How did we get here?
Recently in the media, among another things, pages, a heated debate on possible ways out of the humanitarian crisis on the Polish-Belarusian border. erstwhile talking about possible solutions, it is worth considering the factors that have led to the very complicated situation in which we are in.
So let's recap. The humanitarian crisis on the Polish-Belarusian border began in the summertime of 2021. There is no dispute as to the fact that the organiser of this migration way is the Belarusian regime. However, the Polish Border defender applied pushback practice to the dispute from the beginning.
Pushbacks trust on border guards, frequently ignoring attempts by migrant asylum seekers, to keep them in the woods of Podlasie and exports back to the border with Belarus. This is without initiating the procedures provided for in law that meet global standards. Initially, pushbacks were made without any legal basis. In time, this practice was "legalised", first by regulation and later by law.
In the erstwhile sentence, I deliberately utilized quotes due to the fact that these fresh acts, issued after the crisis began, and the practice of applying them, are incompatible with the binding EU and global law of Poland. For the determination of the illegality of pushbacks carried out on the border in the light of these global regulations or crossing the border beyond the authoritative border crossing, nor the organisation of this migration way by the Belarusian government are relevant. In the light of EU and global law, immediate expulsion of a foreigner from the territory – without examining whether specified expulsion involves danger – is prohibited.
The context of the conflict with the right of Polish services to respond to increased migration across the green border should not be overlooked in the debates on this subject. Polish courts have already issued many judgments confirmatory Pushbacks' conflict with the law. These judgments have not yet been executed.
This practice of borderers led to people crossing the green border, whether they could be qualified as refugees or not, choosing to hide in forests alternatively of revealing themselves to Polish services and seeking asylum in Poland. They are aware that specified disclosure will almost surely end with pushback and, at best, a multi-month stay in a safe facility.
This clearly leads to the improvement of smuggling networks across the border. The intent of migrants is to pass the border unnoticed and to scope the West without entering any contact with Polish services. It is besides clear that this situation involves migrants from significant dangers. Many of them decide to hide in the forest for weeks, frequently experiencing pushbacks.
This is what activists and activists carry to aid people across the border. It is worth noting that this aid is being implemented in counter to state services. It gives emergence to the assumption, otherwise right, that it is improbable that Polish services will treat migrants in a way ensuring their rights. Trust in the state and the law has been broken.
Change Window
There has been a fresh hope of ending the crisis. As a consequence of fresh elections, Members and Members active in responding to the border crisis entered Parliament. There are announcements of dialog with NGOs which have already been developed solutions, requiring only political attention. There was besides a demand. strengthening Office of the Ombudsman, who besides contests pushback practice.
At the same time, there are signs of the increasing enthusiasm of supporters immediate pushback interruption. Although the election run was mostly about migration (with a broad reproduction harmful stereotypes and creating an atmosphere of fear), in a coalition agreement signed by the winning groups, the issue of migration did not scope a single point. There is besides no concrete thought at the end of the crisis. In the media, including the party-friendly fresh parliamentary majority, there are texts that propose that the cessation of pushbacks is Impossibleor not quite. reasonable.
I personally believe that the most serious obstacle to resolving this crisis in line with global standards may prove to be consent from the European Commission to break EU law. This consent, which concerns not only Poland, undoubtedly contributes to the situation in which almost all external border of the European Union is applied today, with the silent approval of Brussels.
The deficiency of force from Brussels on this aspect of the "restore of the regulation of law" in Poland can effectively crush the political will for a humanitarian solution to the crisis. specified a hazard exists all the more so that a sensible solution would require deeper reflection, change of the paradigm and, inevitably, the engagement of crucial resources. However, I say that specified a solution is possible, and its first component should be the immediate elimination from Polish law (and practice of state services) of the pushback procedure.
First, halt pushingbacks
In the complicated situation we are in, it is not adequate to decriminize humanitarian aid to remedy the crisis. Similarly, the extension of the already existing dam at the border cannot be considered a satisfactory solution.
Humanitarian aid at the border is provided to people who effort to avoid pushback hide in the woods. Although it is not formally prohibited to aid them, activists and activists operating in the border face frequent instances of obstruction of their activities and even attempts to bring them to justice. The cessation of these practices, however, without stopping pushbacks, can facilitate the transportation of assistance, but will not destruct the request felt by migrants to hide from Polish services.
And if people are inactive hiding in the woods, they request help. In addition, in a situation where border guards will proceed to enforce pushbacks consistently, the provision of assistance will in rule stay in the context of borderline activities. It is hard to imagine a situation in which activists, after giving aid to a person, then notify border guards, knowing that they will immediately push people abroad.
So as long as the pushbacks are the axis of the Polish state's consequence to migration across the green border, there will be no assurance in the border guards, both from migrants and those providing help. Let us besides remind that those who request the cessation of pushbacks gotta do so. legal arguments. I see no reason why we should request that you respect the law they have established only in any areas of the state's functioning and turn a blind eye to the mass violation of that law at the border.
