Poland to suspend migrants' right to apply for asylum


Poland to Temporarily Halt Asylum Applications at Belarus Border

Warsaw has announced a temporary suspension of the right to apply for asylum for migrants arriving in Poland from Belarus, as confirmed by Prime Minister Donald Tusk. This measure aims to enhance border security amid ongoing concerns over irregular migration.

Legislation and Implementation

The announcement follows President Andrzej Duda’s signing of a controversial bill into law. This legislation empowers Polish authorities to suspend asylum applications for periods of up to 60 days. Prime Minister Tusk stated his government would implement the law “without delay,” while President Duda emphasized the changes as necessary to bolster the nation’s border defenses.

Criticism from Rights Organizations

However, the newly enacted law has drawn criticism from human rights organizations, including Human Rights Watch. The organization has urged the European Union to consider legal action against Poland should the suspension be put into effect. Human Rights Watch previously appealed to the Polish parliament to reject the bill, asserting it contravenes Poland’s international and EU obligations. They warned it could lead to a complete closure of the Poland-Belarus border, where alleged unlawful pushbacks by Polish authorities have already been reported.

Government Rationale and Exemptions

The Polish government has clarified that the suspension of asylum rights will be a temporary measure applied specifically to individuals deemed a threat to national security. This includes large groups of migrants attempting to forcefully cross the border. Certain categories of individuals will be exempt from the suspension, including:

  • Unaccompanied minors
  • Pregnant women
  • Elderly or infirm individuals
  • Persons at genuine risk of serious harm if returned
  • Citizens from countries accused of instrumentalizing migration, such as Belarus

Prime Minister Tusk Defends Policy

Prime Minister Tusk has dismissed the criticisms voiced by human rights groups. He stated in October that the policy is not about violating fundamental rights or the right to asylum. Instead, it focuses on denying applications from individuals illegally crossing the border in groups orchestrated by Alexander Lukashenko’s regime.

Increased Migration and Border Situation

Since 2021, Poland, along with Lithuania, Latvia, and Finland, has experienced a significant surge in irregular crossings from Belarus and Russia. In response, Polish authorities have deployed thousands of troops and border guards to patrol the border region with Belarus. A 5.5-meter-high steel barrier has been erected along 186 kilometers of the frontier. There have been instances of several thousand migrants becoming stranded at the border.

Humanitarian Concerns

Rights organizations estimate that over one hundred lives have been lost on the borders between Belarus and Poland, Lithuania, and Latvia since 2021, raising serious humanitarian concerns. EU eastern flank countries and the European Commission have accused Belarusian and Russian authorities of weaponizing migration to create a new pathway into the EU and destabilize the European bloc.


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