A/HRC/53/26/Add.1
In particular, it must not prejudge the recognition of refugee status pursuant to the 1951
Convention relating to the Status of Refugees, as amended by its 1967 Protocol.
18.
In March 2022, in response to the influx of displaced persons from Ukraine following
the invasion of the country by the Russian Federation, States members of the European Union
unanimously agreed to activate the above directive for the first time,6 giving those fleeing
war in Ukraine the right to temporary protection for a renewable period of one year, until
March 2023.7
C.
National legal and institutional framework
National legislation on migration
19.
In Poland, the main national legislation on the issues of migration and asylum
includes:
(a)
The national Constitution of 2 April 1997, which guarantees equality in law of
all persons and prohibits discrimination against anyone (art. 32). Article 56 (1) recognizes
the right to seek asylum in Poland, in accordance with international agreements to which
Poland is a party. Article 37.1 stipulates that “Anyone, being under the authority of the Polish
State, shall enjoy the freedoms and rights ensured by the Constitution”, but exemptions from
this principle with respect to foreigners are allowed if specified by statute in accordance with
article 37.2;
(b)
The Act on foreigners of 12 December 2013 sets out principles and conditions
governing entry, transit, residence and departure from the territory of Poland; the Act on
granting protection to foreigners within the territory of the Poland of 13 June 2003 regulates
the granting of all forms of international protections, including temporary protection, and
provides for social assistance for the beneficiaries; and the Act on the entry into, residence
and exit from Poland of nationals of European Union and their family members of 14 July
2006 provides the rules and conditions for entry, stay and exit from the country;
(c)
The Act on assistance to citizens of Ukraine in connection with the ongoing
invasion of Ukraine by the Russian Federation of 12 March 2022. New provisions that
entered into force on 12 March 2022 apply retroactively from 24 February 2022. The Act
sets out specific rules for legalizing the stay of Ukrainian citizens (and their spouses who do
not hold Ukrainian citizenship) who have come to Poland from Ukraine in connection with
military operations conducted in Ukraine and of Ukrainian citizens holding a Pole’s Card
(Karta Polaka), who, together with their immediate family, have come to Poland because of
the aforementioned military operations.
Legislative amendments
20.
Following the unprecedented movements of migrants at the Polish and Belarusian
border in the summer of 2021, Poland introduced changes to relevant domestic laws on
migration and asylum, namely the above-mentioned Act on foreigners and Act on granting
protection to foreigners within the territory of Poland. Separately, new provisions were
introduced to the regulation of the Ministry of the Interior and Administration of 13 March
2020 on the temporary suspension or limitation of border traffic at specific border crossing
points to restrict the movement into Poland from Belarus, the Russian Federation and
Ukraine, in connection with the coronavirus disease (COVID-19) pandemic. These changes
have enabled Polish border guards to return migrants apprehended while attempting to cross
into Poland outside official crossing points directly back to the border. Moreover, legislative
6
7
GE.23-06742
Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass
influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC,
and having the effect of introducing temporary protection.
If, after this period, reasons for granting temporary protection persist, it will be automatically
extended for a period of 6 months, twice, until 4 March 2024. Beyond that date, the Commission may
propose that the Council extend the temporary protection by up to another year, until 4 March 2025.
5