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Migrant Trafficking and Human Smuggling in Hungary

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Migrant Trafficking and Human Smuggling in Hungary MIGRANT TRAFFICKING AND HUMAN SMUGGLING IN HUNGARY Budapest, 1999 RESEARCH REPORT FOR THE INTERATIONAL ORGANISATION FOR MIGRATION Prepared by JUDIT JUHÁSZ With contributions from Andrea Bácskai Jurij Gmitra Ga briel Iván Milena Minkova Pál Nyíri Isabell Ramond Mariann Szaitz And many others, experts, governmental officials and migrants who by providing information contributed to the preparation of this report 1 1 INTRODUCTION 1.1 Background In an international, though mainly regional context, Hungary plays a key role in human smuggling: its geographical location, its economic position and its perspectives for accession to the European Union are all contributing factors to the development of the situation. At present, Hungary is both a transit and a destination country for migration. Not only are citizens of the neighbouring countries migrating, but there are growing numbers originating from more distant countries. The future of Hungary as a destination or a transit country for them will depend mainly on the further European policy developments. Western countries have introduced more and more restrictions on the flow of migrants. Arrival in Hungary, whether it is legal or not, does not provide for the legal possibility of progressing further into Europe in the majority of cases. As a consequence, many of them will try to cross the borders illegally, often with the help of human smugglers. 1.2 Aims and objectives The aim of this research is to gain an overview of the smuggling of aliens and of human trafficking in Hungary. It will attempt to identify the main types of trafficking and their dimensions through the experience of different governmental agencies, other institutional actors, NGOs dealing with migrants, as well as the people directly involved in trafficking. This last group consists primarily of migrants but includes some traffickers. The lack of reliable information is characteristic on all aspects of human trafficking. Not only is information and practices scarce concerning such issues as the effects of trafficking on migration patterns, the scale and extent of operations, structure and working principles of the smuggling organisations, but even information on the trafficked migrants, their personal characteristics, reasons for using the services of the traffickers, remains incomplete. Although there are some indicators connecting human trafficking with other criminal activities, the real scale and depth of this relationship are unclear. Typologies of how the migrant trafficking business is organised, and the functions performed thereby, are quite simplistic and heuristic. The elaboration of effective strategies and potential actions against trafficking is not possible without a detailed knowledge of the different aspects of the phenomenon. (i.e. real processes, policies, concerned population) Our aim is to contribute to this knowledge. 1.3 Definition of trafficking When starting our research, the first difficulty we were faced with was in defining the phenomenon of human trafficking. In terms of a comparative analysis, a common understanding of the phenomenon is inevitable prerequisite. However, we came to realise that the legal and the common understanding of the phenomenon differ not only from country to country but also among the various actors and institutions. Despite the fact that existing definitions overlap, they do involve considerable differences. Accordingly, different approaches to the phenomenon of human trafficking are applied. According to the definition applied by IOM earlier, "trafficking in migrants" - the illicit transportation of migrants or trade in them- can be said to exist if the following criterion are met: 2 • an international border is crossed, • an intermediary - the trafficker(s)- is involved in the movement of the migrant, • entry and/or stay in the country of destination is illegal. The migrant may completely avoid contact with the authorities during the border crossing, present either fraudulent documents or genuine documents which have been altered, or misrepresent his or her intentions regarding, for example, intended length of stay or economic activity; and • the trafficker profits from such activities in terms of economic or personal gain. This is the working definition used in our study. 1.4 Methodology In order to gain a relevant picture and a fair understanding of the complexities surrounding the phenomenon of trafficking, we use a multifaceted approach. This study is based on a comprehensive review of the literature and press, analysis of available data, and a survey of the relevant legislation. Nevertheless, interviews were the predominant means of acquiring information about the phenomenon of trafficking. Civil servants, experts within the administration have been interviewed. Certain NGOs, experts from political parties, and employees of some of the sending countries' embassies have also been consulted. Interviews were conducted with key informants at all levels of alien smuggling and the those concerned with the control of it. Field observations of border control operations (and whenever possible, observations of the trafficking process itself) were conducted as well. The second part of the research is based on interviews with smuggled migrants. Some observations, conversations were also carried out with the smugglers themselves. The review of the literature and the press and the processing of statistical information provided the basis for the conceptualisation of the research and also served as a frame of reference for the empirical observations. It was crucial in the preparation of interview guidelines, as well as for the understanding and analysis of information from the interviews. 1.5 Interviews with key informants Interviews were carried out with the following types of sources: State and local officials of the Border guards, Police, customs office, staff from reception and detention centres, local government representatives (concerned staff from reception regions), non-governmental organisations dealing with migration and migrants, international organisations involved in the issue, migrants familiar with smuggling practices; representatives of relevant commercial organisations such as airlines were interviewed. We also contacted foreign embassies in Budapest and the Hungarian consulate in the Ukraine. This sampling was designed to represent a range of views, understandings and assessments based on the experiences of individual experts and key informants from various institutions dealing with different aspects of the problem (ranging from research, legislation and surveillance to law enforcement at local and national levels). Particular informants were selected based on their position and relevance. Altogether 55 in-depth interviews were carried out with "key informants" in the course of this 3 research; 1 When permitted, the interviews were recorded on audiotape. When the recording have been refused or the circumstances did not allow using the recorder the interviewer summed up the content of the interview. 1.6 The interviews with migrants, site visits Interviews were structured, on the basis of an agreed IOM guideline, in order to acquire information on the structure and functioning of trafficking networks, financial arrangements, specific methods in use, and how these relate to each type of migrant. Through the findings of individual cases, we aim to understand the process from mobilisation through transition to destination. This includes recruitment in the place of origin, methods of border crossing, etc. Most of the interviews with migrants were conducted in detention or holding centres2 and in refugee camps. Others were conducted in railway stations, restaurants, places where trafficking is organised, police cars and through personal contacts. Some other interviews were done in a "panel" format involving small groups of migrants familiar with the smuggling experience. The number of migrants interviewed varied between 1 and 15 at one time in one location. The length of the interview varied between a couple of minutes to 3 hours, depending on the circumstances, the willingness to cooperate and on the value of information the migrant could provide. Most interviews were - at least partly - taped. A total of 82 interviews with relevant information to trafficking were summarised on a questionnaire format and coded3 . Some interviews were carried out with people who acted as human smugglers or assisted in the smuggling process. We arranged site visits at five different detention centres and three refugee camps (2 state-run and one NGO-run) in Hungary. We also managed to visit border communities and relevant interior sites where smuggling is organised and practised. (Sites were chosen based on the national level interviews and the consequences of current events). In certain cases we were able to follow some parts of the trafficking process. Field observations took place in Budapest around the central railway station. In one of the refugee camps we were not only able to follow the process but film it as well. Further observations took place in a town near the Austrian border known as a major "transit-waiting" centre for migrants mainly from Kosovo. We also arranged two trips to the Ukraine where we conducted 4 interviews with representatives of official organisations. More interviews were conducted with NGOs and migrants who planned to cross the border, some of whom had been readmitted several times. During the research we enjoyed the support of governmental agencies,
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