The Storm Around Poland’s New Migration Strategy: Suspension of the Right to Asylum?

The fence on the Polish-Belarusian border constructed by Poland. Source: Nina Boichenko.

In recent days, researchers from the GAPs project team at the Centre of Migration Research, University of Warsaw, have actively engaged in the Polish media to provide insights and analyses on Poland’s new migration strategy. Their contributions have been essential in fostering a deeper understanding of the policy's implications, especially in light of the controversial measures proposed by the government.

On October 12, 2024, during the Civic Platform’s national convention, Prime Minister Donald Tusk announced Poland’s migration strategy for 2025-2030, titled "Regain Control. Ensure Security." Officially adopted by the Council of Ministers on October 15, the strategy quickly sparked heated debates within Poland, across the EU, and internationally. One of the most contentious elements of this strategy is the proposed "temporary and spatial" suspension of the right to seek asylum, which has raised significant legal and humanitarian concerns.

GAPs Project: A Voice in the Debate

The GAPs project, focusing on return migration frameworks, has been at the forefront of the public discourse surrounding this policy. Drawing on findings from Working Packages 2 and 3, which examine legal frameworks and infrastructures for return, GAPs researchers have provided crucial insights into how the new strategy aligns—or conflicts—with national, EU, and international laws governing migration.

Mateusz Krępa, a GAPs researcher and a member of the "Researchers on the Border" collective, has been particularly active in the media, offering expert commentary on the situation at Poland's border with Belarus.

The new strategy, he explained, is partly a response to the instrumentalization of migration by Belarus, which has seen many migrants crossing into Poland irregularly. While some of these migrants have managed to apply for asylum, others have faced pushbacks—a practice that has drawn widespread criticism.

In his media appearances, Mateusz Krępa highlighted the legal complexities surrounding returns and asylum. Drawing on the GAPs project’s research, he explained the challenges of implementing effective return procedures, including a lack of cooperation from some countries of origin. He also underscored the need for comprehensive solutions, such as signing new readmission agreements, improving identification processes, and creating reintegration programs to incentivize voluntary returns. These proposals reflect the GAPs project’s findings on return migration, particularly from field research in Georgia.

Critical Perspectives on Asylum Suspension

The GAPs project’s involvement in the debate extends beyond technical analysis. Researchers have also critically examined the legal and ethical implications of the proposed asylum suspension. Mateusz Krępa questioned the legality of suspending the right to seek asylum, emphasizing that such a measure may not be in line with EU law and international agreements, including the 1951 Geneva Convention. He advocated for an evidence-based approach to address security concerns at the border, drawing from his previous work on the instrumentalization of migration by Belarus.

Engaging the Broader Migration Policy Debate

Beyond legal frameworks, the GAPs team has contributed to a nuanced understanding of the broader migration policy debate. Marta Pachocka, researcher on GAPs, shared her views on the Prime Minister’s speech, expressing concerns over the strategy’s alignment with EU law and Poland’s commitments under the New Pact on Migration and Asylum. In a recent discussion on Tok FM’s “European Magazine,” she explained how Poland’s stance could affect ongoing negotiations on EU migration policies. Marta emphasized that, as an EU member, Poland is obligated to respect the right to asylum and uphold international agreements, regardless of national security concerns.

The GAPs project’s active engagement has been crucial in shaping public and policy discussions around Poland’s new migration strategy. By providing data-driven insights and critical legal analyses, GAPs researchers continue to play a key role in informing the debates on return migration and asylum policies, ensuring that discussions are grounded in evidence and international legal standards.

Interventions (in Polish)

Radio Dla Ciebie (10.10.2024): https://www.youtube.com/watch?v=gkZuYo6G_JM

Radio Tok FM (13.10.2024): https://audycje.tokfm.pl/podcast/165104,-Sposob-w-jaki-Tusk-mowi-o-migracji-jest-zdominowany-przez-lek-Z-trafnej-diagnozy-wyprowadza-nie-do-konca-sluszne-wnioski

Oko.Press (14.10.2024): https://oko.press/ekspert-od-bezpieczenstwa-granic-zapowiedz-premiera-tuska-to-kapitulacja-wywiad

Radio Szczecin (14.10.2024): https://radioszczecin.pl/276,13475,odzyskac-kontrole-strategia-migracyjna-tuska

Radio Wnet (15.10.2024) - lack of the link

Polsat News Polityka (15.10.2024): (from 76 min) https://www.polsatnews.pl/wideo-program/debata-polityczna-15102024_6841061/

Polskie Radio 24 (16.10.2024) - lack of the link

Radio Nowy Świat (18.10.2024): https://nowyswiat.online/podcasty/caly-nasz-swiat-85

Radio Tok FM (23.10.2024): https://audycje.tokfm.pl/podcast/165655,Decyzje-sa-deportacji-nie-ma-Powodem-biurokracja-migracje-w-UE

National NGO.pl portal: https://publicystyka.ngo.pl/niektore-przekazy-polityczne-moga-Aprzyniesc-duzo-szkody-komentarz-marty-pachockiej

Contact:

Mateusz Krepa | The University of Warsaw (UW) | mateusz.krepa@uw.edu.pl


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