Polish referendum on “forced relocation of illegal immigrants”: between amnesia and manipulation
Image: Adobe Stock / Source: https://www.rp.pl/rzecz-o-prawie/art38977241-tomasz-sieniow
by: Tomasz Sieniow | University of Warsaw
On the day of parliamentary elections (October 15, 2023) Poland is going to organize a referendum. The ruling party has decided to ask Poles four questions. The last of them is phrased: „Do you support the acceptance of thousands of illegal immigrants from the Middle East and Africa, according to the forced relocation mechanism imposed by the European bureaucracy?”
On 22 of August 2023 Polish daily Rzeczpospolita has published an article by Tomasz Sieniow, titled „Referendum: between amnesia and manipulation”. Below are the main arguments made.
The result of the referendum on relocation of „illegal immigrants” will not stop accepting by the European Union of the Solidarity mechanism. Paradoxically Poland is opposing a mechanism that could be a good option for any external border country that may become a beneficiary of this new mechanism.
Poland has accepted transferring a competence to regulate asylum policy on the EU level. The Lisbon Treaty that has been signed in 2007 by president Lech Kaczyński after negotiations carried out by the governments of Jarosław Kaczyński (a twin brother of Lech) and Donald Tusk.
According to art. 78.2 of the Treaty on the functioning of the European Union the development of CEAS is subject to ordinary legislative procedure (with qualified majority voitng in the Council). Thus, member states have decided to reform and harmonize asylum policy on the EU (not national) level. It also meant that they have not retained the veto power in this field. Relocation – despite the misleading wording of the 4th referendum question – is not a mechanism imposed by the European bureaucracy.
A solidarity mechanism (which relocation is an element of) is an enforcement of the EU competence that has been transferred by the Member States in 2007. Proposing a referendum question on which the nation is supposed to decide about the element of asylum policy exceeding national powers is an indication of politicians’ amnesia or an ordinary manipulation to discourage voters from supporting parties allegedly promoting „illegal immigration”.
Some commentators are argueing that accepting relocated refugees will lead to a social change of Polish society. This argument is misleading since Poland for over 30 years of applying 1951 Geneva Convention has recognized only 18 000 refugees (7 000 in years 2021-2022). This has not made any significant impact on the 38 million population of Poland. Polish society has been changed by - so much needed by economy - labour migration (including a temporary protection beneficiaries) that according to some estimates increased foreign born population residing in Poland to around 2 million persons.
During the workshop, a presentation was delivered that displayed accurate statistical figures of the study conducted for the workshop purposes.
One shall not forget about another aspect of Polish policy towards „a forced relocation of illegal immigrants”. Poland has been a very loyal Member State as far as forced transfers of asylum seekers within Dublin Regulation Framework is concerned. According to statistics of the Office for Foreigners Polish government in 2016-2023 (after forming the Law and Justice government) has accepted 30 199 take charge or take back requests from other EU member states. Consequently 5 615 migrants have been transferred (usually by force and under escort) and taken over by Polish Border Guard.
We may assume the territory east of Poland in not such a distant future may become an area of civil wars and ethnic conflicts. Polish asylum reception system (requiring investment and some policy decision) will be put under enormous pressure. Let us assume that the European Union will not soften it by not introducing temporary protection once again, as happened in the case of refugees from Ukraine. Will Poland ask for relocation of these asylum seekers after a referendum questioning European competence to impose solidarity mechanism on other member states?
The organization of the referendum should be regarded as another irresponsible political action stimulating xenophobic and racist attitudes, and the destruction of the referendum institution by misleading Poles that issues transferred by Poland in 2007 to the EU level of competence may be decided on the national forum.
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Contact:
Tomasz Sieniow | University of Warsaw | t.sieniow@uw.edu.pl