Country report: Hungary

Transcription

1 Country report: Hungary Dr. Júlia Iván 1. Methodological Introduction 1.1. Methodological concerns due to the shortage of reliable statistics A shortage of reliable statistics makes it difficult for researchers and practitioners to study the integration of persons granted international protection (including refugees and persons granted subsidiary protection). Statistics on recognised refugees are publicly available, 1 although it is not known if the refugee stays in the country or subsequently leaves for other EU member states. However, the statistics only cover the number of persons granted international protection in a given year, and no further analyses can be provided by the Office of Immigration and Nationality 2 (OIN) concerning the number of beneficiaries of various types of financial support, including subsistence allowance, school allowance, accommodation allowance, etc. 3 The shortcomings of available statistics are particularly acute in the case of unaccompanied minors. In its national report entitled Policies on reception, return and integration arrangements for, and numbers of, unaccompanied minors in Hungary the European Migration Network s national branch stated that the situation of this group in Hungary is difficult to examine since available statistical data on the number and the key demographic characteristics of unaccompanied minors is neither accurate nor consistent (European Migration Network, 2009:4). This study will make use of the statistics available from the OIN, the responses provided to a questionnaire on the right to education and the institutional framework for asylum-seeking and refugee children (hereafter referred to as RASC), and interviews with key stakeholders concerning practical arrangements and project-based educational programmes enhancing the integration of these children in the Hungarian public education system. In addition, existing reports on these topics have been scrutinised, and evaluations of the practical aspects of the right to education of RASC carried out. Legislation relating to public education, and documents concerning asylum policy have also been examined. In order to obtain first-hand information, officials involved with RASC (representing both governmental and non-governmental organisations) were consulted. These organisations included the Ministry of the Interior (the national coordinator of the European Migration Network, formerly the task of the Ministry of Justice and Law Enforcement), the Office of Immigration and Nationality (OIN, Bevándorlási és Állampolgársági Hivatal), Menedék (Association for Migrants), Hungarian Interchurch Aid, Hungarian Reformed Church Refugee Mission, the Refugee Reception Centre in Debrecen, the UNHCR national protection officer for Hungary, and the Voluntary Intercultural Pedagogy group. Most of the data used were provided at the request of the researcher by state agencies and competent NGOs in the field of education of asylum seekers. Different questionnaires were drafted for different stakeholders and professionals, focusing on their areas of competence and mandate. It is also important to note that further information is based on the researcher s individual observations, which are relevant to the subject of the present report. The researcher regularly participates in monitoring missions and focus group interviews in the framework of Age, Gender and Diversity Mainstreaming (AGDM) 4 exercises that take place at reception centres, schools and kindergartens for RASC; she therefore has relevant first-hand experience which proved useful for 1 Annual statistics are available at the website of the Office of Immigration and Nationality: 2 In Hungarian: Bevándorlási és Állampolgársági Hivatal 3 Interview with Gabriella Dézsi, assistant to Ms Annamária Veres, the Director of the Reception and Integration Unit of the OIN, based on the questionnaire related to the right to education and existing education programmes integration measures, conducted on For more information on the UNHCR s AGDM participatory assessment please see: reception-conditions/168-reception-conditions

2 2 integrating refugee and asylum-seeking children in the educational systems the purpose of this study. Having also visited reception facilities on several occasions for other research projects coordinated by the EU s Fundamental Rights Agency (FRA), as well as the Hungarian Helsinki Committee s (HHC) project providing free legal assistance for asylum seekers in Hungary, the researcher has her own observations regarding the overall situation of asylum seekers and refugees Scope of the research, experts and participants In the initial phase of the research, the researcher set out to identify relevant figures in the field of RASC education. Questionnaires were sent to both state agencies and NGOs with relevant expertise. Eight questionnaires were sent out to various stakeholders and one personal interview was conducted with the director of Menedék Association. Interviews were conducted with the following representatives of state agencies: 1. Ms Gabriella Dézsi, on behalf of Ms Annamária Veres the responsible director of the asylum authority s unit (OIN) charged with organising reception conditions and providing education, social assistance and financial support for asylum seekers and refugees. 2. Ms Anikó Hódosi and Mr Ádám Klopfer, national coordinators of the European Migration Network (EMN) at the Ministry of the Interior (MoI). 3. Mr Béla Székely, director of the OIN refugee reception centre in Debrecen. 4. Ms Anikó Mészáros, head of social work at the OIN reception centre in Debrecen. The following representatives of NGOs in the field of refugee education gave interviews or completed questionnaires: 1. Mr András Kováts, Director of Menedék 5 Association and researcher at the Hungarian Academy of Sciences. 