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A. Draft Resolution
(open)
Report | Doc. 15382 rev | 29 September 2021
Increased migration pressure on the borders of Latvia, Lithuania and Poland with Belarus
Committee on Migration, Refugees and Displaced Persons
Summary
The report is a response to the unfolding situation of increased migration and asylum pressures at the borders of Latvia, Lithuania and Poland with Belarus. These pressures appear to have been orchestrated by the Belarus authorities in response to European Union sanctions against Belarus.
The report seeks to clarify the current emergency situation at these borders and to suggest concrete recommendations concerning human rights safeguards in the situation of such an unexpected migration and asylum influx into Council of Europe and EU member States.
The proposed resolution calls on the Belarus authorities to refrain from instrumentalising migrants, asylum seekers and refugees for political purposes and it calls on the Governments of Latvia, Lithuania and Poland to refrain from pushbacks to Belarus, and to provide necessary safeguards to guarantee the human rights of those seeking entry to their territory.
At the same time it encourages Council of Europe member States to assist in establishing effective arrangements to ensure reception and accommodation facilities for those arriving in these countries while providing adequate systems for identifying people with special needs. Access to information about asylum procedures, and social and other services for new arrivals while their applications for asylum are being processed in fair and prompt procedures, also needs to be supported.
A. Draft Resolution 
(open)1. The Parliamentary Assembly
is concerned by the unfolding situation of hybrid attacks by the
Belarusian authorities resulting in increased migration and asylum
pressures at the Belarus border with Latvia, Lithuania and Poland.
This is all the more worrying as it has been orchestrated by the
Belarusian authorities in response to European Union sanctions against
Belarus imposed for harsh violations of human rights. It condemns
any instrumentalisation of migrants, refugees and asylum seekers
by States for political purposes.
2. The Assembly notes with concern that recent arrivals of migrants
and asylum seekers created significant challenges for Latvia, Lithuania
and Poland, putting a strain on their migrant and refugee reception
capacities.
3. The Assembly however reiterates the obligations of all Council
of Europe member States to uphold human rights and humanitarian
principles as well as refugee law and the right to seek asylum.
Member States should furthermore ensure necessary humanitarian assistance
to people in need of protection, paying a special attention to the
situation of vulnerable groups, including families with small children,
unaccompanied and separated children and people with disabilities
and special needs. In this they should consider a gender perspective
in terms of protection needs.
4. The Assembly considers that effective border management by
Council of Europe member States should be accompanied by adequate
responses to the rights of asylum seekers. Border management should
be fully compliant with European and international law and in particular
the European Convention on Human Rights (ETS No. 5) and the 1951
Convention Relating to the Status of Refugees.
5. The Assembly condemns the growing tendency to restrict the
right to seek asylum of persons crossing a border irregularly and
any practice by member States of pushbacks of migrants and asylum
seekers to third countries, where international protection needs
may not be guaranteed. It recalls the obligation of member States
to respect the principle of non-refoulement and
the prohibition against collective expulsion of aliens.
6. The Assembly is highly concerned that the situation at the
EU’s eastern border provoked a new wave of anti-migrant rhetoric,
which resulted in countries being forced to build new fences in
Europe to prevent the neighbouring authoritarian regime from instrumentalising
migrants, asylum seekers and refugees for its political goals.
7. The Assembly welcomes the efforts of the European Union to
reconsider its reception procedures and solidarity mechanism, including
the resettlement solution in the New Pact on Migration and Asylum.
The situation at the EU’s eastern border has shown that the Temporary
Protection Directive of the European Union should be reanimated
in order to be used in exceptional situations where there is a mass
influx of migrants, asylum seekers and refugees. It is also important
to develop a comprehensive migration risk assessment algorithm allowing
for the elaboration of effective reaction strategies.
