Since 2021, a humanitarian catastrophe has emerged along the Belarusian - Polish border, placing thousands of displaced persons in perilous circumstances and unmasking the inability and unwillingness of Poland and Belarus to respond effectively to the alarming situation. A large number of Ukranian refugees, Afghan refugees, Syrian refugees, Iraqi Kurdistan refugees and other fleeing from a myriad of crises in African, Middle- Eastern and Asian countries are trapped in a dire state of uncertainty and a legal limbo, facing unprecedented circumstances that flagrantly violate their basic human rights. A mass influx of migrants, refugees and asylum seekers, including women, elderly and children, are residing in makeshift shelters in the shared border's wilderness, where they are vulnerable to inclement weather, hunger, and a lack of medical assistance for numerous days. Some of them have managed to illegally enter Poland, and those caught by the border police forces are pushed back and returned to Belarus or the borders of other neighbouring states, namely Latvia and Lithuania1.
Belarus, under the governance of President Alexander Lukashenko , has been criticised internationally for allegedly aiding in illegal migration into the European Union. The weaponization of migrants by Belarus in retaliation to the sanctions imposed by EU for its undemocratic elections in 2020 highlights the sheer ignorance of the plight of those stranded at the border. As a response, Poland had invested millions of euros in erecting a long wall along its border with Belarus to prevent mass illegal influx, heightened security and border forces, building a militarised zone that is inaccessible to medical health workers and journalists, further oppressing the voices and placing the lives of the displaced in jeopardy. These displaced people have been deceitfully made to believe for a better life in EU, prompting them to incessantly pursue this dream through very treacherous terrains. Even though Poland has been granting asylum to a number of other claimants, their erratic response to the current politicised crisis and lack of coordinated international efforts have significantly hampered any diplomatic endeavors to extend basic protection to those affected. However, notable local efforts by Grupa Granica (Border Group), an informal group that has started a social movement against the actions and inactions of Polish and Belarusian authorities, must be applauded for significantly assisting the displaced persons at the border in seeking humanitarian aid. A large number of Polish families have been providing temporary homes and assistance to those in need. Nevertheless, such fragmented efforts have to be complemented with the concentrated efforts of the international community and concerned state authorities in order to find durable solutions to this humanitarian crisis.
A report by Human Rights Watch has documented numerous instances of human rights violations by the unlawful pushbacks by Belarus and Poland2. The researchers of Human Rights Watch who had hands-on interaction with those affected reported routine push backs to the borders of Belarus by the Polish border forces. Thereafter, either the Belarusian border forces constrained their movement from entering their country or assisted them in illegally entering Poland and other neighbouring EU nations. The following verbatims highlight the abuses by Belarus and Poland and the plight of those at the border3. Hamid, a 33-year-old from Yemen, recalls after his repetitive pleas for asylum to the Polish border forces-
“I
said I want protection in Poland and that I have a legal representative. They [border
guards] refused and said, “we
will talk about it in the office.”
But instead, they [border guards]
handcuffed us, and drove
us to the wire [border].”
Abdullah, who was travelling with
three other men, recalled how the Belarusian border guards took them to
Lithuania’s border-
“They [Belarusian border guards] forced us to stand in knee-high water for approximately 40 to 60 minutes while they ridiculed us. It was freezing cold, snow everywhere. Then they told us to cross the river. We had no option. They told us, “Go or we shoot you!” My friend drowned in the river as he couldn’t swim. Another was swept down the river and disappeared, and two of us made it across but were later pushed back by Lithuanian border guards to Belarus.”
Azwer, a 22-year-old Kurdish man
from Iraq who was travelling with his 50-years old mother with a broken leg and
two younger brothers, recalls his encounter with Polish border guards-
“We
asked them for asylum and protection but they [border guards] refused. They put
us in a military vehicle and drove us for about five hours back to the border.”
The report also captures the excruciating and harrowing experiences of theft, rape, extortion and violence by the border forces4. The existing governance regime in Belarus is not a safe country for displaced persons due to the widespread violations of their basic human rights. Equally, Poland has also breached various human rights obligations under international law due to its erratic response in extending protection to the mass influx. The political stalemate between both countries regarding the ongoing crisis has also resulted in a number of reported deaths since the beginning of the crisis in 2021.
