The lower house of the Parliament of Poland, known as Sejm, has approved a bill that would authorize border guards, along with the Police and Armed Forces, to use firearms against migrants attempting to cross the Belarusian border illegally. This bill, passed on July 12, is still awaiting approval from the Senate.
The Homeland Defence Act allows the use of firearms in diverse situations, which include attacks on an officer’s life or health, direct assaults on the state border’s inviolability, preventive self-defense, and refusal to drop weapons when ordered by officers. The term “officer” encompasses army soldiers, police officers, and border guards.
According to Poland’s Ministry of Defence, the bill aims to address the country’s ongoing migration crisis. This proposed measure, however, has raised significant human rights concerns among local and international activists and NGOs.
The Helsinki Foundation for Human Rights (HFHR) has urged the Senate to amend provisions of the bill to comply with Poland’s national constitution and the European Convention for the Protection of Human Rights (ECHR). HFHR emphasized that ignoring principles of direct coercion risks endangering vulnerable individuals such as children and pregnant women. They argued that such measures would effectively provide a “license to kill” to the country’s armed forces.
Amnesty International has also criticized the bill, stating that it sets a dangerous precedent for firearm use regulations in Poland. Their Deputy Regional Director for Europe highlighted that force should only be used when strictly necessary and proportionate to the threat posed. The bill’s allowance for firearm use, beyond imminent threats to life or serious injury, could contravene international law and standards.
Michael O’Flaherty, Council of Europe Commissioner for Human Rights, has echoed these concerns in a letter to the Marshal of the Senate. He pointed out that the bill provides a “disincentive” legal framework that could deter compliance with the rule of proportionality regarding firearms use. Further, he mentioned that excluding border guards from liability could foster a lack of accountability and undermine the commitment to human rights obligations.
The context for this controversial bill lies in Poland’s escalating migration crisis, particularly since 2021. The Polish government had already initiated the “Shield East” program to fortify its eastern border. These measures intensified following the death of a Polish border guard.