The United Nations High Commissioner for Refugees (UNHCR) has raised serious concerns about Poland’s proposed changes to its asylum and migration laws. The agency warns that these new measures, designed to address the migration crisis at Poland’s eastern border with Belarus, could breach international and European legal standards.

Poland’s Proposed Asylum Policy Changes

In response to a surge in irregular migration from Belarus, which Poland and the European Union (EU) attribute to deliberate actions by Belarus and Russia, the Polish government has introduced stricter border controls. One of the key proposals includes the temporary suspension of the right to claim asylum for individuals entering the country irregularly. This means that people crossing the border outside official checkpoints could be denied the ability to apply for asylum.

While these measures aim to strengthen national security and border management, they have drawn criticism from international organizations. Kevin Allen, the UNHCR’s representative in Poland, addressed the Polish parliament, stating that the proposed legislation in its current form is not in line with international and European legal obligations.

Understanding the Legal Concerns

At the core of the UNHCR’s objections is the principle of non-refoulement, which is a fundamental part of the 1951 Geneva Convention on refugees. This principle prohibits countries from sending asylum seekers back to places where they could face persecution, torture, or serious harm. Poland ratified this convention in 1991, committing to uphold the rights of refugees.

Allen emphasized that even in cases of “weaponized migration”—a term Poland and the EU use to describe Belarus’s alleged strategy of deliberately directing migrants toward the border—countries cannot ignore the non-refoulement rule. This principle applies universally and cannot be suspended due to political tensions or security concerns.

The Complexity of the Border Crisis

Since 2021, Poland has faced a growing migration challenge along its border with Belarus. Thousands of migrants, primarily from the Middle East, Africa, and Asia, have attempted to enter Poland, often with alleged assistance from Belarusian authorities. The Polish government sees this as a hybrid warfare tactic orchestrated by Belarus and Russia to destabilize the EU.

To counter this, Poland has taken a tough stance, including constructing a border wall and deploying military forces. Prime Minister Donald Tusk recently introduced a set of measures aimed at reinforcing Poland’s border security and tightening asylum regulations. These measures were finalized and approved by the government in December 2024.

Balancing Security and Human Rights

The UNHCR acknowledges Poland’s legitimate security concerns and the operational difficulties of managing its external EU borders. However, the agency warns that completely denying asylum to people crossing irregularly could put vulnerable individuals at risk. Refugees fleeing war, persecution, or violence must be given an opportunity to seek international protection.

According to Allen, Poland’s border guards lack the necessary legal and administrative expertise to conduct proper asylum assessments. This means that under the proposed law, many people who genuinely need protection might be unfairly denied a chance to present their claims.

Can Asylum Rights Be Suspended?

Under international law, exceptions to the non-refoulement principle exist, but they apply only in cases where an individual poses a serious security threat. Even then, each case must be assessed individually to ensure fairness. The UNHCR warns that Poland’s draft law does not include sufficient safeguards for such assessments, potentially leading to unjust exclusions.

International Reactions and Support

Poland’s approach has sparked criticism from human rights organizations, including the Council of Europe’s commissioner for human rights, who has expressed concerns over the practice of pushing asylum seekers back into Belarus without processing their claims.

However, the EU has largely supported Poland’s border security efforts. In December 2024, the EU provided funding to Poland and other eastern member states to help protect their borders against what it calls “weaponized migration.” Prime Minister Tusk has also suggested that EU officials are open to his proposal for temporarily suspending some asylum rights.

What Could Be a Better Approach?

While border security is essential, experts argue that an outright ban on asylum applications for irregular entrants is not the best solution. Instead, Poland could:

• Invest in more efficient asylum processing systems to quickly identify genuine refugees.
• Enhance border management while ensuring compliance with human rights laws.
• Work with international organizations like the UNHCR to develop policies that balance security concerns with humanitarian obligations.
• Improve diplomatic relations and pressure Belarus to stop using migrants as political tools.

By adopting a balanced approach, Poland can protect its borders while also upholding its commitments to international refugee protections.

Conclusion

The migration crisis at Poland’s eastern border is a complex challenge requiring careful policymaking. While national security concerns are valid, any response must also respect international legal standards and humanitarian principles. The UNHCR’s warnings highlight the need for Poland to reconsider its approach and ensure that asylum seekers are given a fair chance to seek protection.

As discussions continue, it remains to be seen how Poland’s government will address these concerns while maintaining control over its borders.