A/HRC/53/26/Add.1
tourist visas from the Middle East, with the majority originating from Afghanistan, Iraq, the
Syrian Arab Republic and Yemen.
7.
Since August 2021, thousands of third-country nationals have attempted to enter
Poland and, to a lesser extent, Latvia and Lithuania, over their borders with Belarus, using
irregular ways of crossing borders, generally through the forests. The majority of arriving
migrants were families with children.
8.
The rise in these arrivals has triggered the adoption of a series of measures by the
Polish authorities to prevent such access and to deformalize procedures to facilitate the
expulsion of foreign nationals. The measures adopted, which follow a security-oriented
approach, include the adoption of state-of-emergency measures restricting access to the
border area, the amendment of national legislation and the construction of a steel barrier
along the shared border with Belarus. The adoption of these migration strategies, based on
security concerns, have negatively affected the human rights of migrants, contributing in
some cases to exacerbating the already dire situation they face at the Polish-Belarusian
border.
9.
Of particular concern are reports of the use of pushback practices since the beginning
of the humanitarian emergency. Pushbacks have become a routine element of national border
governance in both Belarus and Poland, with serious negative impacts on the well-being and
human rights of migrants. Other concerns in relation to the situation along the PolishBelarussian border include reported cases of deaths, missing persons and stranded individuals
at the border, including families and children, as well as instances of family separation. In
Belarus, migrants were sheltered in a temporary logistics centre, which most of them were
not allowed to leave unless they were headed towards Poland. In Poland, enabled by the new
legislative provisions adopted in 2021, migrants apprehended after crossing the border have
been immediately returned back to the border by Polish authorities and forced back into the
territory of Belarus. Those who have not been returned back to the border have been placed
in guarded detention centres throughout the country, under the authority of the Polish Border
Guard, where they have been detained for long periods of time, facing obstacles in accessing
legal assistance, adequate medical and psychological support.
10.
Tensions at the Polish-Belarusian border temporarily de-escalated during the winter
of 2021, with a reduced number of arrivals reported between December 2021 and February
2022. While not in the high figures observed previously, reports of third-country nationals
attempting to cross the border to Poland continued throughout 2022 and up until the time of
the drafting the present report, with individuals arriving in the Russian Federation and
transiting through Belarus, most still originating from Afghanistan, Iraq and the Syrian Arab
Republic, but also from countries in Africa, Latin America and Southern Asia.
11.
On the Polish-Ukrainian border, following the invasion of Ukraine by the Russian
Federation on 24 February 2022, millions of refugees have crossed the border seeking safety
and protection in Poland and in other countries in Europe. As at 24 August 2022, over 5.5
million refugees had arrived in Poland by crossing the Polish-Ukrainian border. While many
refugees have moved to other countries, approximately 2 million remain in Poland, where
the majority have been hosted as guests by individual citizens, including members of the
Ukrainian community, at their own homes. In response to this unprecedented influx of
refugees, on 12 March 2022, the Polish parliament passed an act on assistance for Ukrainian
nationals in connection with the ongoing invasion of Ukraine by the Russian Federation.1
Under this law, Ukrainian nationals and their spouses fleeing the war may legally stay in
Poland for 18 months, starting from 24 February 2022, including legal residency in the
territory of Poland, access to health care, the labour market, education and social assistance
and benefits.
1
GE.23-06742
Law on assistance to Ukrainian citizens in connection with the armed conflict on the territory of the
country (24 February to 24 August 2022), prepared by the Ministry of the Interior and
Administration.
3