen, president of Mahatma Ghandi Human
Rights Movement NGO says he was told by Mr.
Yungbert that "next time we won't repeat the
same mistakes, they will be immediately sent
back."
On Sunday January 26, at 3:20 pm, two
Madagascar citizens, Mr. Maroson and Mr.
Rabevahoaka, arrived at Ferihegy 2 for a one week
training on environmental protection and work
safety organized by Environmental Protection Ltd.
under Unite Nation Industrial Development
Organization's (UNIDO) umbrella. The costs
covered by UNIDO were Ft one million. Though they
got a perfect valid visa from the Hungarian
embassy in Paris, the border guard declared their
passports fake on the ground that they don't look
like the sample they had. The citizens were not
allowed to enter Hungary, they slept around
benches and ate at the cafeteria until Monday
morning when they were sent back at 7:20 am
though Dr. Laszlo Kovacs, managing director of
Environmental Protection Ltd., was promised they
will be sent back only afternoon so that he could
clarify the situation through UN channels.
"UNIDO told us that the expelled persons
were horrified by the Hungarian authorities
treatment, and as a result our future
collaboration with UNIDO were severed." Not
to speak of the one million Forints loss.
Nine other Kurds from Syria asked for refugee
status at the same airport terminal and they were
not even given the asylum seeker application
forms, being pushed in a ghetto of misinformation
said Ill. "We were told by the border guards
that they don't exist, though we spoke on the
phone with them. We got out there at the airport
and pointed them out. They told us they are
tourists! The way foreigners are treated here
shows - besides the degree of our xenofobia -
also how authorities respect citizens rights. If
they mistreat a foreigner, they might as well
mistreat a Hungarian."
The Budapest Week, April 3-9 1997
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