POLAND: New report highlights abuse against people trying to cross Poland-Belarus border ― Three month extension for border ‘exclusion zone’ ― Controversial asylum law approved ― Government restates opposition to EU Migration Pact despite legal threa…

• A new NGO report has revealed a disturbing pattern of abuse and violence against people on the move at the Poland-Belarus border.
• Poland has extended the duration of the exclusion zone on its border with Belarus by 90 days.
• The Senate has approved a draft law that would allow the temporary suspension of asylum.
• The government has restated its opposition to implementing the EU Pact on Migration and Asylum despite a threat of legal action.

A new report has detailed various forms of abuse faced by people on the move at the Poland-Belarus border. According to the report by Oxfam and the Polish NGO Egala, Polish authorities have adopted a policy of pushbacks that denies people the right to asylum without assessment of their asylum claims or conducting formal deportation procedures. The pushbacks, which are often physically violent, also endanger the lives of people attempting to cross the border by leaving them without water, food or healthcare. The report also found that people on the move are subjected to “uncontrolled” violence, including sexual abuse, detention, deprivation of food and water, theft of belongings and threats with firearms by uniformed personnel on the Belarusian side of the border. Belarusian border guard officers are also accused of using “deliberate and creative cruelty”, including games aimed at hurting people who are unable to cross the border or who are pushed back.

Poland has extended the duration of the ‘exclusion zone’ on its border with Belarus. The current iteration of the exclusion zone, which is located along a 60 kilometre stretch of the border, was introduced by the government in June 2024 and has since been extended twice (September and December). The latest extension came into effect on 10 March for an additional 90 days. Polish authorities have claimed that the measure is “working” because there has been a 46% decrease in the number of irregular crossings of the Poland-Belarus border since its introduction. They have also argued that the exclusion zone ensures the safety of border guard officers as the area is densely-forested and marshy, rendering search operations difficult. However, critics, including humanitarian NGOs, have countered that it has prevented people in need from receiving humanitarian assistance, including water, food and medical care, and legal support.

On 13 March, the Senate approved a draft law that would allow the government to temporarily restrict asylum rights in response to what is frequently described as the “instrumentalisation” of migration by Belarus and Russia. This vote followed an overwhelming approval of the draft law by members of the Sejm (lower house of parliament) on 21 February. Despite the strong support from MPs, the new law has faced significant opposition from civil society. On 17 March, a coalition of 29 Polish NGOs, led by ECRE member organisation the Ocalenie Foundation, appealed to President Andrzej Duda to veto it. ECRE member organisation the Helsinki Foundation for Human Rights condemned it as unlawful for contradicting both Polish law as well as international agreements. This sentiment was echoed by Maciej Grześkowiak from the University of Warsaw’s Centre for Human Rights who described it as a “new low” in an op-ed published by EUobserver. Elsewhere, ECRE member organisation PRO ASYL described the law as a “dangerous development for the rule of law in Europe” that would worsen the situation for people seeking protection while Sarah Redd from Oxfam said that Poland had “abandoned its commitments to rule of law and protecting people fleeing war and persecution” and “replaced EU law with razor wire, torture and violence”. Redd urged the EU and European countries to “invest in an asylum system that actually works and allows people to rebuild their lives”, adding: “This is not about politics – it’s about what is right”.

The Polish government has yet again stated its opposition to implementing the EU Pact on Migration on Asylum. During a press conference that followed the meeting of the Justice and Home Affairs Council on 5 March, Minister of Internal Affairs and Administration Tomasz Siemoniak said that the implementation of the EU Migration Pact “was not possible”. European Commissioner for Home Affairs Magnus Brunner, who was standing next to Siemoniak at the time, did not respond directly to the comment, which closely reflected remarks that Prime Minister Donald Tusk has made on a number of occasions. However, on 10 March, a European Commission spokesperson clarified that legal action would be taken against countries that failed to comply with the Pact. “If a member state risks delaying or even undermining the implementation of the Pact, the Commission will need to take the necessary measures”, the spokesperson said. Despite this warning, Siemoniak restated his earlier position on 17 March. “Our consent to this will not be given,” he told Euronews.

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