2. Mr Róbert Gagyi, leader of the refugee programme of Hungarian Interchurch Aid 6 (HIA). 3. Ms Marietta Takács, social worker in the reception facility for unaccompanied minor refugees in Bicske on behalf of the HIA. 4. Ms Imréné Ölvedi, social worker from the HIA. 5. Ms Tímea Ivácson, leading social worker of the shelter for unaccompanied minor asylum seekers on behalf of the HIA. 6. Ms Dóra Kanizsai-Nagy, Head of the Refugee Mission of the Reformed Church (RM). 7. Ms Beatrix Bukus, head of the Voluntary Intercultural Pedagogy group 7 (VIP). 8. Ms Valeria Bakos Szigetszikine, Manager of the Tanoda schooling programme from the HIA. 9. Ms Eva Zsamboki Mercsene, Deputy Head of the Posa Street Kindergarten in Debrecen Sources of information Most of the statistical data used in the research came from the OIN and the UNHCR Regional Representation for Central Europe. Statistical information was also obtained from the national focal point of the EMN (including the Central Statistical Office). With regard to the reliability of the data used, it should be noted that the only public source of statistical information effectively available is the OIN s annual statistical collection (available on its website). A problem is that OIN does not collect information on the enrolment of RASC in public education; it only follows the situation on the basis of regular reports from social workers and pedagogues working in OINrun reception facilities. These reports are basically not public (i.e. they are intended for internal use within the OIN). The Hungarian Central Statistical Office (CSO) collects data on the overall number of asylum seekers and refugees reported by local municipalities as inhabitants, but is unable to provide information about particular age groups and educational needs; therefore its reports do not help us to establish the exact number and demographic situation of RASC. The Ministry of National Resources (MNR) is responsible for education and publishes a statistical yearbook of education which is also an official source of information. Foreign pupils/students are registered by public (state-run) educational institutions and the annual data is shared with the Ministry. However, there are no indications whether a foreign student is an immigrant or a refugee/beneficiary of subsidiary 5 Menedék - Hungarian Association for Migrants. (accessed ) 6 (accessed ) 7 Voluntary Intercultural Pedagogy. (accessed ) 8 Pósa utca óvoda.

3 Country report: Hungary 3 Table 1. Number of non-hungarian students in Hungary School year Children in kindergarten Source: Ministry of National Resources, Statistical Department, Budapest Pupils in primary and secondary school Students in higher education (university, college) 2006/2007 1,584 10,158 11, /2008 1,603 9,313 12, /2009 1,629 8,747 13, /2010 1,516 8,329 15,035 protection this breakdown of information is not available. Table 1 only shows the overall number of non-hungarian students in Hungary. The education of refugees is generally organised under specific practical cooperation schemes with the reception centre and the local municipality. Child protection authorities 10 are in charge of unaccompanied or abandoned foreign children not seeking asylum, so they only have statistics relating to irregular migrant children or foreign (EEA citizens or third-country nationals) children without parental care/custody. It should be emphasised that available data and statistics only partially reflect the situation of the educational integration of RASC since there is a lack of consistency regarding data collection by certain state agencies (OIN, Central Statistical Office, etc.). Statistical information concerning foreign/immigrant pupils has been collected since 1995 by the MNR. These statistics, however, are not definitive as some pupils in compulsory education probably fail to enrol. Equally uncertain is the statistical processing of those without a certificate or those who have applied for (but have not yet been granted) refugee status. Furthermore, many pupils attend schools run by a foreign organisation not obliged to disclose statistics to Hungarian public education. This is why current statistics on pupils, and specific information about the country of origin and mother tongue, are not sufficiently clear. The statistics in the database of the MNR suggest that the total number of foreign pupils, as well as the number of schools teaching them, has been continuously increasing over the last five years. Based on available information, one may infer that foreign pupils in primary school account for less than 0.5 per cent of the total, while in secondary school they constitute approximately one per cent. According to the biannual statistics of the MNR available for on pupils with foreign nationality, there were 1,629 non-hungarian children in kindergarten (0.5 per cent); 4,224 foreign children in primary education (0.54 per cent); 448 in vocational schools (0.36 per cent); 4,075 in secondary education (0.93 per cent) and 13,681 in higher education (5.63 per cent). 11 These statistics are also included in the Statistical Yearbook of the Ministry of National Resources, referred to above. 2. Refugees and Asylum Seekers: General Background 2.1. Asylum in Hungary general overview Hungary signed the Geneva Convention on the status of refugees of 1951 in 1989, 12 with a geographical limitation that restricted asylum to European citizens. The current asylum system was established in 1997 when the first 9 Statistical Yearbook of Education. (accessed ) 10 Under the Child Protection Act the Budapest 5 th District Guardianship Office is responsible for non-hungarian abandoned or unaccompanied children. 11 Eurydice, Organisation of the Education System in Hungary ( ), available at: eurybase/eurybase_full_reports/hu_en.pdf, p Hungary/ Law Decree No. 15 of 1989.

