Human Rights Watch has urged Polish lawmakers to reject a contentious bill permitting the temporary suspension of asylum rights at the border with Belarus. The European Commission is called upon to enforce EU treaties, ensuring that asylum access is upheld. “Poland, which currently holds the EU presidency, should lead by example and ensure that people fleeing war and persecution are given the opportunity to have their asylum claims individually assessed,” stated Lydia Gall, senior researcher for Europe and Central Asia at Human Rights Watch.
This proposed legislation threatens to formalise ongoing unlawful pushbacks and exposes vulnerable individuals to potential abuses in Belarus, violating nonrefoulement principles, which prevent returns to nations where they may face harm. If enacted, it would allow the Polish government to suspend asylum requests for up to 60 days, with extensions subject to parliamentary approval, potentially trapping asylum seekers in horrific conditions.
Despite exceptions for vulnerable groups, including unaccompanied children and pregnant women, concerns loom over the ability of Polish border guards to assess exemptions. Reports reveal that these officials have previously disregarded asylum requests, highlighting an inadequate protection mechanism against refoulement. Adoption of this law could ultimately seal off the Poland-Belarus border further.
The UN High Commissioner for Refugees (UNHCR) has emphasised that the obligation against nonrefoulement is paramount during all migration situations. They stressed that access to asylum procedures is critical, as it allows for proper vulnerability screenings and the legal framework is currently inadequate, raising questions about the training of border guards.
In December, the Polish Helsinki Foundation for Human Rights condemned the draft law for conflicting with the Polish Constitution and international law against collective expulsions. The Polish government claimed the bill addresses what they deem as instrumentalization of migrants by Belarus and Russia, yet Human Rights Watch asserts that unlawful pushbacks violate both EU law and the Charter of Fundamental Rights.
Research from December revealed persistent pushbacks from Poland to Belarus, where testimonies from twenty-two individuals detailed their struggles to request asylum, only to be forcibly returned. The draft bill builds on previous flawed asylum laws that facilitated further pushbacks and restricted independent access to border areas.
The European Commission has not adequately responded to these unlawful practices. Human Rights Watch contends that instead of endorsing rights abuses, the Commission must assert its authority to initiate legal actions against Poland if this asylum-suspension law is approved. “Claims of instrumentalized migration don’t absolve Poland and EU institutions of their human rights obligations,” warned Gall. “Brussels should call on Warsaw to immediately scrap the bill and halt pushbacks.”
Human Rights Watch urges the rejection of a Polish bill that would suspend asylum rights at the border with Belarus, arguing it will formalise unlawful pushbacks and harm vulnerable individuals. The UNHCR and Polish Helsinki Foundation for Human Rights highlight the bill’s conflicts with international obligations. Continuous pushbacks documented show the ongoing violations of human rights and emphasize the need for urgent action from the European Commission against such legislation.
The proposed bill to suspend asylum rights at Poland’s border represents a dangerous regression in human rights compliance. It threatens vulnerable individuals and conflicts with both international law and EU obligations. The ongoing situation calls for immediate action from both Poland and the European Commission to uphold the rights of asylum seekers and prevent further abuses at the border.
Original Source: www.hrw.org
