Situation on the polish-belarusian border

THE SCALE OF THE CRISIS

The humanitarian crisis on the Polish-Belarusian border has been ongoing for almost seven months now. Operating in difficult conditions, we continue conducting daily interventions, providing humanitarian, legal and medical assistance. Thanks to social mobilization in response to the crisis, we are able to save people's health and sometimes lives. AsGrupa Granica, we have been operating since August 15, 2021, i.e. until today (March 9, 2022) it is already 206 days and nights of continuous operation in the crisis intervention mode.

We provide humanitarian and legal aid in Poland, along the entire Polish-Belarusian border, which is 418 km long.

We have received requests for assistance for a total of at least 8,960 people. Only in the period from 15/10/2021 to 7/03/2022 we had at least 474 reports about children. From January 1, 2022 to March 7, 2022 we have received requests for assistance for a total of at least 705 people, incl. 69 children.

Number of missing persons reported by families (only directly to Grupa Granica) since mid-October: over 100

There were certainly many more people who needed help. We don't know about all of them. Some groups reporting a request for help numbered several dozen people.

Due to the conditions on the border and the violence of Belarusian and Polish officials, it is still necessary to provide migrating man and women with specialized assistance.

Here is the summary, in Polish, of actions by Grupa Granica in 2021,here between January 1-20, 2022 andhere the summary for February 2022.

THE STATE OF EMERGENCY AND THE “NO GO” AREA ON THE POLISH SIDE

The state of emergency that introduced the “entry-ban” zone along the whole PL-BY border (on the Polish territory) lasted from September 2 to December 2, 2021. According to the Polish Constitution it is not possible to prolong it beyond 60 days. To bypass such limitations, on November 30, the Polish government adopted new provisions of the act amending the act on the protection of the state border. Thus the government chose the way of circumventing the Constitution of the Republic of Poland and made another attempt to legalize their unlawful activities by means of another law. The area covered by the extension of the entry ban coincides with the area where the state of emergency was in force until the end of November. It covers in total 183 villages and towns.Here is the unofficial map. (Additionally, under the new regulations, this area may be extended at any time, and the validity of these regulations may be extended). Humanitarian organizations, the media, activists and medics are still banned from entering the zone. The new legal rules, which theoretically allow the media to have greater access to the zone, in practice resemble organizing propaganda "tours", which can only take placeunder the full control of officers. The mostrecent ministerial ordinance prolonged again the restriction, this time until June 30, 2022. We observe with concern the normalization of this type of action, characteristic of authoritarian regimes and countries under dictatorship, where the lack of freedom of expression and the press is the norm. Inability to reliably verify information means breaking the basic principles of democratic countries. The current actions of the authorities encourage the spread of disinformation and create opportunities to manipulate public fear while concealing serious violations of human rights. Additionally, the act provides Border Guard officers with new powers and new means of direct coercion (the officers will also be able to use knapsack blowers of incapacitating substances). The extension of the ban on entry to the border areas until the end of June 2022 is contrary to the principle of universality of human rights. It is also inconsistent with the Polish Constitution and international law, as confirmed by the lastjudgment of the Supreme Court of January 18.

Read here the statement by Grupa Granica regarding the recent extension of the ban.

JUDGMENT OF THE SUPREME COURT QUESTIONING “NO-GO” AREA

On January 18, 2022 alandmark judgment was passed. The Supreme Court ruled that the deprivation of the possibility of staying in the entire territory of the zone, which covers almost all persons who do not live there, is in breach with the Polish Constitution and means an unauthorized restriction of civil rights. Thus, such limitation should be considered illegal and no one can be punished for breaking this prohibition. The Supreme Court further states that it is also illegal to restrict the activities of the Polish Red Cross by prohibiting it from providing humanitarian aid in any part of the territory of the Republic of Poland.

The sentence concerned three journalists working for the German-French TV ARTE and the French press agency AFP. They were detained in September: three people were handcuffed, detained overnight at the police station, and then brought to the court in Sokółka in connection with the suspicion of being in the area under the state of emergency. During the intervention, their equipment, documents and telephones were taken from them. Over the last 5 months, we have received a lot of information about attempts to obstruct work and the use of violence against individual journalists and journalists performing their professional duties in the border area. We emphasize once again that the policy of keeping the media out of the state of emergency area results in a situation in which the public only receives materials containing messages controlled by the Belarusian services or the Polish government. The Polish Red Cross is one of the organizations whose duty is to intervene and save people's lives and health. Despite this, neither the Polish nor the international branch decided to enter.Read more in Polish.

