#WeApologise for the inhumane new Hungarian Law

By Lisa Dezauer, Social Platform Intern

During the past few weeks, events on Hungary’s borders are worsening. After Hungary closed its border to Serbia on 14 September, the situation escalated when the Hungarian police used tear gas and water cannons in effort to hinder people crossing the border. As a European I must therefore say #WeApologise once again.

Hungary’s new legislation in relation to its external borders marked a turning point on migration policies in Hungary – and in Europe.

According to the new law, those who illegally enter the country will be captured, jailed and quickly expelled from the country. People who attempt to break through the fence could be jailed for up to three years. Legally transmitted applications for asylum are now being processed in transit zones so that people cannot enter the territory of Hungary. Since Hungary declared Serbia a safe country, basically all people registered in Serbia before coming to Hungary’s border will be send back to Serbia. This new regulation will cause a massive rejection of asylum applications. In addition, Hungary’s parliament has passed a law allowing its army to use rubber bullets, tear gas grenades and net guns against refugees in case of any rebellions.

The new law is not only criminalising people seeking asylum and help in Europe, which would be bad enough, but it is also criminalising solidarity. Kim Lane Scheppele points out in the article “Orbáns Police State” that according to new Hungarian law, “any person who provides aid to another person for crossing state borders [illegally…] is guilty of a felony.” In some cases taxi drivers, paid to drive migrants to the border, have already been prosecuted for trafficking. The jail time for trafficking has increased to eight years if the trafficking is carried out for financial gain, involves several persons or damages the border fence. NGOs rightly worry that their members might get up to ten years’ imprisonment for helping refugees by working “in a criminal association”. Such criminalisation of humanitarian assistance is dangerous to service providers and people fleeing war, poverty and persecution because both parties are suffering from the consequences.

What is happening at Hungary’s border is clearly a violation of human rights and Europe’s most important values. Looking at the latest news and listening to the Hardtalk BBC interview with Foreign Minister Péter Szijjártó, such violations at Hungary’s borders will not stop any time soon.

Since the border-crossing at Hungary’s border to Serbia was made almost impossible, there are more and more people arriving on Hungary’s border with Croatia. Hungary has responded by building “temporary barriers” on this border.

Despite all the negative developments it is good to see that many European politicians and stakeholders expressed their disapproval over Hungary’s new law and latest actions. Many people agree that building walls and fences is not the solution to this ongoing humanitarian crisis and Member States therefore need to find a common, sustainable solution that puts human rights and the protection of people fleeing war, persecution and poverty first.

The current crisis is challenging for many countries, especially the countries on Europe’s external borders and it is definitely not easy to fulfill the needs of so many people feeling war, persecution and poverty. Nevertheless Europe has not reached its limits, as some may claim. What we need is simply better coordination in terms of assisting people who are in need of our help more effectively. It must be assured that every individual arriving in Europe is treated with dignity. Europe, as the promoter and protector of human rights, has the responsibility to stick to its values – especially in times of crisis.