Poland has suspended the right to claim asylum at its Belarus border, sparking criticism from rights groups and raising questions over EU obligations.Credit : Shutterstock, Tomas Ragina
Poland has officially suspended the right of migrants arriving via its border with Belarus to apply for asylum, triggering a wave of criticism from human rights groups and international bodies.
The controversial legislation was fast-tracked by Prime Minister Donald Tusk and signed into law by President Andrzej Duda, who justified the move as essential to protect national security. Despite earlier concerns that such a measure could harm dissidents fleeing Belarus’s repressive regime, Duda now says it is “necessary to strengthen the security of our borders and the security of Poles.”
Asylum rules paused for 60 days at a time
The law gives Polish authorities the power to suspend the right to seek asylum for periods of 60 days, renewable depending on the situation. The government argues that Belarus — allegedly with backing from Russia — is facilitating illegal migration to destabilise the European Union by pushing migrants toward Polish territory.
Prime Minister Tusk called the situation a “real and serious threat” orchestrated through what he described as the “weaponisation of migration”. He stressed that the move is targeted at illegal crossings and not intended to undermine human rights protections.
There are exemptions: minors, pregnant women, individuals with critical medical needs, and those at genuine risk of harm if returned can still apply. A late amendment also ensures that families accompanying minors won’t be separated and will be allowed to file asylum claims.
International criticism and EU hesitation
Rights organisations have reacted sharply. Human Rights Watch warned the legislation “flies in the face of Poland’s international and EU obligations” and urged Brussels to intervene. The UN Refugee Agency (UNHCR) echoed those concerns, calling the law incompatible with European and international asylum norms.
However, the European Commission has taken a more cautious stance. While not endorsing the law outright, it said it would assess it in the context of national security threats. In December, the Commission published guidance allowing for the suspension of fundamental rights under exceptional circumstances, if deemed strictly necessary and proportionate.
A spokesperson referred to “hybrid threats arising from the weaponisation of migration by Russia, assisted by Belarus” as justification for taking temporary emergency measures.
Poland has already invested heavily in border security, including a €1.6 billion steel wall topped with barbed wire and an electronic surveillance system stretching over 200 km. Yet despite these efforts, NGOs report ongoing pushbacks, with hundreds of deaths and thousands subjected to abuse since the crisis began in 2021.
As Europe continues to grapple with migration policy, Poland’s decision sets a precedent that could reshape how the EU balances border security with the rights of vulnerable individuals.
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