UN HUMAN RIGHTS EXPERTS DEMAND ACCES TO THE BORDER FOR HUMANITARIAN WORKERS AND JOURNALISTS & EU COMMISIONER INTERVENES AGAINST POLAND BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

In the statement published on February 15, 2022 The Office of the High Commissioner for Human Rights (UN Human Rights) urged Poland to grant access to the Polish-Belarusian border area for the humanitarian workers and journalists. “Poland must investigate all allegations of harassment of human rights defenders, including media workers and interpreters, at the border with Belarus, and grant access to journalists and humanitarian workers to the border area ensuring that they can work freely and safely” – the experts said. Read the whole statementhere. Andhere the comment by Grupa Granica.

Moreover, due to the illegal pushback of the migrants from Poland to Belarus and due to the “no-go area” near the border the EU Human Rights Commissioner Dunja Mijatović intervened on February 4, 2022 before the European Court of Human Rights. The Commissioner drew attention to the systematic practice adopted by the Polish authorities of forcing refugees to Belarus, without distinguishing between their life situation and their qualifications for international protection, which puts migrants at risk of torture or inhuman or degrading treatment by the Belarusian authorities, in violation of Art. 3 of the European Convention on Human Rights. Read morehere andhere.

GUARDED CENTERS FOR FOREIGNERS

The Granica Group also monitors activities in the so called Guarded Centers for Foreigners, which are the quasi-prisons for the migrants and asylum seekers. Currently over 1700 people (incl.over 300 children) are being de facto imprisoned in the “centers”. Poor conditions and the lack of efficient procedures led in the last months to numerous protests, including hunger strikes and suicide attempts. A hunger strike was even undertaken by a 13-year old girl Tiba (read more about Tiba’s hunger strikehere,here,here andhere).

So far, the most criticized detention center is TOSC Wędrzyn. The conditions in it were described as "inhuman"by the migrants themselves and, among others,by a representative of the National Mechanism for the Prevention of Torture and members ofnon-governmental organizations. Moreover,Ombudsman prof. Marcin Wiącek applied to the presidents of 22 district courts adjudicating on the placement of migrant women and migrants in guarded centers, pointing out that detention should only be used as a last resort, as there are many alternative forms of providing accommodation for the duration of asylum procedures. Especially families with children and unaccompanied minors, as well as adults with torture experiences should definitely not be forced to stay in such conditions as this is a serious violation of their dignity and human rights.Ombudsman in his letter stated that “None of the guarded centers, if only because of the conditions and detention there, is a place appropriate for children. Their stay there may definitely have a negative impact on their development and psychophysical condition”.

The most frequently reported problems in detention centers are:

• Overcrowding and poor living conditions, smoke in the rooms.
• Lack of sufficient medical and psychological care.
• Reduction of fundamental rights to information provided in a language the migrant understands.
• The feeling of full dependence, intimidation, discipline, dehumanization - people are called by numbers.
• Limited access to the Internet, which prevents contacts with relatives and lawyers.
• Stress and additional traumatization caused, among others, by sounds of shots and explosions. TSOC in Węgrzyn is located in an active military training ground. Many of the people interned there come from countries affected by armed conflicts, and their deposition in such a place perpetuates the war trauma.
• Low food rations.
• Long waiting for meals - inmates have to wait outside the canteen, in the cold, often in the rain. It is worth remembering that many inmates do not have shoes or warm clothes.
• Lack of proper conditions and privacy. Migrants sleep in bunk beds in crowded rooms that lack any furnishings other than tables and stools.

As Grupa Granica we demand that the Polish authorities comply with the standards contained in EU legislation, i.e. that detention should be used only as a last resort and for the shortest possible time. We also demand proceedings in accordance with Polish law, which prohibits the detention of persons who have experienced violence. There is no doubt that most of the men detained in Wędrzyn have experienced violence by the Belarusian services. Instead of being placed in closed centers, we propose more frequent use of alternative measures to detention, such as keeping a travel document in deposit, an obligation to live at an indicated address or an obligation to report regularly to the indicated Border Guard facility.