8. In response to the current situation at the border with Belarus,
the Assembly calls on governments of member States of the Council
of Europe to support Latvia, Lithuania and Poland by:
8.1. providing urgent financial and
technical assistance to ensure necessary protection of migrants, asylum
seekers and refugees;
8.2. establishing effective support arrangements for these
countries so that they can ensure efficient reception, adequate
accommodation, effective identification of people with special needs,
timely access to information about asylum procedure and social and
other services for new arrivals while their applications for asylum
are being processed in fair and prompt procedures;
9. The Assembly calls on the authorities of Belarus to:
9.1. stop the instrumentalisation
of migrants, refugees and asylum seekers, in particular those in
a vulnerable situation, and stop facilitating travel to Belarus
of third country nationals under false pretences of tourism.
9.2. take full responsibility under applicable international
law for third country nationals present in Belarus territory, especially
those in vulnerable situations, and refrain from illegal actions
such as taking away their travel documents or forcibly pushing them
towards the border;
9.3. co-operate with its neighbours, Latvia, Lithuania and
Poland, as well as with the European Union, on cross-border arrangements
in order to solve ongoing problems in terms of irregular migration
flows across these borders.
10. The Assembly also calls on the authorities of Latvia, Lithuania
and Poland to:
10.1. provide access
to asylum procedures to all those seeking asylum;
10.2. refrain from pushbacks to Belarus, and provide necessary
safeguards to ensure the human rights of those seeking entry to
their territory;
10.3. ensure that detention of asylum seekers is only used as
a last resort and alternatives to detention are explored. When detention
is resorted to, it should be carried out with all relevant safeguards, including
an assessment on the circumstances of the individuals and their
families. Children should never be detained regardless of their
migratory status;
10.4. in co-operation with the European Asylum Support Office,
provide adequate reception, accommodation, identification of people
with special needs, access to information about the asylum procedure
and social and other services to new arrivals;
10.5. ensure that the United Nations High Commissioner for Refugees
(UNHCR) and organisations providing humanitarian assistance and
legal aid are provided with unhindered access to migrants, asylum
seekers and refugees, including at the border;
10.6. despite the state of emergency, ensure that vulnerable
groups, such as unaccompanied minors, survivors of torture, sexual
violence and other forms of serious violence are exempted from accelerated asylum
procedure and referred to more adequate and safe reception facilities,
and ensure that those who need psychological support have access
to specialist services;
10.7. guarantee that returns of migrants to third countries
do not take place without sufficient safeguards for the rights of
those being returned, and work with Belarus and the European Union
to solve ongoing problems in terms of irregular migration flows
across these borders;
11. The Assembly welcomes the support offered by the UNHCR to
the countries concerned in order to provide legal and technical
expertise on reception, site management and processing of asylum
applications, and encourages the UNHCR and the International Organization
for Migration to further strengthen their monitoring of migratory
pressure situations, in co-operation with other human rights organisations,
in order to provide early warning of impending problems.
12. The Assembly proposes the creation, within the Council of
Europe, of a permanent group or body on the human rights situation
in Belarus, one of the tasks of which will be monitoring the situation
of migrants, refugees and asylum seekers from Belarus.
B. Explanatory memorandum by Ms Anne-Mari Virolainen, rapporteur
(open)1. Introduction
1. This report was initiated by
the Chairperson of the Polish delegation to the Parliamentary Assembly, Mr Mularczyk,
who requested that an urgent affairs debate be held during the Assembly’s
2021 September part-session on: “The situation on the borders of
Latvia, Lithuania and Poland in connection with the increased migration
pressure on borders with Belarus“.