4 4 integrating refugee and asylum-seeking children in the educational systems Asylum Act 13 was adopted by the Parliament, which lifted the geographical limitation. After this Act entered into force in 1998, non-european asylum cases were also assessed by the Hungarian Asylum Authority. With Hungary s accession to the EU and the harmonisation of national legislation with the EU asylum acquis, a new Asylum Act (Act LXXX on Asylum of 2007, hereinafter referred to as Asylum Act) was adopted in 2007 which implemented relevant EU directives. Hungary joined the Schengen area on with respect to the management of land borders, and on at Budapest international airport. Regarding relevant international human rights instruments, Hungary is also a signatory to the United Nations Convention on the Rights of the Child of (CRC); the International Convention on the Elimination of all forms of Racial Discrimination of (ICERD); and the International Covenant on Economic, Social and Cultural Rights of (ICESCR). Like all other EU member states, Hungary has not yet signed the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990 (ICRMW), although a public petition has recently been launched to encourage the government to sign. 17 The OIN 18 has been in charge of asylum cases since This report relies on official statistics provided by the OIN and the UNHCR. In recent years asylum statistics showed the following picture: 19 Year Number of asylum seekers , , , , , ,104 It can be seen from these tables that there was a considerable increase in the number of asylum applications submitted in 2009 (50 per cent more than in 2008), followed by a strong decrease in The Table 2. Breakdown of the countries of origin of asylum seekers between 2006 and 2010 (top 6) Vietnam 319 Vietnam 406 Vietnam 862 Kosovo 1,266 Kosovo 1,786 Afghanistan 702 Serbia 243 China 275 Serbia 800 Serbia 327 Afghanistan 1,194 Serbia (incl.kosovo) 445 China 165 Georgia 175 China 417 Pakistan 246 Serbia 536 Gaza, West Bank (Palestinians) 225 Georgia 114 Serbia 139 Iraq 135 Somalia 185 Georgia 116 Georgia 68 Bangladesh 90 Nigeria 109 Georgia 128 Iraq 125 Turkey 114 Iran 62 Nigeria 89 Iraq 68 Nigeria 86 Afghanistan 116 Somalia 75 Turkey (incl.kurds) 59 Source: Office of Immigration and Nationality. 13 Hungary/ Act CXXXIX of 1997 on Asylum. 14 CRC has been ratified by Act LXIV of ICERD has been ratified by Law Decree No. 8 of ICESCR has been ratified by Law Decree No. 9 of Menedék Hungarian Association for Migrants. (accessed ) 18 Office of Immigration and Nationality. Review. (accessed ) 19 Official statistics from the OIN, available in Hungarian at: (accessed ) 20 Other significant countries of origin in 2010 were: Somalia: fifty-one applicants; Iraq: forty-eight applicants; Pakistan: forty-one applicants; Nigeria: thirty-seven applicants; Algeria: thirty-five applicants; Syria: twenty-three applicants; Lebanon: nineteen applicants; Sudan: fourteen applicants.

5 Country report: Hungary 5 Table 3. Number of asylum applications submitted by unaccompanied minors 21 Year Total Source: UNHCR. Table 4. Persons granted refugee status 22 Citizenship Iranian n/a Somalian Afghan Serbian n/a Iraqi n/a other Total Total applications 1,609 2,117 3,419 3,118 4,672 2,104 Source: Office of Immigration and Nationality. first increase may be due to the favourable legislative changes that resulted from the Asylum Act of 2007, while the decrease of 2010 could be explained by the introduction of stricter immigration policies in particular the increased use of alien policing (immigration) detention by the police. In 2008, 160 persons were recognised as refugees, eighty-eight were granted subsidiary protection and forty-four were granted tolerated stay (non-refoulement protection for one year); in 2009 the OIN recognised 172 applicants as refugees, sixty-two as beneficiaries of subsidiary protection, and 155 were given tolerated status. A total of seventy-four persons were granted refugee status, the OIN granted subsidiary protection to 115 persons, while fifty-eight were granted tolerated status on the basis of the risk of refoulement. The recognition rate of refugees was seventy-four and beneficiaries of subsidiary protection were granted to 115 persons. As regards the nationality of persons granted international protection of the three categories above, most of them were Somali, Iraqis, Afghans, Palestinians, Serbians and Iranians. From a regional perspective, Hungary has become the third most important country of arrival in the Central- European region after Austria and Poland, with a markedly higher number of asylum applications than in some other countries in the region (e.g. Slovenia, Bulgaria, Romania, Slovakia). The number of asylum seekers arriving in Hungary who are under eighteen is relatively high for the region, with only Austria and Poland receiving more minor asylum seekers than Hungary. According to Eurostat, 24 a total of 22.3 per cent of all asylum seekers in Hungary were minors (aged under eighteen); of these 13.4 per cent were 21 Data prior to 2007 is not available statistics were taken from the publication entitled Asylum trends by UNHCR Central- European Representation. 22 OIN statistics , available at: (accessed ), p, Breakdown by nationality of recognised refugees is not available publicly, the above information was obtained from the OIN s directorate of reception and integration on Eurostat, Asylum applicants and first instance decisions in 2010, available at: EN/KS-QA EN.PDF

