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Hungarian Refugee Policy THE INFLUENCE OF INTERNATIONAL NORMS AND INSTITUTIONS ON HUNGARIAN REFUGEE POLICY by NATALE ZEND, B.A. Hom. A thesis submitted to the Faculty of Graduate Studies and Research in partial fulfilment of the requirements for the degree of Master of Arts Norman Paterson School of International Mairs Carleton University Ottawa, Ontario June 2, 1997 O copyright i 997, Natalie Zend National Library Bibliothèque nationale I*I of Canada du Canada Acquisitions and Acquisitions et Bibliographie Services services bibliographiques 395 Wellington Street 395. rue Wellington Ottawa ON K1A ON4 OttawaON KIA ON4 Canada Canada The author has granted a non- L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library of Canada to Bibliothèque nationale du Canada de reproduce, loan, distribute or sell reproduire, prêter, distribuer ou copies of this thesis in microfom, vendre des copies de cette thèse sous paper or electronic formats. la fome de microfiche/film, de reproduction sur papier ou sur format électronique. The author retains ownership of the L'auteur conserve la propriété du copyright in this thesis. Neither the droit d'auteur qui protège cette thèse. thesis nor substantial extracts kom it Ni la thèse ni des extraits substantiels may be printed or otherwise de celle-ci ne doivent être imprimés reproduced without the author's ou autrement reproduits sans son permission. automation. ABSTRACT This thesis examines the intemationalization of Hungarian refugee policy between 1987 and 1996. At the international levei, the United Nations-based refugee regime, which focuses on refbgee protection and assistance, is gradually being undermined by an ernerging European refbgee regime that treats refugees as a secunty threat. The analysis suggests that Hungary's policy has shifted in a similar direction. This development results from the changing convergences of international infiuences and domestic imperatives related to nationalism and Hungary's place in the world. The argument is supponed by discussion of the interplay of international and national objectives and institutions, and their effect on the state's choice of policy instruments. Drawing upon policy analysis Literature and regime theory, the audy takes an historical approach, relying heavily on pnmary sources. It concludes that the policy change signifies a shifking of the refugee burden to less capable States, with a- corresponding erosion of refbgee protection. ACKNOWLEDGEMENTS I wish to thank my academic supervisor, NPSIA professor Bnan Tomlin, for his insightfiil critiques; Professor David Long, for his helpful suggestions; and my advisor, Professor Magda Opalski of the Centre for East European and Russian Area Studies, for her encouragement and inteiiectual companionship. Thanks also to the many Hungaiian officiais, NGO staffand academics who shared information and experiences and plied me with research matenals. In particular, 1 would iike to express my gratitude to the foilowing: Bo1dizsi.r Nagy, Professor of International Law, EOtv6s Lorind University, and Endre Sik, Research Feilow at the Innitute of Political Sciences of the Hungarian Academy of Sciences, for their invaluable guidance and research assistance; Philippe Labreveux and his stafFat the United Nations High Commissioner for Refugees, Branch Office for Hungary, for donating so generously of their time and views; and Gabriella Szikrhé-Véghseo, of the Hungarian Office for Refûgee and Migration Mairs, for facilitating my access to govemment sources. For financial assistance, 1am indebted to Carleton International, for financing my field trip to Hungary, and to University College (University of Toronto), Carleton University, and the Department of National Defense, for fûnding my graduate studies. Special thanks to Janine Zend, my mother, for her boundless concem and support, to Connne McDonald, for keeping me Company through it dl7 and to Mark Helsing, for seeing me to the finish line. 1am especially grateful to Craig Urquhart, who helped me through the entire process in every imaginable way. To the statfat COSTI Reception Centre in Toronto, especially Colette Murphy, Carolina Gajardo, and Gina Filippi, thanks for the inspiration. TABLE OF CONTENTS Page .. ACCEPTANCE SEET 11 ..