Poland: right to asylum temporarily suspended, NGOs criticize the move

Translated by Irene Cecchi

The European geopolitical landscape has undergone a significant shift following a major change in Poland's migration policy. In recent weeks, Polish President Andrzej Duda signed a law suspending for 60 days the right to seek asylum in the country. The legislation, which comes into effect immediately as confirmed by Prime Minister Donald Tusk, is a direct response to rising tensions along the border with Belarus.

This area, already under international scrutiny, has seen a growing influx of irregular migrants, making border control an increasingly urgent issue for Warsaw.

The announcement has sparked various institutional and political reactions: while the government claims this measure is a matter of national security, the domestic opposition views the law as an attack on human rights.

The aim of the new law

The situation along the Polish-Belarusian border concerns Polish authorities, who argue that the law was necessary to curb the irregular influx of migrants into the country, allegedly facilitated by Minsk. Poland believes Belarus is using migrants as a "tool of destabilization" directing them from countries like Afghanistan and Iraq toward the Polish border in order to exert pressure on EU countries.

What Does “Weaponization of Migration” Mean?

The term refers to the actions of third-party states aimed at encouraging irregular migration toward another state in order to destabilize it. This practice can turn migrants into political tools, risking dehumanizing them since they are just pressure tools and so violating their fundamental rights. For some time, Polish authorities have put at risk the rights of refugees arriving from Belarus and gathered at the border: the Belarusian government is said to have facilitated the migrants' entry into its territory and pushed them toward Poland to destabilize the European Union. Furthermore, Poland will soon face judgment from the European Court of Human Rights regarding the case of 32 Afghan asylum seekers who were stopped at the Belarusian border in 2021 after Polish authorities refused to provide humanitarian aid and then summarily sent them back.

What Does the New Law Provide?

The Polish government describes the increase in migrants as a "hybrid crisis", arguing that migration is being used as a weapon in hybrid warfare. Therefore, the government saw the introduction of this measure as vital to restore order in such an emergency situation. While the solution may appear effective, it does not guarantee international protection for migrants trying to enter Poland via Belarus and exposes them to vulnerable conditions.

The temporary suspension of asylum rights includes exemptions for pregnant women, minors, and individuals "at real risk of harm" but human rights groups have voiced concern about the fact that border guards are tasked with determining who qualifies as "vulnerable". Filip Rakoczy, lawyer and board member of Nomada (a Polish organization that supports refugees), criticized the lack of formal criteria for border guards to follow when rejecting asylum applications. He also condemned the absence of external oversight —such as human rights organizations— over border guards operating within the exclusion zone, a temporary buffer zone off-limits to journalists, aid workers and non-resident civilians, created to manage the migration crisis.

Reactions from the EU and NGOs

The European Union has expressed opposition to the law, stating that the right to asylum is one of the founding principles of the EU’s migration policy.

The new Polish measure has also met strong criticism from non-governmental organizations, which fear that suspending such a crucial right could worsen the ongoing humanitarian crisis. In a recent report, Oxfam stated: “What has already been a de facto reality at the Polish-Belarusian border over the past three years could become further institutionalized with the implementation of the new law.”

Amnesty International also voiced its opposition, claiming that the law would affect not only people crossing the border irregularly but also those presenting at official entry points: the rights of all those seeking safety are at risk. Amnesty’s Deputy Director for Europe, Dinushika Dissanayake, said the Polish plan is inconsistent with the new crisis and force majeure rules introduced as part of the EU Pact on Migration and Asylum: EU member states can use various tools to address security concerns but they remain bounded by human rights obligations, including the right to asylum as outlined in the EU Charter of Fundamental Rights.

Concerns About Irregular Migration

Some observers warn that suspending asylum applications may have socio-political repercussions, potentially increasing the number of irregular migrants in the country and fueling internal tensions. Without adequate integration policies, managing this wave of migration may worsen an already delicate situation.

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