6 6 integrating refugee and asylum-seeking children in the educational systems aged between zero and thirteen and 8.9 per cent were aged fourteen to seventeen. The percentage of asylumseeking children is slightly lower in Hungary than the figure averaged over all EU27 countries (31.1 per cent). Although the number of new asylum applications was on the rise in 2008 and 2009 (and decreased significantly in 2010), Hungary is still a transit country to the European Union for the majority of asylum seekers. But since it lacks meaningful integration measures and a comprehensive strategy, even recognised refugees often decide to leave the country for shorter or longer periods, usually to reunite with family members living in other EU member states or to work. This tendency led to the destitution and homelessness of many Somali refugees in 2009 and 2010 since by the time they returned from abroad they had lost their entitlements to benefit from state provided pre-integration accommodation in the reception facility in Bicske. 25 Most asylum seekers are dissatisfied with the job opportunities available and they often feel hostility directed at them in their everyday lives. Language is another barrier that is often difficult to overcome, especially for elderly and illiterate asylum seekers and refugees Legal framework governing asylum 27 Recent legislative trends Between 2007 and 2010 no major changes occurred in the general situation and the legal framework related to asylum law in Hungary. Amendments to the Procedural and Qualification Directives were implemented and, in comparison to other EU member states, Hungary adopted a rather favourable legislative framework in the field of asylum. Accelerated procedure and border procedures were not introduced at all, two consecutive asylum applications had suspensive effect on removal, and asylum seekers detention was allowed for up to only fifteen days, until the end of the preliminary assessment procedure of the refugee status determination procedure. Nevertheless, some of the above-mentioned provisions were not applied on a systematic basis due to the OIN s reluctance to implement all these positive measures. Changes introduced from , however, resulted in a much less favourable asylum regime. The main changes were: 1. Asylum seekers whose case has been referred to the in-merit procedure (the second phase of the asylum procedure) may be detained. 2. The maximum duration of alien policing detention was increased to twelve months, which inevitably led to increased tension and frustration on behalf of both detainees and guards. This extension was justified by the implementation of the EU Return Directive. 28 The scope of application of alien policing detention was also broadened: families with minors are subject to detention for up to thirty days as an ultimate measure, if other less coercive measures, such as the seizure of travel documents or the assignment to a compulsory place of residence, have not accomplished the aim of detention. 29 Even though the law provides this ultimate measure safeguard, in practice the detention orders issued to the families do not explain why the most restrictive measure and no other alternative has been ordered. Unaccompanied minors are exempt from alien policing detention given the fact that proceeding authorities (the police and the OIN) accept their age (which is, due to the lack of valid travel documents in most of the cases, purely based on the statements of the applicant). 3. The structure of the Hungarian asylum procedure has significantly changed and the concept of manifestly ill-founded asylum applications has been introduced. 4. Subsequent asylum applications no longer have suspensive effect on the execution of expulsion in cases where the Hungarian authority 25 UNHCR (2010), Report on Refugee Homelessness in Hungary, available at (accessed ). 26 Observations of the researcher as a staff member of the Hungarian Helsinki Committee (HHC). 27 Relevant legal background: Act LXXX of 2007 on Asylum (hereinafter referred to as Asylum Act); Govt. Decree 301 of 2007 on the implementation of the Asylum Act; Act II on the entry and residence of third-country nationals (hereinafter referred to as TCN Act); Govt. Decree 114 of 2007 on the implementation of the TCN Act; Act XXXI of 1997 on the Child Welfare and Guardianship Administration (hereinafter referred to as Child Protection Act); Govt. Decree 149 of 1997 on Public Guardianship Authority in Child Protection and Guardianship Administration; Act LXXIX of 1993 on Public Education (hereinafter referred to as Public Education Act). 28 The European Parliament and the Council. DIRECTIVE 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, available at: EN:PDF 29 Section 56 (3) of the TCN Act.

