Amnesty International has raised strong objections to recent Polish legislation that suspends the processing of asylum claims for migrants crossing into Poland from Belarus. This law, according to the organization, may lead to the forced return of asylum seekers, contravening international law. Amnesty contends that the legislation enables border guards to dismiss asylum applications without adequate consideration of individual circumstances, effectively undermining the principle of non-refoulement.
The UN High Commissioner for Refugees (UNHCR) had previously expressed concerns regarding the legislation, worrying that it could result in the denial of access to territory without a thorough examination of protection needs, which would be inconsistent with obligations under the 1951 Refugee Convention. This principle is crucial as it prohibits the return of refugees to places where they could face persecution.
Amnesty further emphasized that the legislation violates Article 56 of the Poland Constitution, which enshrines the right to seek asylum. Additionally, they highlighted the violation of Article 31 of the constitution that allows limits on freedoms and rights only when necessary for protecting security, public order, health, or public morals, providing these limits do not violate the essence of these rights.
Concerns about the constitutionality of the legislation were echoed by other public institutions within Poland. Amnesty has urged the Polish government to repeal these measures and discontinue any unlawful border practices like pushbacks and collective expulsions. Furthermore, they called on the European Commission to scrutinize Poland’s compliance with EU law and potentially initiate infringement proceedings against it for enduring contraventions of refugee rights. More details on this issue can be found in a report by Amnesty International and in an article by JURIST.