More, in Polish, on the protests and conditions in the detention centers read chronologicallyhere,here,here,here,here,here,here andhere.

THE CONSTRUCTION OF WALL ALONG THE PL-BY BORDER:

The construction of the wall along the Polish-Belarusian border, on the Polish side, started on January 25, 2022 and is supposed to take at least several months. The wall is supposed to be made of steel and topped with razor wire.

Construction of the wall would affect and threaten not only the forced migrants who flee from violence, wars, persecution, poverty and oppression. It would also affect the local villages, towns and inhabitants (the latter have started theirpetition against the wall). It would also imply cutting trees within the protected areas, operating heavy equipment 24h, air and noise pollution and irreversible damage to the natural and protected areas and habitats, including the precious Białowieża Natural Forest (UNESCO heritage site), Natura 2000 areas and it would block the eco-corridors of protected species of animals.

Grupa Granica opposes the wall also due to the enormous cost of the planned construction. In times of rapidly rising inflation, widespread high prices and the coronavirus pandemic, the government decides to spend a gigantic amount of up to PLN 1.6 billion on an "investment" doomed to failure. Doomed, because no wall has stopped the forced migration of people seeking refuge from war, poverty, violence, persecution or torture. The sum of PLN 1.6 billion is more than 10 times higher than the budget of the Polish Office for Foreigners planned for 2022 (it is to amount to 160 million PLN), which in Poland is responsible, among others, for conducting proceedings for international protection and managing refugee centers. Instead of building walls, the government should allocate public funds for the development of institutions, offices and organizations that have the resources and competences necessary to implement a migration policy that puts the rights, dignity and safety of migrants in the first place.

In January, 2022, as a result of athorough inspection The Supreme Audit Office prepared a devastating opinion, in which it points to the implementation of this out of law “investment” and the risk of irreversible damage to the environment (including the Białowieża Forest) if the construction is completed. The auditors emphasize that the “investment” was not consulted with the local communities and that the special act for the construction of the wall adopted in October 2021 clearly states that the following provisions will not be applied to the undertaking: construction law, water law, environmental protection law, geodetic and cartographic law, provisions on planning and spatial development, provisions on sharing information on the environment, regulations on the protection of agricultural and forest land and environmental regulations, regulations on rail transport, provisions on special rules for the preparation and planning of public roads.

This means that the investment in practice violates the existing regulations, and decisions about it will be made without public or environmental consultations. The opinion of the Supreme Audit Office is another criticism of state bodies responsible for the verification and control of government activities, and at the same time indicates the unlawfulness of the planned construction that threatens both the safety of the migrants and the precious ecosystems, among others Białowieża Natural Forest, as well as livelihood of the local communities. Already in October 2021, theOmbudsman indicated that the so-called special act on the construction of a border wall is partially unconstitutional and assumes that "this investment will not be subject to laws protecting such constitutional values ​​as the right to safe working conditions, protection of life and health, environmental protection and the right to information about it". Moreover, due to the omission of the environmental impact assessment, the construction of the wall will violate EU environmental regulations.

Public and expert opposition against the construction of the wall:

• As of now already over20k people signed the petition established by the local inhabitants, addressed to the domestic authorities and decision makers.
• Over80 k people signed the petition established by the environmental and human rights organizations addressed to UNESCO and the European Commission.
• Theappeal of over 160 NGOs from Poland and beyond demanding the half of the construction of the wall.
• Theletter signed by over 1800 scientists and academics from Poland and beyond demanding that the European Commission halts the construction of the wall.
• The statement of the Climate Council of the Jagiellonian University in Cracow, Poland, against the construction of the wall.
• Formal Complaint submitted by the environmental organizations to the European Commission demanding the immediate halt on the construction at least until the proper Environmental Impact Assessment is conducted.

The construction of the wall was also criticized by the representatives of both UNESCO and European Commission (read here).

In Polish, on the wall read chronologicallyhere,here,here,here,here,here,here,here andhere.  

