On Tuesday 4 February, a public proceeding was held at the Committee on Administration and Home Affairs concerning the government project. Act suspending the right to apply for global protection. The thought of suspending the right to protection, commonly called asylum, is part of the implementation of the government's migration strategy. Adoption of the draft strategy without any consultation met with outrage and the social side organized her own hearing. Now the order has been preserved, the consultation took place before the vote.
Baby barrel
During the Tuesday hearing, opinions, apart from 1 – Ordo Iuris – were not favorable. Doctors Without Borders Showed a study describing how force at the border increased since exports have been applied and a delicate border area has been covered by a buffer region to which there is no, but for, access. The report, which was based on 2 years of organisation's activity on the Polish-Belarusian border, says that the number of cases of intentional force doubled in 2024 compared to 2023. Half of the patients of doctors without Borders suffered physical injuries, and most suffered a intellectual crisis.
Amnesty global noted that the law is being changed to a group of only about 5 1000 people who have applied for asylum alternatively than from Belarus and Russia (those countries do not include asylum suspension). In total, 17 1000 asylum applications were lodged on the Polish-Belarusian border, 2,700 were accepted.
These are the 5 1000 people who have no 1 to stand up for, the state wants to usage to limit human rights, undermine the Geneva Convention, the Convention on the Rights of the kid and the Constitution. "The real threat to safety is the government's human rights policy that protects us all," said Alexander Stachurski of Amnesty International.
Matthew Luft of the Catholic Intelligence Club spoke in turn of the illusory data utilized by border guards. The 110 000 cases of border violation noted by her must be divided by 5 or 10, due to the fact that the same individual can be bushbacked even respective times, which means that the data is blown, and this is the consequence of the SG's actions.
Lomasa Toko Fidele, who gave his evidence at the time of the hearing, said he had been pushed to Belarus over 20 times. Fidele “bad” was born, of mixed Rwandan-Congian parents, so he had to flee. “On the border, I saw a kid who died due to the fact that they did not receive help. I saw Belarusian soldiers waiting for women to have sex in exchange for showing us where we could cross the border. I saw smugglers extorting thousands of euros from migrants. In Belarus, I was pummeled and bitten by a dog and beaten respective times on both Polish and Belarusian sides," he said.
Organisations dealing with the rights of the child, including the Ombudsman for the Rights of the Child, stressed that the task was contrary to the rights of the child, and that separation as a susceptible group only for unaccompanied children would consequence in the separation of families, leaving the kid alone, in the hope of being granted protection. Karolina Czerwińska of the Save the Children Foundation recalled that the Nadbużan branch of SG in 2024 at the authoritative pass in Terespol was pushing back 1590 people of which 1/3 were children. The practice so shows that the SG to the situation of children is not peculiarly sensitive.
A typical of the Helsinki Foundation for Human Rights bitterly stated that "it is hard to appeal for respect for human rights, but we want to appeal for respect for the regulation of law and the Constitution." And the draft assumes the full arbitraryity of a decision taken by an SG officer, from which he does not gotta explain himself, which cannot be verified, which cannot be appealed in any way, which clearly compromises the regulation of law, the primary rule of which is simply a law to which can be appeal.
HFPC in an opinion to the talker of the Sejm states that the proposed solution, aimed at withdrawing any procedures for persons crossing the border in an unregulated manner, deprives the State of legal instruments to manage migration. The legal analysis that the foundation has carried out indicates that the proposed government is incompatible with the Constitution, with EU law now in force, but besides with that which is enshrined in the pending Migration and Asylum Pact.
Similarly, it argued Legal Intervention Association: Poland has been violating global protection and relocation government for years, and all time it receives a red card from the European Court of Human Rights, which in 2022 ruled on Lithuania that the argument for instrumentalisation of migration is insufficient to legislate against EU treaties.
Legal expertise National Chamber of Legal Advisers and Chief Bar Council They don't leave a dry thread on the project. Filip Rakoczy of the National Chamber of Legal Advisors stated that the bill as it stands is not acceptable even after the amendments, which is the opinion of KIRP and NRA, or respective tens of thousands of lawyers. They compose about the "distorting contradiction" of the proposed provisions with national and global law. No country goes as far as limiting rights as Poland with the proposal to refuse global protection and to give unlimited power to the services.
Critics of the bill besides agree that neither militarization of the zone, nor pushbacks, nor building a wall, nor strengthening it by transverse beams, have an impact on migration. The demolition of the law by unduly taking the right to apply for asylum will not close this migration way either. Agnieszka Kosowicz from the Polish Migration Forum said that giving up procedures does not mean that these people will not, they will just have an unregulated status. In addition, criminalization of migration leads to an increase in racist sentiments and behaviours, to beating, to self-righteousness, to bad trampling not only at the border by the service, but across the country.
