A/HRC/53/26/Add.1 III. Normative and institutional framework for the protection of the human rights of migrants A. International legal framework 12. Poland is party to the core international human rights treaties, namely, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights and its Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming to the abolition of the death penalty, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol, the Convention on the Rights of the Child and its Optional Protocols of 2002 and the Convention on the Rights of Persons with Disabilities. Poland has also signed the International Convention for the Protection of All Persons from Enforced Disappearance. Poland is not, however, a party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 13. Poland has ratified the 1951 Convention relating to the Status of Refugees, the 1967 Protocol relating to that Status of Refugees and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. Poland has not, however, acceded to the Convention relating to the Status of Stateless Persons or the Convention on the Reduction of Statelessness. 14. Poland is one of the five countries that voted against endorsement of the Global Compact for Safe, Orderly and Regular Migration2 and did not participate in the voting on the Global Compact on Refugees.3 B. Regional legal framework and relevant proceedings 15. Poland has been a member State of the European Union since 2004 and has been a member country of the Schengen area since 2007. As a member State of the Council of Europe, Poland has ratified the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights).4 In the area of asylum law, based on the 1951 Convention relating to the Status of Refugees and the Charter of Fundamental Rights of the European Union, the European Union has developed a common European asylum system, enacting a series of regulations and directives covering different aspects of asylum procedures. These measures are directly binding on member States, which must incorporate the relevant directives into their domestic legislation. 16. In 2001, the Council of the European Union adopted a directive on the establishment of a temporary protection mechanism in the event of a mass influx or imminent mass influx of displaced persons originating from non-European Union countries who are unable to return to their country of origin.5 Its purpose is to establish an exceptional measure of minimum standards for giving temporary and immediate protection for those displaced who cannot return and to promote a balance of efforts between member States in receiving such persons. 17. This temporary protection is of limited duration and should be compatible with the obligations of States members of the European Union under instruments of international law. 2 3 4 5 4 See A/73/PV.60. See A/73/12 (Part II). Poland has not ratified Protocol No. 12 to the European Convention on Human Rights. Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. GE.23-06742