In comparison to the size of the current refugee wave from Ukraine, last year’s “migration crisis” was tiny. Throughout
last year, the Polish Border Guard said it had “prevented” over 39,000 “attempted entries” into Poland from Belarus. That number does not equate to those trying to enter, as many attempted to cross the border several times after being pushed back into Belarus. In all of last year, the number of people from the Middle East, Afghanistan and Africa trying to enter Poland was smaller than the number of refugees from Ukraine who crossed in a single day.
While proponents for sealing the EU’s border with Belarus argue that those who chose this route are primarily economic migrants, our project shows the situation is much more complex. At least some of the people who were pushed back would have been granted refugee status had they been allowed to apply.
Data on over 4,000 migrants who tried to enter Poland via Belarus in the second half of last year that BIRN examined shows a large number of Syrians, Yemenis and children, for example. Bahaddin↗, an Iraqi Kurd who claimed he survived two recent assassination attempts for his political activism and would be at risk of being killed if returned home, should at least have had his asylum claim examined by EU authorities, under international and EU law.
EU Commissioner for Home Affairs Ylva Johansson said in January, during a meeting of the LIBE Committee in the European Parliament, referring to the Polish approach to migrants entering via Belarus, that even in a situation of ‘instrumentalization’ they still had the right to access to the asylum procedure.
“We still have to stay true to our values and our Treaty when it comes to the best interests of the child, protecting the vulnerable and so on,” she said. “In an instrumentalization situation, most people are probably not refugees. But we don’t know that, because to define whether a person is a refugee or not, they have to have access to the asylum procedure.”
The most glaring difference between the Ukrainians who are crossing into Poland today and the Syrians still stuck between the Belarusian and Polish borders at the time of publishing this project, or those fleeing in 2015 when Poland also rejected them, is not the degree of devastation of their respective countries, but their race, religion and culture.
*Neither the Polish Border Guard nor the Polish Office for Foreigners made the numbers of people who crossed the Belarus-Polish border and are still waiting for asylum in Poland available to BIRN as per request. The Polish government does not publicise statistics which would separate asylum seekers entering via this border from others.
Throughout six months of reporting, the Polish Ministry of Interior has not provided answers about individual cases of pushbacks BIRN inquired about, arguing it cannot provide details about specific cases to third parties. It has not provided information about surveillance equipment purchased with EU funds, nor even responded to a freedom of information request filed by BIRN on the topic.
On being asked by BIRN about the pushbacks during a press conference, a spokesperson for the Polish Border Guard argued that most of the people whose “entry was prevented” had never even crossed over into Polish territory. That is a line maintained by the Polish government throughout this crisis, especially until the national legislation legalising pushbacks was passed.
In its various responses to questions addressed by BIRN about this crisis, spokespersons for the European Commission have emphasised the need to protect borders at the same time as respecting human rights, while also saying the Commission is closely monitoring the situation in Poland.