Poland has temporarily suspended the right to asylum for migrants crossing from Belarus, following the approval of a new law by President Andrzej Duda. The move has raised significant debate, with critics questioning its impact on international obligations.
Prime Minister Donald Tusk has defended the decision, citing national security concerns amid rising illegal border crossings. BBC reports that the law, which allows authorities to halt asylum applications for up to 60 days, is being closely scrutinized by human rights groups.
New law and its provisions
The newly implemented law permits Polish authorities to halt asylum applications for up to 60 days. While the government claims it will apply only to individuals deemed a security threat, such as large groups of migrants attempting to cross the border aggressively, certain groups will be exempt.
Vulnerable populations such as unaccompanied minors, pregnant women, the elderly, and individuals at risk of serious harm will still be granted asylum opportunities.
Human rights concerns and international criticism
The decision has sparked significant backlash from human rights organizations. Groups such as Human Rights Watch have argued that the law
“flies in the face of Poland’s international and EU obligations” and could
Effectively completely seal off the Poland-Belarus border, where Polish authorities already engage in unlawful and abusive pushbacks.
They suggest that the policy could further isolate the border and exacerbate the dangerous conditions migrants face, with reports of unlawful pushbacks already occurring in the area.
Government justification and Tusk’s defense
Prime Minister Donald Tusk defended the law, dismissing concerns over human rights violations.
Nobody is talking about violating human rights, the right to asylum, we are talking about not granting applications to people who illegally cross the border in groups organised by Lukashenko – he stated in October.
Tusk emphasized that the law was targeted at migrants who cross the border illegally, with the aim of safeguarding national security.
The suspension comes amid a dramatic rise in illegal border crossings from Belarus, with thousands of migrants entering Poland, Lithuania, Latvia, and Finland since 2021. Poland has deployed thousands of troops and built a substantial steel fence along its border with Belarus to manage the influx.
Tragic incidents, including the deaths of more than 100 people, have been reported as migrants have faced harsh conditions while stranded at the border.
Broader geopolitical implications
The EU has accused Belarus and Russia of “weaponizing” migration to destabilize the bloc, with many experts viewing this as a new route for migrants seeking to enter Europe.
Poland’s new law highlights the ongoing tension between national security concerns and the protection of human rights within the context of EU obligations.
Since 2021, Poland has faced a significant increase in illegal border crossings, prompting the country to take action.
Thousands of soldiers and border guards have been deployed, and a 5.5-meter-high steel fence has been built along 186 km of the border with Belarus. The government has justified these measures, including the temporary asylum suspension, as necessary for national security.
