A/HRC/53/26/Add.1
handles administrative decisions involving international protection in Poland, upon receiving
asylum applications from the Polish Border Guard, and is responsible for providing social
assistance and medical care to those seeking protection. The Office is responsible for
appellate procedures in cases involving the legalization of the residence of foreign nationals
in Poland and expulsion orders. Although the placement of asylum-seekers in general is
ordered by the Court following the request of the Border Guard, the Head of the Office, based
on an assessment of the case, has the competence to release asylum-seekers from closed
detention facilities.
28.
The Polish Border Guard and the Office of Foreigners report to the Polish Ministry of
the Interior and Administration, which is responsible for the interior security of the country
and law enforcement forces and is in charge of issuing Polish identity documents, including
national passports. The Ministry also has the function of regulation migration issues,
managing the integration and registration of migrants and combating irregular migration.
National human rights institutions
29.
The Commissioner for Human Rights is a constitutional institution appointed to
oversee the protection and observance of human and civil rights in Poland. The
Commissioner’s powers and competences are established under the Constitution, as well as
in the Act on the Commissioner for Human Rights of 15 July 1987.
30.
The office of the Commissioner also acts as the national human rights institution, the
national mechanism for the prevention of torture (as visiting body for the prevention of
torture and other cruel, inhuman or degrading treatment or punishment), the independent
equality body (referred to in the European Union directives on anti-discrimination) and the
independent body monitoring the implementation of the Convention on the Rights of Persons
with Disabilities. The Commissioner’s performance is independent from other State
authorities; the Commissioner is accountable only to the Sejm.
IV. Admission, reception and housing of refugees fleeing Ukraine
31.
As at 23 February 2023, over 9.4 million refugees fleeing the war in Ukraine have
crossed the Ukrainian-Polish border to Poland seeking protection. The majority of refugees
are women and children. Approximately 1.3 million are staying in Poland, and over 1.43
million Ukrainian citizens have applied for a “PESEL” number, an identification number for
people residing in Poland that is required to access rights provided under the order on
temporary protection. Under the Act on assistance for Ukrainian nationals in connection with
the ongoing invasion of Ukraine, Ukrainian nationals and their spouses fleeing the war may
legally stay in Poland for 18 months, until 24 August 2023. They are granted full access to
the Polish labour market and health-care system; Ukrainian children are granted full access
to school, on the same basis as Polish nationals. The Act has established a governmental
Relief Fund for Ukrainian War Refugees, with nearly 10 billion Polish zlotys (Zl)
(approximately €2 billion) earmarked funds to provide assistance to Ukrainian citizens.
Ukrainian refugees are entitled to a one-off cash assistance of Zl300 (approximately €63) per
person, intended to cover expenses for food, clothing, footwear, personal hygiene products
and housing fees. As at 20 February 2023, 222,685 individuals have benefited from this
allowance. Ukrainians are also entitled to other social support and benefits, including free
psychological care and services, monetary and non-monetary benefits from social assistance
system, as well as food and a periodic allowance. Ukrainian citizens also receive support for
families and children, including a monthly allowance for children (the “500+ benefit”, a
monthly allowance of Zl500, approximately €105 per child) and access to funding to reduce
the fees for institutional childcare and other family care programmes run by the Government.
The provisions of this special law on assistance for Ukrainian nationals do not apply to thirdcountry nationals who also fled Ukraine. Instead, amendments were introduced to the Act on
providing foreigners protection on the territory of Poland, transposing goals set out in the
temporary protection directive of the European Union. Although refugees fleeing the same
war are all generally admitted in Poland, the applicable legal framework and the consequent
entitlements are not the same, depending on their nationality and migration status in Ukraine.
Affected individuals include holders of permanent residence permits and particularly those
GE.23-06742
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