2. In May and August 2021, Lithuania and Latvia faced a sudden
influx of migrants, including refugees and asylum seekers, crossing
the border irregularly from Belarus. The number of irregular arrivals
to Lithuania increased by 110 times compared to 2019. The majority
of persons who crossed the border were Iraqi nationals, but there
were also persons from Afghanistan, Cuba, the Russian Federation,
Sri Lanka and India. As reported by officials of the countries concerned,
Belarusian security forces were directly involved in sending third
country nationals across these EU external borders, something denied
by the Belarus authorities
3. During August and September 2021, several dozen persons from
Iraq and Afghanistan were stranded at the Polish-Belarusian border,
the Lithuanian-Belarusian border and the Latvian-Belarusian border,
as a result of the introduction of border control measures by these
countries, which took steps to deny the right to seek asylum and
access territory for those intercepted crossing irregularly.
4. Some persons from these groups were denied access to Polish/Latvian/Lithuanian
territories and asylum procedures. Furthermore, the groups rarely
had access to humanitarian assistance or legal aid organisations.
The United Nations High Commissioner for Refugees (UNHCR) was denied
access to one group at the Polish-Belarusian border.
5. According to the authorities of the countries concerned and
several statements by European Union officials, this migratory pressure
was organised by the Belarusian authorities which were allegedly
involved in the transfer of nationals of third countries and bringing
them to the borders of Latvia, Lithuania and Poland, thus creating
a human rights emergency situation.
6. As stated in the letter of Mr Mularczyk “the increased migration
pressure on borders with Belarus started several weeks before the
dramatic change of the internal situation in Afghanistan. This fact
confirms that the developments in question have been politically
inspired by the Belarusian authorities seeking to destabilise the situation
in Poland and other countries highly involved in providing support
and assistance to the Belarusian society. It also seems to be an
act of retaliation for sanctions introduced by the EU on the Minsk
regime.”
7. On 27 July 2021, the UNHCR issued a statement raising its
concerns about “the instrumentalization of refugees and migrants
by States to achieve political ends.”
8. This report seeks to clarify the current emergency situation
at the EU’s Eastern external border and to suggest concrete recommendations
concerning human rights safeguards in the situation of such an unexpected
migration and asylum influx.
2. Situation at the Lithuanian border
9. Lithuania has the longest EU
border with Belarus – 678 km. The sudden increase of irregular migrants crossing
the Lithuanian border from Belarus started in May 2021. Since then,
more than 4 100 irregular crossings of the border were registered
in 2021, compared to 80 irregular arrivals in 2020.
10. As reported, migrants originated from 40 different countries,
but the vast majority were from Iraq, but also from Congo-Brazzaville,
Cameroon and Syria. There were also some Russians, Afghans and Belarusian nationals.
11. According to Lithuania, the Belarusian authorities recently
launched new flights from Iraq to Minsk. Taking into account these developments,
and also new routes from Afghanistan via Russia and then buses to Belarus,
the Lithuanian authorities estimate the arrival of 15 000 more irregular
migrants by the end of 2021.
Taking into account these developments,
and also new routes from Afghanistan via Russia and then buses to Belarus,
the Lithuanian authorities estimate the arrival of 15 000 more irregular
migrants by the end of 2021.12. On 30 July 2021, Frontex, the EU’s border agency, launched
a rapid border intervention in Lithuania, in the framework of which
60 additional standing corps officers were deployed to support the
country with migration management due to increased pressure at the
border with Belarus. In total, the agency is currently deploying
100 officers, 30 patrol cars and two helicopters in Lithuania.
13. Furthermore, in response to this emergency situation, the
Lithuanian Government decided to introduce a state of emergency
on 2 July 2021, as a framework to accelerate decision making and
strengthen the response capacity. In addition, the construction
of a barrier on the Belarusian-Lithuanian border started in July. A
special Law on the Installation of a Physical Barrier on the territory
of the Republic of Lithuania at the EU External Border with the
Republic of Belarus was passed by the parliament on 12 August 2021.
The Lithuanian Government also announced a plan to offer migrants
who agree to return to their country of origin €300 each, the national
broadcaster LRT reported.