7 Country report: Hungary 7 or court ultimately decided that the prohibition of refoulement was not applicable. Rights to accommodation might also be limited in subsequent asylum procedures. 30 In Hungary there are no formal requirements for seeking asylum as regards the form, the place and the timing for submitting an application: it is valid both in written and oral form, in any language, and at any public administrative body (in most cases the Police or the OIN, but it can also be a penitentiary institution). In practice, three main problems can be identified in the Hungarian asylum system: a. Potential asylum seekers often have to express their wish to seek asylum in police proceedings, and experience shows that a remarkable proportion of police officers are reluctant to listen to asylum claims and routinely fail to record asylum applications. This omission is most apparent at the Ukrainian-Hungarian border but similar cases have also been reported from the Serbian-Hungarian border. 31 b. It has happened that before registering asylum applications, the police, having intercepted an asylum seeker who is entering or staying unlawfully, have issued an expulsion order and a re-entry ban against the foreigner (for a duration of between one and ten years) all this based only on a short interview focusing on immigration questions and human trafficking, but with no questions on asylum and the need for international protection. This is a highly problematic practice as an expulsion order issued prior to the start of the asylum procedure is rarely challenged by asylum seekers, since they do not usually understand the difference between the two procedures, and language and communication barriers often prevent them from challenging the expulsion orders. As a result, most of these asylum seekers are detained for the purpose of secure expulsion and after having completed the asylum procedure with rejection, most failed asylum seekers now find themselves with a valid and final expulsion decision long after all deadlines to redress the case have passed. c. Information provided by the OIN is written in an extremely complicated, technical and incomprehensible language; lawyers and experts of the HHC s legal aid programme for asylum seekers reported that most asylum seekers have difficulties in understanding the lengthy information brochures. Also, these leaflets are often handed out only a few minutes before the first interview starts, so that asylum seekers do not have enough time to understand the relevant information regarding their procedural rights. Types of protection status under Hungarian law: Refugee ( menekült ): A person who has a wellfounded fear of being persecuted in his/her country of origin on account of his/her race, religion, nationality, political opinion or affiliation with a particular social group. This status is valid for an undetermined period of time (but can be withdrawn under special circumstances). Subsidiary protection ( oltalmazott ): A person who is at risk of suffering any of the following in his/her country of origin (not related to Geneva convention grounds): Death penalty; Torture, inhumane or degrading treatment or punishment; Serious threat to a civilian s life or person because of indiscriminate violence in an armed conflict. This status is valid for five years, but can also be withdrawn earlier or renewed after the review. Tolerated stay ( befogadott ): A person who has a well-founded fear of persecution, torture, inhuman or degrading treatment or death penalty, but who cannot benefit from refugee status or subsidiary protection. This status is valid for one year, but it can also be withdrawn earlier or renewed after the review Reception conditions for asylum seekers The Asylum Act states that a person seeking recognition is authorised to stay in the territory of the Republic of Hungary during the asylum procedure. If they 30 Since the new law only entered into force recently, we do not yet know what this means in practice. 31 In the framework of its border-monitoring activities under a tripartite cooperation agreement with the UNHCR Regional Representation in Central Europe and the National Police Headquarters, the HHC raised concerns regarding disquieting police practices of not hearing asylum applications at the border and returning asylum seekers to countries where international protection is not available. Two reports that confirm the HHC s findings were recently published on refoulement cases to Ukraine in 2010, Buffeted in the Borderland by Human Rights Watch ( reports/2010/12/16/buffeted-borderland-0 ) and Access to Protection Denied ( pdf ) by the Border Monitoring Project and ProAsyl Foundation in Germany.

8 8 integrating refugee and asylum-seeking children in the educational systems cannot afford to live on their own, they are entitled to stay at a reception centre. They are entitled to work inside the grounds of the reception centre within one year of submitting the application for recognition, and thereafter in accordance with the general rules applicable to foreigners. They are entitled to enter into and maintain contact with the United Nations High Commissioner for Refugees and other international or non-governmental organisations during the term of the asylum procedure. 32 During the procedure, asylum seekers are obliged to cooperate with the refugee authority, issue a declaration about property and income, and refrain from being employed except for the work undertaken in the reception centre. They are obliged to stay at the accommodation facility designated by the refugee authority and to observe the rules of conduct governing residence. They are also obliged to undergo health tests and take any medical treatment prescribed as mandatory by law or required by the relevant health authority, and to receive any missed vaccinations prescribed as mandatory by law and required by the relevant health authority where there is the risk of disease. 33 Conditions of reception include the following provisions and support: material conditions (accommodation at a reception centre, three meals a day or meals allowance, cleaning supplies or allowance, appropriate clothing, special pre-school training for children older than five if there is no possibility to access nursery education, monthly allowance, reduction when travelling, work on the grounds of the reception centre if there are any vacancies; access to the health care system; reimbursement of the costs of education; financial support (for schooling, upon final departure from the country). 34 There are two reception centres run by the Office of Immigration and Nationality, in Debrecen (for asylum seekers) and in Bicske (for persons granted international protection). The third reception centre used to be in Békéscsaba (pre-screening facility) but it has recently been transformed into a guarded shelter (immigration detention facility) for families with children, married couples, single women and other vulnerable asylum seekers who cannot be detained in regular jails. Four immigration jails 35 ( guarded shelters ) are operated by the police; these are situated in Nyírbátor, Kiskunhalas, Győr and at Budapest International Airport. Asylum seekers can be detained here if they are subject to other immigration proceedings (e.g. expulsion) besides the refugee status determination procedure (RSDP). 3. Institutional Set-up, Legal and Policy Framework This section outlines the national authorities responsible for the integration of, and service of provision to, refugees and asylum seekers in Hungary National level Ministry of Interior (MoI): 36 responsible for public order and policing, immigration, asylum and border control, penitentiary institutions and local governance; Ministry of National Resources (MNR): 37 areas of responsibility are education, culture, social affairs and health care; Office of Immigration and Nationality (OIN): 38 the immigration and asylum authority responsible for immigration and asylum procedures and naturalisation; 32 Section 5, subsection (1) of the Asylum Act. 33 Section 5, subsection (2) of the Asylum Act. 34 Sections 15 and 21 of the Government Decree 301/2007 (XI. 9.) on the execution of the Asylum Act. 35 Although these facilities are not designated as jails by the Hungarian authorities, a number of reports have criticised the prison-like conditions within them (see Global Detention Project, Hungary Detention Profile, available at: introduction.html). 36 Belügyminisztérium, (accessed ). 37 Ministry of National Resources. (accessed ). 38 OIN, (accessed ).