GRUPA GRANICA’s DEMANDS / WHAT WE CALL FOR

Especially with the recent Supreme Court judgment, we are calling on international humanitarian organizations and the media to monitor the situation and intervene. The pseudo-exceptional state on the border does not ensure the safety of its inhabitants, affects the freedom of the media, and as a result of its introduction, there are also many violations of human rights.

Due to the actions of the Polish government, the burden of providing humanitarian aid is shifted onto the shoulders of local residents of the borderland, activists and social organizations, as well as social organizations that have not been involved before in saving human lives. We stand for a migration policy that would ensure protection of the life and dignity of forced migrants.

We call upon the Polish and EU authorities to:

• De-escalate of violence on the border, especially we appeal to the Polish authorities to stop illegal push-backs from Poland towards the hands of the violent Belarusian officials and guards
• Respect the international protection seeking and asylum seeking rules and procedures
• Lift the “no entry” restrictions in the borderland and allow all humanitarian organizations, media and observes to freely access the area
• Stop construction of the wall and redirect public spending to support the integration and temporary housing of the migrants. Instead of building a wall, we propose a security policy based on respect for human rights and respect for the dignity of people and the ecosystem of the Białowieża Natural Forest.
• Consider putting migrants in the guarded detention centers for foreigners only as the measure of last resort. Instead the alternative and more human housing options must be provided, incl. temporary accommodation in the blocks of flats across Poland.
• Stop criminalizing the migration and stop criminalizing humanitarian aid via propaganda of threat and via false allegations. All officials and law enforcement forces must follow the democratic rule and restrain from violence against the migrants and against the humanitarian aid volunteers, as well as must restrain from publically (re)producing the discourse that fuels slander and hate against both the migrants and those who offer them humanitarian aid.

RUSSO-UKRAINIAN WAR AND THE RUSSIAN INVASION

The full-scale invasion of Russia against Ukraine that started on February 24, 2022 has been forcing people to flee the country. From day one of the invasion the member organizations and activists of Grupa Granica acted tirelessly to monitor the situation and support the refugees fleeing Ukraine. According to theUN data, as of March 8, already 1,294,903 refugees from Ukraine reached Poland. Over the last days we have dealt with:

• organization of transport and assistance in the evacuation of people from the territory of Ukraine
• organization of local aid in the form of support in accommodation and transport in Polish cities
• assistance at reception points
• material assistance and logistic support at emergency points
• verifying and sharing reliable information on the current legal and transport situation
• legal assistance
• further mapping and validating existing initiatives
• advocacy, especially towards those most excluded from the aid system
• counteracting racism
• monitoring and reporting, especially in the context of the situation of groups most exposed to human trafficking (the situation of women and children who, as a result of various events, have been separated from their families).

Grupa Granica also established a special webpage that gathers up to date information on the border:https://ukraina.grupagranica.pl

As Grupa Granica we advocate and submit expert input to the legislative proposals to help ensure that the Polish government and the EU adopt the rules that will enable the smoothest possible access of the refugees to the safety, accommodation, health services and labor market.  On the one hand we acknowledge that the Polish government is looking into legislative measures that would enable the smooth reception of the refugees from Ukraine. On the other hand, we note with concern the reported and monitored cases of racial/ethnic profiling on the Polish-Ukrainian border that affects non-white refugees, which was also a subject of theintervention by Ombudsman. We as well note with concern the drastic discrepancy between the relative state support for the refugees fleeing Ukraine compared with the still ongoing pushbacks and systemic violence happening against asylum seekers from the Middle East and Africa who flee their countries to Poland/Europe via Belarus in pursuit of safety.

Once again, we appeal to the Polish authorities to take responsibility for the current situation and ensure the safety of all those who crossed the border with Ukraine and Belarus. Only the de-escalation of violence and the pursuit of a wise, long-term, well-thought-out migration and integration policy, covering all refugees and migrants, regardless of their origin, religion or skin color, will guarantee the safety of all of us.

Read more about these issues in Grupa Granica’s statements chronologicallyhere,here,here,here,here,here andhere. 

Read herean article in Guardian explaining the rasist and islamophobic roots of the discrepancy in the treatmeent of the refuges and asylum seekers coming from Belarus and Ukraine.