* AB STRACT 111 ACKNOWLEDGEMENTS iv TABLE OF CONTENTS v LIST OF TABLES vii LIST OF FIGURES vii CHAPTER ONE: INTRODUCTION CONTEXT -ANDANALYTTCAL FRAMEWORK Context Framework and Research Questions Hypothesis METHODOLOGY AND SOURCES CONCEPTS AND OBSERVATIONS The International Refbgee Regime The Emerging Western Euro pean Asylum Regime TKESIS STRUCTURE CaAPTER TWO: TEE INTERPLAY OF INTERNATIONAL INFLUENCES AND DOMESTIC IMPERATIVES REGIME IDEAS AND STATE OBJECWS HUNGARIAN REFLJGEE POLICY, PHASE 1 (1987-1991) A Humanitarian Approach in the Spirit of the International Refugee Regime The Aspirations Which Led to the Adoption of this Approach 1) Hungary to 'Y&" West 2) Nationalim: Thc Politics of inclusion HUNGARIAN REFUGEE POLICY,PHASE II (1 99 1- 1996) A Changed Context for Policy 1) Nationaiism: Ihe Polilics o/ficiusio~n 2) Hzingq 20 Joirz European Union The Securitization of Refugees in the Spirit of the European Refugee Regime 1) Non-ethitic Hungarzan Refugees as a Threat IO the Host Country 's Crrlrural Identity 2) Reficges us a Sociol and Economic Burden 3) Refgees as CriminuIs 1) Refugees as a Source of I~bilzty CHAPTER THREE: RELATIONS BETWEEN INTERNATIONAL AND DOMESTIC INSTITUTIONS RELATIONS BETWEEN THE HIiNGARIAN STATE AND UNHCR Enforcernent Activities Implementation Activities Promotion Activities Impact of UMICR on Hungarian Refugee Policy RELATIONS BETWEEN THE STATE AND WESTERN EUROPE The "Carrot": The Prospect of Joining the European Union The "Stick": The Threat of Becoming Europe's "Dumping Ground" Increased Cooperation on Migration and RefÙgee Main RELATIONS BETWEEN THE STATE AND CIVIL SOCIETY 1987- 1989: NGOs and Govemment in a Pluralist Policy Network 1990- 1996: NGOs and Govemment as ParaIlel Actors CHAPTER FOUR: IMPACT ON POLICY OUTCOMES CONVENTION REFUGEE STATUS The Legal Definition of the Term "Refugee" in Hungarian Law The Convention Refugee Status Determination Procedure TEMPORARY PROTECTION CONTROL OF ILLEGAL MIGRATION CHAPTER Fm:CONCLUSION APPENDIX 1: LIST OF PERSONAL INTERVIEWS LIST OF TABLES TABLE DESCRIPTION PAGE 1 1989 Public responses to the question: Which groups would you 35 prefer for reception? Registered illegai border crossings into and out of Hungary, IWO- 47 June 1996 Seleaed other registered illegal border activities, 1990-June 1996 47 Registered Illegal Border Crossings and Attempts of Foreign 48 Nationals by Citizenship, 1990-Apnl 1994 Government expenditures on refugees and ternporady protected 67 persons, 1988-1995 LIST OF FIGURES FIGURE DESCRIPTION PAGE 1 The change of attitudes of Hungarian citizens toward ethnic 41 Hungarian refùgees from Transylvania 2 Change in the numbers of registered refugees and asylum-seekers 44 in Hungary, 1988-1994 3 Refugee amivals by ethnicity, 1991 - 1995 111 4 Temporarily Protected Persons by ethnicity, 1991 - 1995 111 5 Convention Refugees by ethnicity, 1991 - 1995 11 1 vii CHAPTER ONE INTRODUCTION CONTEXT AND ANALYTICAL FRAMEWORK Con test The collapse of the Iron Curtain has brought profound and wide-ranging change to the countries of East-Central Europe. For Hungary and its neighbours, it has rneant a fundamental restmcturing of economic and political systems, shaped by a rupture with the Eastern-oriented Communist past and a rapid opening to international Western dorninated influences. Until 1989, Hungary had been largely isolated econornicaily, politically, and cuituraily from the Westem world. From that year 04 it was suddenly and extensively afFected by the forces of globalization. These have becorne increasingly pervasive in the last fifieen years in the non-Communist world: the accelerating international integration of markets, the opening of economic borders, faster and tighter global transportation and communications links, and greater interdependence among nations for handling a growing array of transnational issues. These changes in the overall conditions in which govemments function have led to the "internationdization" of the public policy process over that period in Westem countnes, and over the past seven or eight years in the former East Bloc. This intemationalization is the "process by which various aspects of policy or policy making are influenced by factors outside national territorial boundaries". ' Forces outside the borders of the individual state, such as intemationd financial institutions, transnational corporations, banks, and multilaterai institutions and fora and international non- govenimental networks, increasingly exert iduences on govemmental policy. This has been documented by the recentiy published Border Crossings: The InternationaIization of Cmadim Public Policy, in which a number of authors examine a range of Canadian policy fields fiom banking and investment to agiculture, foreign afFairs and welfare.* The present thesis proposes to extend this discussion to a post-Cornmunist country, Hungary, by examining the evolution of Hungarian policy-making in the area of migration and refùgees from 1988 to 1 996. Until 1987, Hungarian refugee policy had been largely unafTected by international noms or institutions. In faa, it would be an exaggeration to daim that Hungary even had a refugee policy, as understood in the international arena, at all. It had been essentially a source of emigrants fleeing the
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