Mapping Statelessness in Hungary Consultant

Hardship Level (not applicable for home-based)H (no hardship)

Family Type (not applicable for home-based)

Family

Staff Member / Affiliate TypeCONS Local

Target Start Date2023-09-01

Job Posting End DateAugust 28, 2023

Terms of Reference1. Title of project: “Mapping Statelessness in Hungary”

2. Purpose of project:

To collect objective and up to date information about the dimension of statelessness in Hungary and about the situation of stateless persons and persons at risk of statelessness in Hungary, as well as good practices, gaps and challenges in addressing statelessness and ensuring that stateless persons have access to protection. Moreover, the project aims at developing concrete recommendations with a view to contribute effectively to the identification and protection of stateless persons and the prevention and reduction of statelessness in Hungary.

3. Duration and dates of the assignment:

From: as soon as possible
To: 15 December 2023

4. Location:

Home-based (remote work), with regular consultations with the Project Owner/Hiring Manager, including in person in Budapest. Occasional work from UNHCR office in Budapest office is possible, as needed.

5. Assignment and/or Mission travel:

Mission travel is possible to attend interviews and/or focus group discussions outside of Budapest.

6. Payment and schedule:

A first installment of EUR 1,000 will be paid within 15 days after receiving the detailed outline of the research, including methodology from the consultant.

The second installment of EUR 4,000 will be paid after submission of the revised draft of the report.

After satisfactory completion and submission of the final report, and proofreading its Hungarian translation, the last installment of EUR 5,000 will be paid.

7. General Background of Project or Assignment:

UNHCR has been mandated by the UN General Assembly to prevent and reduce statelessness around the world, as well as to protect the rights of stateless people. UN General Assembly resolutions 3274 (XXIV) and 31/36 designated UNHCR as the body to examine the cases of persons who claim the benefit of the 1961 Convention on the Reduction of Statelessness and to assist such persons in presenting their claims to the appropriate national authorities. In 1994, the UN General Assembly further entrusted UNHCR with a global mandate for the identification, prevention, and reduction of statelessness and for the international protection of stateless persons.3 UNHCR has recognized expertise on statelessness issues.

In November 2014, UNHCR launched a Global Campaign to End Statelessness within ten years. The strategy for the campaign is set out in a Global Action Plan (GAP), which contains a guiding framework of ten actions to be undertaken by States, with a view to ending statelessness. 2 To help achieve the goal of UNHCR’s #IBelong Campaign to End Statelessness by 2024, Action 10 of UNHCR’s GAP requires UNHCR to support States to “improve quantitative and qualitative data on stateless populations,” including, among others, to undertake targeted surveys and studies to establish the magnitude of statelessness in States and regions with known stateless populations.
Under international law, a stateless person is someone “who is not considered as a national by any state under the operation of its law”. 3 Statelessness occurs when a person falls between the cracks in the operation of different laws, failing to obtain any nationality or losing his or her only nationality. Lack of nationality makes a person legally ‘invisible,’ denying them access to basic rights and services. Addressing statelessness, including by working to avoid and reduce cases of statelessness, is an important way to protect and fulfil individuals’ human rights.In Hungary, stateless persons usually belong to one of the following two profiles: 1. former nationals of the former Soviet Union or ex-Yugoslavia, who had moved to Hungary and did not or could not confirm their nationality with the successor state; or 2. stateless persons originating mostly from the MENA region, Asia, and Africa, who are in a migratory context, and are stateless because of, inter alia, discriminative nationality laws in their country of origin. Moreover, it is expected that, in the context of the Ukraine situation, persons at risk of statelessness (including undocumented Roma) and stateless persons who previously lived in Ukraine continue fleeing to Hungary from the war, contributing to the increased urgency of addressing statelessness.
Hungary has ratified the 1954 Convention Relating to the Status of Stateless Persons (1954 Convention) and the 1961 Convention on the Reduction of Statelessness (1961 Convention). Hungary also has a statelessness determination procedure (SDP) in place since 2007. Since 2012, UNHCR has an active cooperation with the determining authority by conducting quality assurance and capacity-building. Although the existence of an SDP and of a protection status for stateless persons are good practices, several gaps remain with regard to the rights granted to recognized stateless persons and applicants for stateless status. Additionally, access to Hungarian nationality for children born in the territory of Hungary who would otherwise be stateless, and access to naturalisation by recognized stateless persons remain limited.