14. Following the declaration of the state of emergency, fast
track amendments to the Law on the Status of Aliens were adopted
by the Lithuanian Parliament on 13 July. On 2 August, an emergency
decision from the ministry of Interior further restricted access
to territory and asylum, which triggered additional amendments to the
said law on 10 August (article 67).
15. These amendments raise very serious human rights concerns,
as regards:
- Restrictions on access to territory and asylum procedures: Provisions include that applications for asylum may be submitted at official border points, and that asylum applications of persons crossing irregularly will not be accepted, unless exceptionally for vulnerable cases (a.67). In practice, after the entry into force of this provision, there have been no asylum applications processed in Lithuania, to the UNHCR’s knowledge, and the number of arrivals has substantially decreased.
- Use of force as a deterrent to prevent entry: The use of force against refugees and migrants who cross irregularly is foreseen, with a reference to “proportional use of violence”, the latter is being justified if there is a “threat to life and/or integrity of the police forces”.
- Penalisation for irregular border crossing: This proposed provision allows for the detention of asylum-seekers who have arrived irregularly, for a period of up to 6 months, with the possibility to extend this by 12 more months. In practice, this has created two categories of asylum seekers, namely persons who arrived prior to the law amendments, who are entitled to adequate material reception conditions and freedom of movement, and then persons who arrived after the amendments, who are subject to detention until a final decision on their asylum application is issued.
- Border procedures without adequate safeguards: Border procedures are applied without exception to all categories of asylum seekers (including persons with specific needs), removing the previous provision which foresaw that unaccompanied minors, survivors of torture, rape or other forms of serious physical or sexual violence would be channelled through the regular procedure.
- Limited access to information, interpreters, social and psychological services, the UNHCR and other refugee assisting organisations, and access to employment can be temporarily and “proportionally” restricted in times of emergency.
- Inadequate access to effective remedies, legal aid and interpretation: The adopted amendments introduce an administrative appeal stage against decisions of the Migration Department, without automatic suspensive effect, which need to be lodged within 7 days from their notification. This coupled with limited availability of legal aid and interpretation services triggers concerns over access to effective remedies.
16. The government has reported that as of 16 August 2021 a total
of 1 300 persons have been denied entry. This has led to allegations
of pushbacks. In several interviews, members of the government have
claimed that this policy is not in violation of international and
European law, as they maintain that access is available across the
official border points or applications can be launched at embassies.
A further consequence of this is that the number of arrivals has
decreased significantly from a daily average of between 100-200
persons.
17. As Lithuania never had such a high number of irregular arrivals,
its reception capacity was not ready to host such an important number
of people and was not able to provide them with basic assistance,
and in some instances acute medical assistance.
18. As reported by civil society actors, all those who arrived
in an irregular manner were detained, including children and other
vulnerable asylum-seekers.
19. On 28 July, the UNHCR raised serious concerns about access
to asylum, detention, freedom of movement restrictions and absence
of legal safeguards.
20. On 24 August 2021 the Commissioner for Human Rights Council
of Europe, Dunja Mijatović, published a letter addressed to the
Lithuanian Prime Minister, expressing concerns regarding the removal
of safeguards in the asylum procedure, detention, and possible pushbacks
in response to arrivals across the Belarusian border. In reply,
the Lithuanian Prime Minister indicated the deep concern of the
Lithuanian authorities to the instrumentalisation of migrants by
the Belarus authorities and addressed the recent legislative changes
in Lithuania requiring asylum applications to be submitted at designated
points and introducing a mandatory pre-trial procedure for appeals
against negative asylum decisions. The government also indicated
that it had reinforced the capacity of the relevant authorities
to process asylum applications.
21. The Lithuanian Red Cross, Caritas, Maisto Bankas and other
humanitarian organisation are helping the government to provide
first aid to migrants, however their capacity is limited, and more
international assistance is needed. The local population actively
responds to the calls of NGOs for donations to cover the basic needs of
migrants, however more co-operation is required from the part of
border guard to make this response more needs oriented.
