‘Race’ and Ethnicity

The humanitarian crisis at the Poland-Belarus border exposes serious human rights concerns, as Poland’s strict immigration policies lead to violations of international law. Asylum seekers, including 32 Afghan refugees, report repeated pushbacks by Polish authorities into Belarus, contravening EU and international asylum laws. Despite an ECtHR order for Poland to provide aid, the country has not complied, citing a “state of emergency” that restricts NGO and media access, raising concerns among rights advocates about accountability.

These policies contrast with the harsh realities faced by refugees at the border. Polish legal amendments, such as immunity for border guards using force in “urgent” situations, raise ethical and legal questions, as they conflict with the European Convention on Human Rights (ECHR). By allowing summary returns (pushbacks) without fair asylum claim assessments, Poland appears to violate UDHR Article 14 on asylum rights, as well as Article 9, which guards against arbitrary detention. Additionally, the state of emergency has limited NGO and journalist access, restricting documentation of abuses and infringing on Article 19, which guarantees freedom of information and expression.

Since 2021, at least 82 migrants have died in the border zone due to extreme weather exposure and violent encounters with border authorities. The Norwegian Refugee Council (NRC) has reported close to 20,000 requests for aid, signalling urgent resource needs as violence escalates. Particularly concerning are nearly 9,000 recorded violent pushbacks, disproportionately affecting women, minors, and other vulnerable groups. The NRC and UN have urged Poland to act, as these violations breach several articles of the Universal Declaration of Human Rights (UDHR), notably Article 3 (right to life, liberty, and security), Article 5 (freedom from torture or inhumane treatment), and Article 14 (right to seek asylum).

Reports from Amnesty International and Human Rights Watch detail shocking abuse by Polish and Belarusian border guards, including assaults, forced river crossings, document confiscations, and police dog attacks. Belarusian guards are also alleged to have extorted and committed acts of sexual violence against migrants, violating UDHR Article 12, which protects against arbitrary interference with privacy, family, and integrity. Refugees like Amina, a Syrian who endured nine pushbacks and repeated assaults, and Farid, an Afghan beaten once his nationality was found out, testify to the suffering inflicted by these actions.

The NRC, working with local partners, continues to provide legal aid and essential assistance to refugees but faces severe restrictions in the exclusion zone. UN experts report frequent harassment of aid workers, journalists, and interpreters, obstructing transparency and essential human rights documentation. The NRC has appealed to Poland, the EU, and the international community to address the worsening conditions and protect refugees in the exclusion zone.

The Polish government remains committed to a stringent immigration stance. Dominik Tarczyński of the ruling Law and Justice Party (PiS) has publicly claimed that Poland’s “zero tolerance” approach to illegal immigration has spared the country from “crimes, rape, and murder” seen in nations with open policies. He further declared that “not one Muslim” should enter Poland, defending the approach as a security measure. His statements, criticised as xenophobic, foster hostility toward asylum seekers.

This crisis has sparked widespread condemnation from Polish NGOs, the EU, and international human rights organisations, asserting that these actions foster xenophobia and undermine humanitarian principles. Observers note a stark contrast between Poland’s warm reception of Ukrainian refugees and its treatment of migrants from the Middle East and Africa. Rights advocates argue that Poland must cease criminalising humanitarian assistance and end prosecutions of those aiding refugees, in line with international law.

In response, the UN and EU, along with NGOs like Amnesty International, have called on Poland to suspend pushbacks, increase border transparency, and develop a fair asylum process. Key steps include lifting the state of emergency to allow humanitarian access, ending pushbacks to enable fair assessments of asylum claims, and safeguarding human rights defenders and journalists. Rescinding immunity provisions for excessive force would further ensure accountability for border practices that endanger refugees.

As the situation intensifies, the toll at the Poland-Belarus border is clear. The suffering of thousands, underscored by tragic deaths and a surge in requests for aid, highlights an urgent need for compassionate and accountable responses to this crisis.

Editor: Leah Russon Watkins