According to official data on statelessness, a limited number of stateless people were registered as such in Hungary. According to the 2011 census, 113 persons identified as “stateless”. Besides, there were 155 formal statelessness status recognition from July 2007 until end-2022. At the end of 2022, there were 75 stateless persons holding a valid residence permit in Hungary. In addition, there are 53 stateless refugees and 8 stateless beneficiaries of subsidiary protection holding a permanent residence in Hungary as of 1 July 2023. In the context of the Ukraine crisis, as of 31 May 2023, one stateless person was granted temporary protection.

To inform its further advocacy efforts to eradicate statelessness, UNHCR Hungary intends to carry out an updated mapping of the situation of statelessness in Hungary. In the past decade, a series of studies mapping the problems and challenges stateless persons face were carried out (in 2010, 2014, and 2016 ), and the European Network on Statelessness (ENS) Statelessness Index is updated annually since 2018, all of which resources will serve as points of departure and reference for the present mapping study. The report will seek to provide a reviewed and updated understanding of the dimension of statelessness and of situation of stateless persons in Hungary, contributing to ongoing dialogue with government officials, civil society and other relevant actors on what steps can be taken to further ensure Hungary’s compliance with international and European standards in the identification and protection of stateless persons and the prevention and reduction of statelessness.

8. Occupational Safety and Health Considerations

To view occupational safety and health considerations for specific duty stations, please visit this link: https://wwwnc.cdc.gov/travel

9. Overall Purpose and Scope of Assignment:

The study will collect and analyse qualitative and quantitative data on statelessness in Hungary, map risk of statelessness and stateless persons’ profiles, and identify their priority needs. The study will also present the updated summary of the legal framework concerning statelessness in Hungary, along with relevant case law, where applicable. The study will present a comprehensive set of operational and legal recommendations on the rights and access to services by recognized stateless persons and applicants for stateless status, and on the prevention and reduction of statelessness.

To this end, the main objectives of the study are:

a. To perform an updated mapping of statelessness in Hungary, by collecting and interpreting available information on the statistics and the profile of stateless persons and people at risk of statelessness in Hungary, including their demographic profile, location, causes of their statelessness, legal history and current legal status in Hungary.

b. To conduct an updated analysis of the legal framework relating to the identification of stateless persons, outlining developments especially in light of relevant case law, and identifying persistent gaps in this regard.

c. To analyse of the rights and services granted to applicants for stateless status and recognized stateless persons, including detailed practical insights as to how their legal status affects their access to socio-economic, civil registration, healthcare, education and other rights and services available to them.

d. To provide an updated overview to access to Hungarian nationality by children born in the territory of Hungary who would otherwise be stateless, especially relating to the challenges around birth registration as an “unknown national”, and gaps vis-à-vis the implementation of the 1961 Convention.

e. To analyse access to Hungarian nationality of recognized stateless persons in Hungary, including a detailed overview of the process from start to finish, uncovering the pitfalls that may hinder their naturalization.

f. To develop operational and legal recommendations to improve the identification, prevention, and protection of stateless and people at risk of statelessness in Hungary

The study will be based on mixed methods of research that shall include an in-depth desk research of the related legal framework as well as interviews and/or focus group discussions with (former) stateless persons. If applicable, the study will contain case studies to demonstrate the lived experience of statelessness. The consultant will support UNHCR in specifying the terms for interviewing stateless persons to gather individual stories and case studies, and will participate in the interviews and/or focus group discussions.

10. Qualification and experience required:

- Master’s degree in law, social sciences or another relevant field is required.
- Completed PhD studies in the field of law, social sciences or another relevant field is an asset.
- Minimum 5 years of relevant working and/or research experience, such as in the public administration system or with international / non-governmental organizations is highly recommended.
- Demonstrated ability and experience in conducting studies and legal research are an asset.

Skills and other competences:

- Excellent knowledge and writing skills in Hungarian and in English.
- Strong knowledge of, and keen interest in statelessness in Hungary.
- Knowledge of asylum and refugee issues.
- Good understanding of using and interpreting quantitative data in the context of social sciences.
- Commitment to human rights and an advocacy-oriented mindset.
- Self-starter willingness and ability to set up necessary meetings.
- Excellent communication, organizational, and project management skills.
- Ability to work with people of different nationalities, religions, and cultural backgrounds.

Standard Job Description

Required Languages Hungarian

,English

,

Desired Languages

,

,

Additional Qualifications

Skills

Education

Certifications

Work Experience

Other informationThis position doesn't require a functional clearance