There are many elements to the safety of the country, but I will focus here on the 3 elected: the stableness of global alliances, a coherent strategy for war and border control. At the time of the return of Putin's brutally imperialist policy, Poland's safety is an crucial issue for our full political scene. In addition, the first 2 months of Trump's presidency show rather painfully how threatened global alliances are, and consequently how inadequate the current Polish defence strategy may prove to be – as emphasized by analysts with both left-wing and national orientations (leading with Jack Bartosiak). The abrupt warming of Washington's relation with Moscow is 1 thing. Arbitrary halting of American aid to the Ukrainian army, together with excluding the function of American weapons which Ukraine bought for its own and European funds, is the second. This is hard to see differently than in terms of violent allied betrayal.
Geneva Convention: Between Law and Morality
The Polish political elite focused on this element, which is the easiest and fastest to reform, or border control. The Act, which passed in the Sejm with almost the full political spectrum, allows the Council of Ministers to recognise temporary suspension of the right to asylum. It is adequate for the head of the Ministry of abroad Affairs to make an appropriate motion and the government to accept it. The right to asylum was enshrined in the 1951 Geneva Convention in a circumstantial way – as a non-refoulement, or ban on sending people back, returning from their borders. This expression was not due to exceptional care for human rights or advanced humanitarian motivations – it was part of a hard game of interests between countries that, erstwhile signing the Geneva Convention, simply shared responsibility. In this way each country was liable for a group of visitors, and in each group there will be those who will be entitled to asylum.
The nominal intent of this law, as quoted by the rapporteur, is to “introduce legal instruments that will prevent destabilizing the situation on our east border, and at the same time at the external border of the European Union, to prevent the artificial creation of migration pressures caused by the Belarusian and Russian services." Dr Maciej Duszczyk of the UW Migration investigation Centre, speaking in the legislature on behalf of the Ministry of abroad Affairs, discussed in item examples of how another European countries are trying to reduce the influx of migrants, and outlined how Poland will enter. In his opinion, the fresh law is intended to "reduce pull-factor" for migrants, due to the fact that "the application of global law is simply a very strong attraction" (fear to think about what else we will get free of, so as not to attract individual to Poland).
However, it should be stressed that Duszczyk's speech was highly substantive: he talked about trails, methods, aggression at the border, frustration of both parties. Knowing that the opponents of the law would trust on the Geneva Convention, Melilla quoted the case: “The European Court of Human Rights clearly indicates that a associate State has the right to make a collective effort to cross the border with violence... specified persons cannot trust on the rule of non-refoulement. This is Article 33(2) of the Geneva Convention. Here the European Court of Human Rights acknowledged that a associate State could do so." The bill was written by a squad of experts, people who know the geographical, political, social and legal realities of migration. In a way, this is the most disturbing aspect of the full case. Russian-Belarusian provocations lead our migration experts to compose laws that harm our legal order, and are morally questionable.
Europe teaches Poland to turn people around
The ongoing gradual exclusion of the tools of a democratic state, opt-out from selected aspects of the Polish Constitution and EU treaties, is part of a wider process of moving distant from the legal order of post-war Europe. This is not only done by Poland – “manipulation” under asylum law, the Schengen Treaty and another acts is simply a sad norm in fresh years. Like EU agreements with 3rd countries, specified as Libya, which in practice origin the deaths of thousands of people in camps and at sea. "Although associate States proceed to keep the right to asylum, show increasing creativity and multiply barriers to asylum procedures, completely blocking entry into the state," I read in a publication International exile Law and EU asylum law: compliance and influence Paul McDonough and Tamara Tubakovic.
The Spanish Operation Frontex "Hera" consisted of intercepting migrants at sea and preventing them from seeking legal and inactive due asylum. There were dozens of specified actions, on land and at sea. Additionally, the usage of digital and locational data by Visa Information strategy is being made to identify "people suspected of wanting to illegally cross the border", even before specified an overrun occurs (International exile Law and EU asylum law, p. 156).