9 Country report: Hungary 9 Educational Authority (EA): 39 responsible for the organisation and coordination of control, assessment and evaluation tasks regarding all levels of education; Central Statistical Office (CSO): 40 responsible for designing and conducting surveys, recording, processing and storing data, data analyses and dissemination, protection of individual data for public administration, social organisations and local authorities; Interministerial Commission on Migration: 41 responsibilities include the collection, evaluation and dissemination of national and international data on migration to ministries and government institutions; Menedék Association for Migrants: 42 represents migrants and refugees, promotes their social and cultural integration, provides expertise on Hungarian migration policies, organises and coordinates social, informational, mental-health programmes and provides social assistance to migrants, asylum seekers and refugees, etc.; Refugee Mission of the Hungarian Reformed Church (RM): 43 organises social and cultural assistance and training sessions for asylum seekers and refugees through various projects; Hungarian Interchurch Aid (HIA): 44 main responsibility is to provide unaccompanied minor asylum seekers and refugees with professional social assistance, care and education in the separate reception facility designated for RASC); UNHCR Regional Representation for Central Europe; 45 Office of the Parliamentary Commissioner for Civil Rights: 46 responsibilities are to monitor and investigate whether the constitutional or fundamental rights of an individual residing in Hungary have been abused, including foreigners and migrants. National network of reception facilities for asylum seekers and refugees As a general rule, asylum seekers and refugees are accommodated if they lack the necessary means to provide themselves with private housing. Practice shows that regardless of their family and social status, most asylum seekers are in need of stateprovided accommodation. It is important to note that asylum legislation stipulates that families should be accommodated together regardless of the family members legal status, a measure which is more or less respected by the authorities concerned. 47 Instead of being detained in general immigration jails, vulnerable asylum seekers (including single women, families with children, married couples and persons with disabilities) are detained in the immigration jail in Békéscsaba (previously a closed reception facility). The jail has a capacity of 135 people. The facility is owned by the OIN but is operated by the police. The duration of detention in Békéscsaba varies; families with minor children may be detained for a maximum of thirty days, which is also the duration of the preliminary assessment procedure in the RSDP. Other vulnerable asylum seekers might spend the entire RSDP in the Békéscsaba jail or depending on the decision of the case worker might be transferred to the open facility in Debrecen (see below). Detainees cannot leave the facility at Békéscsaba, although the regime is semi-open (during daytime, all rooms are open and residents can go to the open-air courtyard any time they wish). Rooms are closed only for the night; however, the facility is entirely guarded by armed security guards and police officers in uniform. Social and legal assistance is provided by local OIN staff and NGOs, although children cannot attend school because their prescribed detention does not exceed thirty days and schooling cannot be arranged in such a short timeframe. Until the restrictive detention policy was 39 The Educational Authority (Oktatási Hivatal) was set up in 2006 to merge several public education and higher education government agencies. The Authority operates as a central office, under the control of the Minister responsible for education. It participates in the organisation and coordination of control, assessment and evaluation tasks regarding all levels of education. It cooperates in tasks with authorities specified in the Public Education Act and belonging to the sphere of authority of the minister. Source: summary_sheets/047_hu_en.pdf 40 Hungarian Central Statistic Office. (accessed ) 41 (accessed ) 42 Menedék Hungarian Association for Migrants. (accessed ) 43 Misszio (in Hungarian). (accessed ) 44 Hungarian Interchurch Aid. (accessed ) 45 UNHCR-Central Europe. (accessed ) 46 Commissioner for Fundamental Rights. (accessed ) 47 Section 21 subsection (6) of the Government Decree 301/2007 (XI. 9.) on the execution of the Asylum Act.

