Poland is grappling with significant changes to its asylum laws amid rising tensions related to migration, particularly from neighboring Belarus. Prime Minister Donald Tusk has stated the country is under threat, not only from Russia's war in Ukraine but also from orchestrated migration efforts by authoritarian regimes like Russia and Belarus. Tusk remarked, "We are dealing with a new form of migration where authoritarian regimes are organizing human smuggling on a large scale," highlighting his concerns over the situation at the Polish-Belarusian border.
The escalation began back in 2021, with attempts to cross the 418-kilometer Polish-Belarusian border surging suddenly. People from the Middle East, Asia, and Africa were reportedly entering Belarus on tourist visas only to be transported directly to the Polish border. Warsaw has since fortified its border with barbed wire, yet many migrants continue to attempt entry.
Director Agnieszka Holland's 2023 film "Green Border" vividly depicts the dire conditions migrants face on Poland's borders. Critics have rebuked Polish border guards for allegedly denying entry to individuals seeking asylum, with courts upholding accusations of illegal pushbacks at the border.
To address these issues, Tusk is advocating for changes to Polish asylum laws, particularly through amendments passed on February 21 by the Sejm, Poland's lower house of parliament. This bill would allow the temporary suspension of the right to claim asylum if migration is deemed to represent “a serious and real threat to the security of the state or society.” The suspension could last up to 60 days and could be extended with parliamentary approval.
While minorities, pregnant women, the elderly, and the sick are exempt from these measures, critics fear such changes could lead to increased human rights violations. Deputy Interior Minister Maciej Duszczyk claimed, “We are only talking about suspending the rights of migrants,” asserting the priority of citizens' rights over those of migrants. He expressed confidence, stating, “I don’t believe ‘that a border guard who sees a mother with a child would refuse them entry to Poland. Such situations could simply not happen.’”
Responding to these remarks, the Association for Legal Intervention issued a statement asserting the dangers faced by migrants at the border, citing past instances of denied entry. They stressed, “The situation does not justify such radical steps and violations of fundamental human rights,” as last year only 2,700 international protection applications were recorded.
Human rights lawyer Hanna Machinska warned of serious legal repercussions, asserting the amendments would breach the European Convention on Human Rights and Poland's Constitution, jeopardizing Poland’s standing should cases reach the European Court of Human Rights.
With upcoming presidential elections looming, this issue is becoming increasingly polarized. Candidates like Rafal Trzaskowski, aligned with Tusk’s Civic Platform party, are adopting hardline stances on immigration. Trzaskowski has been vocal about resisting external pressures on Poland, particularly related to the EU's new migration pact. Conversely, Karol Nawrocki, backed by the national-conservative Law and Justice party, has also condemned the EU’s migration plans, framing them as threats to national security.
Public sentiment appears to reflect such political maneuvering. Recent polling shows around 75% of Poles believe the country should not accept more migrants, with 5% remaining undecided. If the Senate passes the latest asylum law amendments, they are likely to take effect shortly, potentially as migration patterns shift again with the warming spring.
Despite vocal opposition from human rights advocates and warnings of violations against international law, the Polish government continues to pursue measures they deem necessary for national security. This has led to fear and contention surrounding the efficacy and morality of Poland's response to the growing challenges at its borders.
What remains clear is the urgent need for Poland to navigate these turbulent waters effectively, balancing national security concerns with the protection of human rights, particularly as the nation prepares to face intensified migration pressures. The outcome of these policies and their impact on the vulnerable could shape not only the political climate of Poland but its moral standing within the European community as well.