So why are opt-out logic, exceptions and primacy of decrees a threat to Poland and Europe? due to the fact that they are the beginning of a political community that we nominally want to stay in, more than ever. In the current situation, erstwhile global alliances are falling apart, all efforts should go in precisely the other direction: consolidating and strengthening Europe as a whole. In particular, the east flank of the EU should now act in solidarity. Solutions should be transnational and coordinated with partners. In fact, all the crucial political forces in Europe, from French conservatives (with the viral speech of Mr Vicha, Claude Malhuret, the US governed by the “buphon on ketamine”), by German social democrats, to Polish centre-right. If we want to consolidate Europe, we cannot at the same time dismantle its legal, humanitarian and solidarity foundations. Postwar peace on the continent was so lasting, due to the fact that the safety architecture was thought out in a comprehensive way. There's no 3rd exit.
Voices of Humanitarianism from the Left and the 3rd Way
The only political force that tried – along with the social side and many experts – not to let the current law to pass was the left. It is notable that after years of chanting “CON-STY-TU-CIE!” and constantly complaining about the trampling by Polish regulation of law, it is liberals and centre-rights who now vote for the suspension of constitutional freedom. Magdalena Biejat She organised a press conference on this issue with the participation of Janina Ochojska, among others. She explained that there is simply a difference between the right to apply for asylum and the granting of asylum, while Poland wants to refuse migrants themselves to make a request. It's like banning a drowning lifeline.
Unfortunately, the Zeitgeist is that this scandalous bill passed by a crushing majority of the senate, including the voices of the parties allegedly centered.
A notable voice of opposition was a speech by Senator Maciej Zywny of the 3rd Way. Alively he appealed to individual experiences – raising in the spirit of Solidarity, his scouting oath, his fire-fighting oath – to show that the suspension of the right to asylum was contrary to the values of each community in which he participated. It's very beautiful and memorable, especially in the current political climate. Poland inactive remembers a bit that it itself has a powerful diaspora and that it was Poles who utilized asylum in almost all country in the world. If a probe were to be conducted on the streets of Polish cities, asking, ‘Are you in favour of bringing children to the death of respective years in the Podlasie forest?’, most of us would most likely answer in a negative way. The suspension of the right to asylum will have a akin effect – and Senator Aliwa spoke about it erstwhile he emphasized that saving lives is simply a duty, not a fanatic or a crime.
The United States, our great, erratic hegemon, has rather effectively hidden the scale of pathology of their own anti-migration solutions. And yet, thanks to the heroic efforts of the social side and foundations specified as the RAICES of Dallas, video material has been known for years to show children locked in plastic cages, wrapped in thermal foil, sleeping on each other, hugged with cold. Children whose only responsibility is that they were born in specified a place alternatively than another places and times. Children whose parents are either dead or detained by 1 of the departments. Kindergartens and teenagers who grow into cages for months or years. Maciej Żywno and Senators and Senators of the Left spoke against this on 13 March.
It is no wonder that the political elite of Poland, who slept through the minute of extremist volt in the United States, are now desperately looking for a origin in the area of security. However, the threat to the country is not a Somali parent with a year-old child. It is not 2 colleagues from Kabul who escaped due to the fact that they worked for the Polish army before 15 August 2021. And even if an immigrant is simply a threat, the competent services should be able to recognise and prevent them by acting in accordance with the Constitution of the Republic of Poland. Managing decrees, temporary exclusion of human rights, including the most crucial – the rights of the kid – is simply a simple way of dismantling subsequent rights, freedoms and duties of the free state. specified dismantling is at the hand of east and western imperialists, for whom it is always the social side that is the enemy, and the weakest, sooner or later, land in a plastic cage.
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Kinga Dancek – an thought historian, Vice president of the School Without Borders Foundation, elder Fellow Humanity in Action.