10 10 integrating refugee and asylum-seeking children in the educational systems adopted, asylum seekers were initially accommodated in Békéscsaba closed reception centre (as it was called then) for the duration of the pre-admissibility procedure and, once their procedure was referred to the in-merit phase, they were transferred to the open refugee camp in Debrecen. In view of the fact that the new Act on Asylum does not oblige the OIN to release asylum seekers once preliminary assessment is completed and their cases enter the in-merit procedure, many asylum seekers remain in detention for the entire duration of the asylum procedure. As for accommodation arrangements for asylum seekers not detained for immigration purposes (for instance, because of illegal entry or stay, or because they await expulsion and deportation) after the preassessment phase of the asylum procedure, they are placed in the reception centre of Debrecen, which is situated in Eastern Hungary and operated by the OIN. Although this is an open facility, asylum seekers are entitled to leave the premises for no longer than three days after notifying the reception services. They receive three meals every day, and extra dairy products and fruit are provided for children under fourteen and pregnant women. Food has always been an issue for the residents of the Debrecen reception centre as it often fails to respect the cultural or religious background of the asylum seekers. Women usually complain about not receiving financial support so that instead of getting ready-made food, they could prepare their own food for the family. Serious complaints were also lodged regarding hygiene conditions at the Debrecen reception centre. 48 Asylum seekers can be accommodated in Debrecen for the entire RSDP and judicial review proceedings. Children are entitled to attend kindergarten and primary school, although the willingness and capacity to receive them in local public schools is rather limited. Together with recognised refugees and persons granted subsidiary protection, unaccompanied minor asylum seekers are accommodated in Bicske, which is situated forty kilometres West of Budapest. The facility is operated by the OIN, although professional services have been outsourced to the NGO Hungarian Interchurch Aid. These children benefit from a separate accommodation facility within the reception centre, an open shelter in which they attend school and receive special care for the duration of the entire asylum procedure. They receive specific attention tailored to their needs, and the number of social workers is significantly higher in this shelter than in the adults facilities. According to the information provided by the OIN, the average stay in the facility in Bicske is 201 days after recognition. In general, recognised refugees are entitled to live in the pre-integration facility for no longer than six months (twelve months in especially vulnerable cases). 49 With the modification of the Asylum Act in 2010, the reception of unaccompanied asylum-seeking minors will be integrated in the general child protection framework for non-asylum-seeking children. The new reception centre for unaccompanied asylum-seeking minors is projected to open in Fót later in It will be situated in the grounds of the Childcare Centre of Károlyi István, 50 which is run by the Ministry of National Resources. Services will continue to be provided by Hungarian Interchurch Aid, since they have the necessary expertise. In order to give an overview of all the facilities for detaining or receiving asylum seekers throughout Hungary, it is relevant to mention immigration jails, which have an overall maximum capacity of approximately 480 places. Asylum seekers can also be detained for up to twelve months or the end of the RSDP in immigration jails (guarded shelters) if expulsion decisions have been issued prior to the asylum application. These institutions are run by the police in Győr, Kiskunhalas, Nyírbátor and at Budapest International Airport Regional level (regional authorities, NGOs, etc.) Responsibilities and competences in the area of educational integration are most relevant in places where refugee reception centres are situated or in regions where more refugees reside, in particular in the three counties Békés, Hajdú-Bihar and Fejér, and in the vicinity of Budapest and Debrecen. Local authorities are obliged to organise secondary public education and specific 48 UNHCR, (AGDM Report 2009), Being a Refugee. How Refugees and Asylum Seekers Experience Life in Central Europe. UNHCR Budapest,, available at: 49 Section 41 of the Govt. Decree 301 of 2007 on the implementation of the Asylum Act. 50 Centre of Károlyi István. (accessed )

11 Country report: Hungary 11 services (e.g. education for children with learning difficulties and behavioural disorders) for RASC residing in their catchment area. NGOs offering reception facilities operate throughout the country, but there are very few regional (local) initiatives; those that exist are short-term and depend mostly on student volunteers, lacking organisational and financial sustainability. In the case of agencies (both state and NGOs) that operate on a nationwide basis (e.g. OIN, Menedék Association, Cordelia Foundation for the rehabilitation of torture victims, 51 etc.), the regional institutional set-up is related to the locations of reception facilities. which results in a complicated system of powers and responsibilities. Public education is also integrated into the general system of public administration; there is wide-ranging local and institutional independence. County councils are responsible for educational issues on a regional level, but regional authorities have weak competences compared to those of both central and local authorities in the field of education. At the regional level, it is the responsibility of the county government (county assembly) to establish secondary educational institutions and the dormitories that may be attached to them Local level Under the Act on Municipalities, local municipalities are obliged to organise kindergartens and primary education, and maintain basic educational institutions. 52 (For further information on local arrangements please see chapters IV.3 IV.5) Csapókerti Elementary School in Debrecen receives RASC from the OIN Refugee Reception Centre in Debrecen; Pósa Street Kindergarten receives RASC children between three and six based on a cooperation agreement with the OIN reception facility in Debrecen. 