Minister Duszczyk believes
Minister Maciej Duszczyk of the Ministry of abroad Affairs, who supported the voice after the speeches of representatives of more than 40 organizations, recalled that all key papers that the social side believes will be violated, contain the anticipation of excluding regulations in certain situations, and the instrumentisation of migration is the situation. He showed a illustration illustrating the fact that the Belarusian government instrumentalises migration, can hide migrants, and then, for example, after the elections, again set them to the border.
He was outraged at the examples of household separation, mistreatment of women or children by border officials. "I don't believe it. I want to make this very clear in front of Members and Members. I do not believe that any border guard, erstwhile he saw a child, would see a parent with a child, would refuse to enter Poland. It's just that these situations can't happen. I'm talking to border guards, and we know that from my side, from Minister Siemoniak, from Minister Mroczek, who straight supervises border guards, there is no authorisation for this kind of behavior. And it is apparent that it cannot be, due to the fact that the state cannot function in this way. due to the fact that it is simply a breach of the fundamental principle, not only of the legal, but of the ethical, moral, any another principle" – he said, with which he induced a natural reaction.
Any individual who was on the border had a chance to see the officers' behaviour up close, and he knows perfectly well that neither mothers nor children are specially moved by them.
The Borders Group recalls that in 2023 the SG moved at least 120 people to Belarus who belonged to susceptible groups: children, pregnant persons, unaccompanied minors, aged and sick. There are known cases of pushbacks consecutive from infirmary beds, dragging out the fences of unconscious people.
However, during the proceeding on Tuesday there was no time for discussions, so Minister Duszczyk's religion in the morale of the service could stay almost intact.
“We besides have an emergency. We have a war over 1 border and we have a government that works with another government to destabilize us. It is not a coincidence that these people go to this border" – Minister Duszczyk further argued.
And of course no 1 can deny it. What the social side emphasizes is the disproportionate consequence of the government. Restrictions on the freedoms and rights enshrined in the Constitution can be established by law, by introducing an emergency state, alternatively than by a regulation, as is now being designed.
In addition, the proceeding raised the issue of the ineffectiveness of the forced solutions. In view of the comparatively tiny number of people crossing the green border, limiting the right to global protection will let for more money for smugglers and human traffickers – all data shows that neither militarisation nor barrier nor pushbacks discourage people who effort to save their lives. And most of those who effort to cross that border are people from unstable countries where conflict, war, and genocide continue. These are the citizens of Somalia, Eritrea, Sudan, Yemen – to which people cannot be sent back under the inactive applicable law, due to the fact that this threatens their safety.
The proposed solution, according to experts, actually reduces the level of security, due to the fact that the state will not know who actually crosses the border, but at the same time undermines the legal order and sets Poland in conflict with European law, exposes it to paying penalties and paying advanced compensation.
Border guards are sorry.
I asked the SG representatives present at the proceeding about the reflections. They replied that they were sorry that the speeches were so one-sided and undermined the competence of the services. “We worked together with these organisations once,” they said. Critics have taken personal, not knowing that the proceeding does not simply concern the assessment of their actions, but the created law, which from the decision of the SG taken in the forest, under the fence, in the atmosphere of pursuit, in 5 minutes, does not give the chance to appeal, to file a complaint. That the situation of each individual must be considered separately, according to procedures, alternatively than based on the officer's first glance. The decision on the life and death of persons crossing the SG border is to be taken arbitrarily and the SG itself should defend itself against it.
The rotation in the SG is huge. An institution that enjoyed trust a fewer years ago, now lower requirements and raises wages. You can't even have a mediate education, just a short training. The plague is alcoholism, weapon abuse problems, intellectual crises. Already the June soldiers serving on the Polish-Belarusian border committed suicide.
Now the task will be handled by the Sejm. erstwhile the proceeding continued in committee, Prime Minister Tusk and Minister Siemoniak announced that Poland would not join the migration pact. "We will not accept migrants and there will be no relocation," said Siemoniak, Donald Tusk added that this is simply a definitive decision and "there is nothing to do with this policy." However, the declaration that politicians will not back distant from the law is in fact strictly political. The political motion will besides be to throw into the basket opinions and recommendations of legal and expert organizations, the same ones that supported the state in crises, the same ones that allowed democracy in Poland to last 2 terms of the regulation of the United Right.
