Budapest – The Hungarian government has enacted a controversial decree that breaches EU law by canceling state-funded shelter for refugees from western Ukraine. This new measure has left many without homes, as reported by Human Rights Watch. Around 3,000 refugees, mostly women and children, are affected, according to the Hungarian Helsinki Committee, which has been closely monitoring the situation. Human Rights Watch has called on the Hungarian government to immediately repeal the decree.
Lydia Gall, a senior researcher at Human Rights Watch, criticized the Hungarian government’s actions, stating, “The Hungarian government has reached a new low with this harsh law, leaving thousands of individuals who fled the conflict in Ukraine without shelter.” She urged the European Commission to exert pressure on Budapest to revoke the decree and adhere to its EU obligations.
The decree, which took effect on August 21, 2024, limits access to state-funded housing for Ukrainian refugees to those from areas deemed by Hungarian authorities as war-torn. This effectively excludes other regions, including much of western Ukraine. This policy updates a previous decree from June 2023, which had already restricted state-funded housing to refugees considered “vulnerable,” including pregnant women, minors, people with disabilities, and seniors over 65.
Currently, the decree designates 13 Ukrainian oblasts as war-torn, excluding western regions. The Hungarian government is required to review and update this list monthly. Despite a recent attack on Lviv in western Ukraine on September 4, which resulted in civilian casualties, the list had not been updated by September 10.
This new policy contravenes the 2001 EU Temporary Protection Directive, which mandates EU member states to offer temporary protection to all Ukrainian refugees. It also disregards guidance from the UN High Commissioner for Human Rights (UNHCR), which does not discriminate based on the region of origin when determining the need for protection.
The Hungarian Helsinki Committee has reported that the decree has had a severe impact on about 3,000 Ukrainian refugees who do not meet the new criteria, resulting in homelessness and barriers to accessing essential social services such as healthcare and education, which require a registered address in Hungary.
Most affected individuals are ethnic Roma, women, and children, as many other refugees either have dual nationality, live with relatives, have other support systems, or can afford private accommodation. The decree allows for leniency requests from those affected, but the application period was short, closing on July 10, and the criteria for approval were unclear. Many requests for leniency have been denied, and in some cases, family members received mixed outcomes.
Hungary’s history with refugee and migrant rights has been marked by a crackdown on asylum seekers since 2015, including unlawful pushbacks and detentions. Human Rights Watch has urged the European Commission to take immediate action against Hungary for violating EU refugee laws and to provide support to those who have effectively assisted in housing refugees.
“Leaving refugees fleeing a devastating war without shelter not only breaches Hungary’s international commitments but also highlights the government’s ongoing inhumane policies towards those seeking safety,” Gall added. “The European Commission must ensure Budapest upholds its responsibilities and provides adequate protection for all Ukrainian refugees.”
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