22. The Lithuanian authorities asked the international community,
in particular the European Union, to provide them with technical
and political support.
23. Some media resources have indicated an increase in tension
at the level of local communities, in particular in Dieveniskes and
Rudninkai, where people are worried about their security, as they
have witnessed an unprecedented presence of police on their streets.
and
Rudninkai, where people are worried about their security, as they
have witnessed an unprecedented presence of police on their streets. 3. Situation at the Latvian border
24. As reported by the Latvian
authorities, at the beginning of August, 295 irregular migrants
were detained on the border with Belarus, while so far, a total
of 355 persons were apprehended and sent to reception facilities.
25. As in Lithuania, the majority of these persons were from Iraq,
but there were also persons from other countries. Among these persons
were women and unaccompanied minors. The Latvian authorities have
said that all these persons applied for asylum and their applications
would be considered individually.
26. On 10 August 2021, the Latvian Government and Parliament declared
a state of emergency in four regions at the Latvian-Belarusian border,
lasting from 11 August to 10 November 2021. During the state of emergency,
border guards are allowed to pushback by force any new arrivals
and can refuse asylum applications.
27. As reported by Reuters , after the introduction of the state
of emergency, persons arriving irregularly were pushed back and
asked to cross the border at the official border crossing points
in order to apply for asylum. In August 2021, 41 persons from Iraq
(30 adults and 11 children, including 2 children under the age of one)
were stuck at the border between Belarus and Latvia in dire conditions
and were not able to ask for asylum.
, after the introduction of the state
of emergency, persons arriving irregularly were pushed back and
asked to cross the border at the official border crossing points
in order to apply for asylum. In August 2021, 41 persons from Iraq
(30 adults and 11 children, including 2 children under the age of one)
were stuck at the border between Belarus and Latvia in dire conditions
and were not able to ask for asylum. 28. Latvia's Interior Minister, Marija Golubeva, reported that
59 migrants had been turned back since the introduction of the state
of emergency. Latvian border guards were reinforced by police and
military forces and the construction of a temporary border fence
was started. The Minister confirmed that “in co-operation with non-governmental
organisations on the ground, border guards were handing out food,
clothing and the necessary medicines” to people who were on the
Belarusian side of the border.
29. The Latvian Prime Minister, Arturs Krišjānis Kariņš, accused
the Belarusian authorities of launching a hybrid war against the
European Union in response to sanctions and called other EU countries
to show a strong resistance to what it saw as Belarusian manipulation.
4. Situation at the Polish border
30. In August 2021, Poland, which
has a 418,24 km long border with Belarus registered an important increase
of irregular border crossings. As reported by the Polish Interior
Ministry, between 1 and 18 August, some 2 100 migrants tried to
enter Poland via Belarus, out of whom 1 342 were prevented from
entering. More than 700 migrants were placed
in closed centres.
More than 700 migrants were placed
in closed centres.31. The Polish Government reacted by sending troops to reinforce
the border and started the construction of a border protection fence,
as was announced by the Defence minister on 23 August 2021. Human rights organisations, such
as the Helsinki Foundation for Human Rights and Amnesty International
claimed that the Polish border guards were conducting pushbacks.
The Polish foundation Ocalenie, which was monitoring the situation
at the border reported on its social media sites that some migrants
were sick, however they had not received any medical assistance
from the Polish authorities.
Human rights organisations, such
as the Helsinki Foundation for Human Rights and Amnesty International
claimed that the Polish border guards were conducting pushbacks.
The Polish foundation Ocalenie, which was monitoring the situation
at the border reported on its social media sites that some migrants
were sick, however they had not received any medical assistance
from the Polish authorities.32. The situation in Poland became highly mediatised when journalists
filmed 32 asylum-seekers from Afghanistan and Iraq, including 4
women, 27 men and 1 teenage girl, stuck at the Polish border, in
Usnarz Gorny, without food, clean water, and any hygienic facilities.