4. Overview of the educational system and the education status of refugees and asylum seekers in Hungary The administration of Hungarian public education is characterised by decentralisation. Administrative and decision-making powers are shared at various levels, 4.1. The right to education in Hungary In Section 70/F, the Hungarian Constitution sets forth that the Republic of Hungary respects the right of all residents to public education. Public education is compulsory for every child between six and eighteen years of age. 53 The Public Education Act 54 contains special provisions for school-age immigrant children (including asylum seekers, refugees, beneficiaries of subsidiary and temporary protection, and those holding a permanent residence permit or humanitarian residence permit). Section 110 sets out the rules applicable to foreign nationals, namely that after one year of residence in Hungary, asylum seekers, refugees and beneficiaries of temporary protection, 55 children from other EU member states, 56 and children with residence permits are automatically entitled and obliged to attend Hungarian public educational institutions. Minors who entered the country less than a year before may attend school upon their parents request. Those who do not fall into the above categories are also entitled to participate in public schooling if they pay the proportionate costs of their education. 57 In practice, asylum-seeking children in the Békéscsaba refugee reception centre rarely have the opportunity to attend local elementary school as they usually spend 51 The Cordelia Foundation. (accessed ) 52 Section 8 of Act LXV on Municipalities of Section 6 of the Public Education Act. 54 Section 110 of the Public Education Act. 55 In accordance with the Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons, and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. 56 Persons who fall under the scope of Act I of 2007 on free movement. 57 Section 110 (8) of Public Education Act.

12 12 integrating refugee and asylum-seeking children in the educational systems less than fifteen days in the closed facility. In principle, the centre s director sees a possibility for them to attend school. Regarding the education of RASC at the reception centre in Debrecen, an important distinction has to be made: asylum-seeking families usually spend several months here until the asylum procedure is completed, so it is possible to enrol children in public schooling. In principle even children whose asylum case is pending are entitled and obliged to attend school but due to practical difficulties or the lack of willingness of local schools it might take a longer time to enrol. According to Section 110 (1) (c) of the Public Education Act, a third-country national child is entitled and obliged to participate in public education if he/she has a permit to lawfully stay in Hungary, which has to be approved when admitting the child to school. Children without residence permits are entitled to attend public elementary and secondary schools under the condition that they pay the costs of their education, which may be reduced or waived by the principal of the institution. 58 Under international agreements, Hungary provides extra funding for the language integration programmes of refugees and asylum seekers and others as defined in the Asylum Act. For non-hungarian speaking children with citizenship from another state, who undertake compulsory schooling at a school where the language of instruction is Hungarian, extra funding is available for one year after the pupil enters the education system. A grant is also provided for schools with migrant children to organise extra-curricular activities to help children tackle cultural differences. A condition for receiving extra funding is that the school adopts an intercultural pedagogical programme and undertakes to: research and analyse experience in educating Hungarian and foreign pupils and use the findings to influence their work; look for internal and external partners if needed; disseminate the results, and monitor processes in order to remedy possible deficiencies. These measures are intended to help Hungarian public education to prepare for the predicted increase in the number of migrant pupils. Public elementary and secondary schools which receive RASC and immigrant children (non-hungarian pupils in general) are entitled to extra funding from the government s central budget. Government Decree no. 17 of 2010 (III.30) on specific educational tasks, prescribes that for each RASC the receiving educational institution is entitled to 90,000 HUF per annum (approximately 335 Euros) as extra financial support that can be used for additional language courses, intercultural training and events, etc. It should be noted, however, that this form of additional funding may only be requested until the beginning of October, which usually means that support cannot be requested for children arriving later in the school year. The limited access to such financial support is an issue for institutions dealing with RASC, since they arrive at various times and not necessarily at the beginning of the school year. Due to administrative restrictions, the added pressure on the institution and the fluctuation of RASC, most of the schools concerned therefore fail to make use of the extra funding provided by the government. Under the conditions defined in the Act on Higher Education of 2005, 59 every Hungarian citizen has the right to pursue studies at a higher education institution by enrolling in either state-funded or fee-paying training. The following persons also have this right: Citizens of the member states of the European Economic Area and their family members; 2. Refugees, asylum seekers, exiles, immigrants, and residents living in the territory of the Republic of Hungary; 3. Foreign nationals enjoying the same rights as Hungarian citizens on the basis of an international agreement; 4. The nationals of countries where Hungarian citizens have recourse to the higher education services of the country concerned based on the principle of reciprocity Education system in Hungary Kindergarten is only compulsory for one year from the age of five in order to prepare the child for elementary school. (The earliest age to start kindergarten is three; for younger children only 58 Section 110 (8) of Public Education Act. 59 Act no. LXXXXIX of 2005 on Higher Education, available at: 60 Eurydice, Organisation of the Education System in Hungary ( ),available at: eurybase/eurybase_full_reports/hu_en.pdf (accessed ), p.190.