Since 2021, the Polish-Belarusian border has become the epicenter of a serious migration crisis caused by the regime of Belarusian President Alexander Lukashenko, which deliberately brought thousands of migrants, mainly from the Middle East and Africa, to Belarus. Then enabling them (often by force) to cross the border with the EU as part of the so-called "hybrid war".
In response to the crisis, Poland initiated a number of measures aimed at strengthening border control. A state of emergency was introduced in the border regions, which limited access to these areas for the media and non-governmental organizations. The Polish government has also increased the presence of border services and the army at the border, building temporary barriers and fences to stop the influx of migrants. Currently, there is a buffer zone on the border with Belarus. A ban was introduced to stay within an approximately 60-kilometer strip along the border.
One of the most controversial aspects of the activities of the Polish border services is the practice of the so-called pushbacks, i.e. forcibly returning migrants to the border without giving them the opportunity to submit an application for international protection. Human rights organizations such as Amnesty International and Human Rights Watch, as well as UN agencies, have repeatedly criticized these practices, pointing out that they violate the principle of non-refoulement, which prohibits returning people to countries where they face the risk of persecution or torture.
Pursuant to the Act of October 14, 2021 amending the Act on Foreigners and certain other acts, the commanding officer of the Border Guard post prepares a report on crossing the border and issues a decision on such foreigner leaving the territory of Poland. In addition to being ordered to leave the Republic of Poland, the foreigner will also be subject to a temporary entry ban to Poland and the Schengen Area countries.
The Regulation of March 13, 2020 on the temporary suspension or restriction of border traffic at specific crossing points allows for pushbacks, does not guarantee foreigners protection against inhuman treatment and in practice makes it impossible to submit an application for international protection. This procedure makes it impossible to verify whether persons returned to the border line actually declared their will to apply for international protection. The legal defectiveness of this regulation is the fundamental problem in the case. It is inconsistent with the Constitution , statutes and provisions of international law . It also goes beyond the authorization of the act - which violates the constitutional principles of law-making.
The migration crisis on the Polish-Belarusian border poses challenges both for Poland and the entire European Union. This requires a balanced approach that combines border security with respect for human rights and international obligations to protect refugees. It is important to remember that in the ongoing hybrid war, the weapons of war are defenseless people, including children, women, the elderly and people with disabilities.