33. The amendment to the Regulation of the Minister of the Interior
and Administration of 13 March 2020 on the temporary suspension
or restriction of border traffic at specific border crossing points
was passed on 20 August 2021. These new provisions aim to simplify
the return procedure of foreigners who are not listed in the regulation.
Such persons are returned to the border line. This act raises serious
concerns in relation to the 1951 Refugee Convention.
34. On 21 August 2021, at the request of Prime Minister Morawiecki
a video conference was organised with the Prime Ministers of Lithuania,
Latvia and Estonia. They exchanged information on ongoing measures
and the situation at the EU border and agreed that the ongoing border
protection measures were having a positive effect, as there had
been a decrease in the number of attempts to illegally cross the
border. They agreed that the Belarusian authorities bore full responsibility
for the situation on the border and that there was a need for joint
action in the field of providing precise information which was important
for the public and international partners.
35. After these developments, the Polish Government introduced a state of emergency in
two provinces Podlaskie and Lubelskie, bordering Belarus, in this
way restricting access to the border area. This was strongly criticised
by Amnesty International, whose Director for Europe, Nils Muižnieks,
said: “A state of emergency allows a State to restrict certain human
rights in extreme circumstances where there is a “threat to the
life of the nation”. No such threat exists in Poland where the authorities
are attempting to cynically exploit this power to target asylum
seekers and those who support them”.
introduced a state of emergency in
two provinces Podlaskie and Lubelskie, bordering Belarus, in this
way restricting access to the border area. This was strongly criticised
by Amnesty International, whose Director for Europe, Nils Muižnieks,
said: “A state of emergency allows a State to restrict certain human
rights in extreme circumstances where there is a “threat to the
life of the nation”. No such threat exists in Poland where the authorities
are attempting to cynically exploit this power to target asylum
seekers and those who support them”. 36. During the period of the state of emergency, the following
types of limitations of human and civil liberties and rights were
introduced:
36.1. suspension of the
right to organise and hold assemblies in the area covered by the
state of emergency;
36.2. the obligation to have an identity card or other document
confirming identity by persons, 18 years of age or older, in public
places in the state of emergency, and for schoolchildren under 18,
a school ID card;
36.3. a ban on staying at designated places and facilities located
in the area at the set time under a state of emergency;
36.4. prohibition of recording by technical means the appearance
or other features of specific places, objects or areas located in
the area covered by the state of emergency;
36.5. limiting the right to possess firearms, ammunition, explosives
and other weapons in the area of the state of emergency;
36.6. restrictions on access to public information regarding
activities carried out in the area covered by the state in connection
with the protection of the State border and the prevention and counteracting
of illegal migration.
37. On 25 August 2021, the Council of Europe Commissioner for
Human Rights addressed a letter to Poland calling on Warsaw to find
a solution to protect the human rights of the people stranded at
the border and to ensure that their humanitarian needs were met.
She also asked the authorities to ensure that migrants stuck at
the border had access to organisations providing humanitarian or
legal assistance, and that people should be able to apply for international
protection for which they are entitled.
38. In reaction to these events, on 25 August 2021, the European
Court of Human Rights issued interim measures calling on Poland
and Latvia to provide “food, water, clothing, adequate medical care
and, if possible, temporary shelter” to these persons. On 15 September
2021 the Court decided to prolong until 27 September 2021 the interim
measure indicated under Rule 39 of the Rules of Court.
to these persons. On 15 September
2021 the Court decided to prolong until 27 September 2021 the interim
measure indicated under Rule 39 of the Rules of Court.39. The Polish authorities said they sent a humanitarian aid convoy
to Belarus, which was stopped at the border by Belarusian forces.
It appears that Belarus rejected the offer of assistance, thus indicating
a lack of interest to de-escalate the human rights emergency.
