Over 40 human rights groups have warned Poland's Prime Minister Donald Tusk against implementing his plan to temporarily suspend the right to claim asylum. Among the groups are Amnesty International, several asylum law organizations, and the Auschwitz-Birkenau Foundation. In an open letter on Oct. 14, the organizations stressed that the fundamental right to asylum is binding on Poland under international law, as the country has ratified the Geneva Convention, and under EU law as provided by Article 18 of the Charter of Fundamental Rights. Additionally, Article 56 of the Polish Constitution enshrines the right to asylum. Acknowledging that "[w]e live in difficult times of war and conflicts breaking out all over the world," the statement nonetheless asserted that fundamental rights, as the core values of Europe, are not subject to discussion or restriction.

Tusk justified this move on X (formerly Twitter) as necessary in light of Belarus' mass transfers of migrants across the border, which he called an act of "hybrid warfare" to threaten Polish national security. According to Tusk, his proposal has precedent by a Finnish law earlier this year, which temporarily blocked asylum seekers entering from Russia. The measure would, however, not apply to refugees fleeing Ukraine.

A response from the European Commission was delivered by spokesperson Anitta Hipper, who also reminded Poland of its obligations under international law. She stated at a press conference that the commission would "stay in touch" with Poland over the measures. The commission refrained from pointing toward the EU's recently adopted New Pact on Migration & Asylum, which contains an explicit instrument for situations of "instrumentalization" of migrants for poitical pressure, the Crisis & Force Majeure Regulation. Tusk was quoted by Le Monde as stating: "We are not going to respect or apply any European idea that… hinders our security. I’m thinking here of the EU migration pact."

Poland's proposal comes after the Netherlands and Hungary requested to opt out from EU asylum regulations under the New Pact, and Germany introduced temporary border controls to limit irregular migration, which Tusk had criticized as a breach of EU law.

From Jurist, Oct. 16. Used with permission.

See our last report on the Poland-Belarus border crisis.