For akin reasons, it seems unjustified to trust on the border dam, even if it was reinforced and importantly hindered by the vast majority of migrants entering Poland. The existence of the dam does not release the Polish state from work for at least any people on its east side.
The dam is located in the territory of Poland – it runs from respective twelve centimeters to a fewer meters from the border line. The Polish State is obliged to comply with the applicable law throughout its territory. The European Court of Human Rights categorically opposes the unilateral "destination" by the States of cuts of its territory, where guarantees for migrants are refused. This means that Poland has an work to accept asylum applications and to initiate appropriate procedures besides for those who signal specified a desire, located on the east side of the barrier, in the immediate vicinity of it. specified an work exists even more in relation to persons located between a dam built in the immediate vicinity of the border and resulting from late a second line of wire further in the depths of territory.
Of course, it would not be impossible to require those who do not show that their lives, wellness or freedom are at hazard if they return. However, any individual crossing the green border must be able to apply for global protection in Poland and submit arguments against deportation. It should besides have a warrant that these arguments will be carefully considered.
Ways of exit
Averting the crisis will neither be easy nor will happen overnight. It will require the cessation of pushbacks, the improvement of exile and deportation procedures and, most likely, strengthening and restoring assurance in border guards.
At present, migrants are hiding from borderers, knowing that an effort to apply for protection will almost surely be pointless, and at best (if the asylum procedure were initiated) will be sent to a safe centre for foreigners, where they will be waiting for the result of the procedure and, in case of a negative decision, to deportation. So it is hard to wonder that migrant people are hiding in the woods, hoping that they will unwittingly enter the West.
The first step to exiting the crisis should so be to end erstwhile and for all the pushback practice. All migrants and aided activists and activists should be certain that no 1 will be immediately transported to Belarus or deported to the country of origin without appropriate global law protecting refugees. All those who want to apply for global protection in Poland should be able to do so.
Just due to the fact that we will let asylum applications does not mean that all applicants will stay in Poland. Those who truly cannot return safely to their countries will stay here. There is no barrier to denying protection to those who do not request specified protection. However, everyone should be able to put forward arguments for protection, and the applicable authorities should conduct their proceedings in a fair and safe manner, guaranteeing that no 1 will be found in a territory which is dangerous to him.
In the event of the elimination of pushbacks, it will besides be appropriate to strengthen the border defender – so that anyone who crosses the green border is identified and subject to appropriate procedures. Let us stress erstwhile again: procedures that respect all global standards and guarantee that no 1 is sent to the territory dangerous to him.
Similarly, there are no obstacles to the anticipation of people who are likely to escape being placed in safety facilities, with the practice of placing foreigners in these centres and the conditions in them besides having to be adapted to global standards, since there are very serious practices to this extent. reservations. Placing in a protected centre should be treated as an exception to the rule, not as a rule.
At the same time, exile and return procedures request to be streamlined and take a much shorter period than today. This would let the effective granting of protection to those who request it, and the work to return those who can safely return to their countries of origin. In the long term, the inevitability and velocity of deportation would discourage Belarus' usage of the migration way for people who are not facing dangers in their countries. If the individual situation of migrants were to be decently assessed in these procedures, these procedures would not rise objections from the point of view of human rights.
However, it is worth remembering that deportations, even those respecting European law, will in themselves not solve the problem of irregular migration. Until the global community actively and effectively tackles causes of this phenomenonAs long as deportations are only a temporary solution. Nor can they be considered as an alternate to a thoughtful integration policy. We should get utilized to the fact that immigration, including from countries far from Europe, is our future.
Discontinuation of pushbacks and efficient and internationally compliant exile and return procedures would reconstruct assurance in applicable services. However, the step essential to take in this situation is to immediately destruct pushbacks from Polish law and practice. Without this element, migrants will proceed to camp in the woods in the hope of getting to Germany, and one more time the public will be informed about the bodies found at the border. Activists and activists will proceed to supply assistance in contra-tion to and in hiding from borderers, and the Polish government will proceed to face allegations of violations of global law.
Contrary to any opinions, global law is not an obstacle to responding effectively to the challenges of irregular migration today. On the contrary, it is the foundation on which to build an effective and at the same time humane consequence to these challenges.
**
Maciej Grześkowiak – lawyer, PhD student at the Department of Human Rights of the Faculty of Law and Administration of the University of Warsaw. Head of three-year investigation task on gaps in the global exile protection system, financed by the National discipline Centre. He has been researching refugees in Europe, as well as the mediate East and Africa. Since 2022, Chief Coordinator for strategical Cooperation at the Office of the Ombudsman. He previously collaborated with the Helsinki Foundation for Human Rights and with the Polish Centre for global Aid. The text contains only private opinions of the author.
