In a notable development from October 2024, more than 40 human rights organizations, including Amnesty International and the Auschwitz-Birkenau Foundation, have collectively voiced their opposition to Polish Prime Minister Donald Tusk’s proposal to temporarily suspend the right to claim asylum. These groups have expressed their concerns in an open letter to Tusk, emphasizing that the right to asylum is enshrined under international norms, such as the 1951 Geneva Convention, EU regulations, and the Polish Constitution.
This reaction came in the wake of Tusk’s announcement that Poland plans to limit asylum rights in response to pressure at its borders due to migration primarily from Belarus, which he claims is part of a broader hybrid warfare tactic orchestrated by Belarus and Russia. This situation, according to Tusk, mirrors Finland’s earlier stance when it temporarily constrained asylum processes on its border with Russia, raising concerns over national security and sovereignty. This Finnish precedent is also not without controversy, as it elicited concerns over potential violations of human rights norms according to reports.
The European Commission, represented by spokesperson Anitta Hipper, has reaffirmed Poland’s obligations under international law and indicated its intention to communicate with Polish authorities regarding the proposed measures. However, Tusk’s stance remains firm, as evidenced by his remarks quoted in Le Monde, where he declared Poland’s refusal to adhere to any EU principles that compromise national security, underscoring his skepticism towards the EU’s New Pact on Migration and Asylum.
This proposal occurs amidst other European nations grappling with similar challenges, as evidenced by recent actions from the Netherlands and Hungary seeking opt-outs from EU asylum regulations and Germany’s temporary border controls to restrict irregular migration, a move that also drew criticism from Tusk for purportedly breaching EU laws.
The ongoing discourse encapsulates the tension between national sovereignty and international humanitarian obligations, presenting a challenging landscape for Poland and its EU counterparts navigating the complexities of migration and security.