Poland and Belarus are both signatories to the 1951 Refugee Convention as well as the 1967 Protocol, and they are internationally obligated to provide protection to those seeking it. Article 32 prohibits the expulsion of a refugee or those who have entered the state border legally if it is not in accordance with due process of law. Even though the principle of non-refoulment, under Article 33 of the Refugee Convention, is extended to only mandated refugees, the letter and spirit of the principle are found in other human rights treaties as well. Poland’s unlawful pushbacks are in contradiction with the provisions of ECHR and European Union Charter of Fundamental Rights. Article 4 of the charter and article 3 of ECHR prohibit inhumane and violent treatment of the distressed during unlawful pushbacks. Article 3 of ECHR and Article 19 of the Charter prohibit the expulsion of an individual to a country where they may face a serious risk of possible torture and inhumane treatment. Article 4 of Protocol 4 of ECHR also prohibits mass expulsions of aliens. Articles 6 and 8 of EU’s Return Directives also prohibit expulsion until a return decision has been issued by the concerned authorities. Article 24 (2) of the 1992 Polish-Belarusian agreement obligates both parties to fight “illegal migration” together. Belarus’ facilitation and support of illegal movements across Poland’s border are in violation of article 24 (2).
Poland and Belarus have both
ratified ICCPR, ICESR, UNCRC, CEDAW and CAT which are human rights treaties that have provisions prohibiting the expulsion and return of individuals to a
country where they may face the risk of torture, inhumane or degrading
treatment, posing a significant threat to their right to lead a dignified life.
Both nations have to uphold their obligations under Article 2 (4) of the UN
Charter, namely the principle of non-intervention, as well as their commitments under the Friendly
Relations Declaration (1992) in overcoming the
It’s absolutely imperative to
uphold the procedural guarantees while protection is claimed by individuals,
and this must be done in accordance with due process of law. Poland and Belarus
must also pursue collective efforts by collaborating with the UNHCR and IOM to come up with
durable solutions for extending the international protection regime to those
not covered under
the conventional protection regime. The European Union ought to cease its uncritical
statements of support for Poland and instead exert pressure on the government
to promptly devise a durable solution for the individuals stranded at the
border. Both nations must respect
and safeguard the rights of those displaced, be they refugees, migrants or
asylum seekers, as the international human rights framework extends such
protection to these groups. The states must also do away with any unlawful
border legislation or rules that do not further their intentions of extending
international protection. The nations must not engage in a ‘ping pong’ approach
to combating illegal migration, Rather, they must mutually strive to end any inhumane abuses
of the displaced persons, facilitate access to humanitarian
assistance, not violate procedural guarantees for seeking legitimate
protection, hold border officials responsible for their unlawful actions, and
collectively garner the international attention needed to emphasize the plight
of those unheard and unseen between the borders of Poland and Belarus.
CONCLUSION
The unfolding humanitarian crisis at the Belarusian-Polish border is a stark reminder that protecting the rights and dignity of every person, irrespective of their nationality status, is a moral and legal responsibility that the international community must always defend. There’s a dire need for concentrated endeavors through international cooperation and collaboration to alleviate and address the tension between the sovereign nations that has further facilitated the dysfunction, i.e., secondary victimisation of the displaced persons. The concerned states in the current humanitarian crisis must mindfully maneuver their way by striking the right balance between state sovereignty and the state's commitment towards protecting human rights, especially those of non-citizens.
Reference: -
- VPRO Documentary, ‘Soldiers of the Forest’ (16 September 2023) <https://www.youtube.com/watch?v=g9ciMeKFy6I&ab_channel=vprodocumentary> accessed 27 April 2024.
Human Rights Watch, “‘Die Here or Go to Poland’: Belarus’ and Poland’s Shared Responsibility for Border Abuses” (24 November, 2022) <https://www.hrw.org/report/2021/11/24/die-here-or-go-poland/belarus-and-polands-shared-responsibility-border-ab uses> accessed 28 April 2024.
Human Rights Watch, “Violence and Pushbacks at Poland-Belarus Border: Halt Summary Returns, Ensure Accountability For Abuse” (7 June, 2022) <https://www.hrw.org/news/2022/06/07/violence-and-pushbacks-poland-belarus-border> accessed 28 April 2024.
Human Rights Watch (n 3) 11.
0 Comments