40. However, as reported by the UNHCR on 1 September 2021, in
co-operation with the Belarusian Red Cross, the group of Afghan
migrants and asylum seekers were ultimately provided with necessary humanitarian
assistance.
41. It should be stressed that Polish civil society has strongly
mobilised to oppose their government’s restrictive policy towards
asylum seekers. They mobilised many Polish citizens who were ready
to accommodate migrants and asylum seekers in their homes. Even
the Polish Archbishop, Wojciech Polak, called the government to
show good will and hospitality towards new arrivals.
42. In a letter to the Polish Prime Minister, sent on 23 August
2021, the Polish Human Rights Ombudsman, Marcin Wiącek, said that
“refusing to accept applications for international protection from
foreigners residing in the border area was a violation of international
law” . He asked the minister of Interior
and Administration to oblige the border guards to accept asylum
applications from migrants blocked at the frontier.
. He asked the minister of Interior
and Administration to oblige the border guards to accept asylum
applications from migrants blocked at the frontier.43. On 17 September 2021, the Polish Sejm voted in favour of a
draft law prepared by the ministry of Interior aimed at restricting
access to territory and asylum to persons entering Poland outside
official border crossings.
44. As reported by the media on 19 September, four bodies were
found by the Polish authorities near the border with Belarus. Three
migrants died after crossing the Polish border and one migrant was
found dead on the Belarusian side of the border. This is regretfully one of the consequences
of the restrictive measures taken.
This is regretfully one of the consequences
of the restrictive measures taken.5. European Union’s reaction on the situation at the its external borders
45. The European Union has taken
a firm position on the situation at the Belarusian border by condemning the
Belarusian authorities and expressing support for Lithuania, Latvia
and Poland.
46. On 30 July 2021, the Council of the European Union issued
a declaration by the High Representative on behalf of the European
Union on the instrumentalisation of migrants and refugees by the
Belarusian authorities. The declaration clearly stated that
“people who had no right to stay should be returned”, and that the
EU would apply targeted measures against migrant smugglers abusing
human rights. It also announced the immediate deployment of the
Frontex rapid border forces and provision of technical assistance.
The declaration clearly stated that
“people who had no right to stay should be returned”, and that the
EU would apply targeted measures against migrant smugglers abusing
human rights. It also announced the immediate deployment of the
Frontex rapid border forces and provision of technical assistance.47. On 18 August 2021, an extraordinary meeting of Home Affairs
ministers was organised on-line in the framework of the Integrated
Political Crisis Response mechanism, the European Council's crisis
framework for co-ordinating responses to the crises at the highest
political level. The EU High Representative for Foreign Affairs,
Joseph Borrell, the European Commissioner for Home Affairs, Ylva
Johansson, as well as the representatives of Frontex, European Asylum
Support Office (EASO) and Europol took part in the meeting. In the Presidency
Statement on the situation at the EU's external borders with Belarus issued by the Slovenian Presidency as a result of the
meeting, the ministers “condemned and rejected
Belarus’ use of migratory pressure, its contribution to the organisation
of illegal border crossing to Lithuania, as well as Poland and Latvia,
and its attempts to instrumentalise human beings for political purpose”.
the ministers “condemned and rejected
Belarus’ use of migratory pressure, its contribution to the organisation
of illegal border crossing to Lithuania, as well as Poland and Latvia,
and its attempts to instrumentalise human beings for political purpose”.48. The statement also underlined that the EU member states had
already “provided their technical and human resources assistance
to the countries in need, including providing funding to increase
reception capacities, facilitate the integrated border management
and develop adequate legal frameworks to ensure effective protection
of EU external borders and effectively tackle future situations,
when migration is used for political purpose.” The EU will grant
emergency assistance to the three countries to extend their border surveillance
system on the border with Belarus. The statement also underlined
the importance of dialogue and partnership with third countries
of origin and transit on readmission and return of migrants. The
Slovenian Presidency will also organise a discussion on the implementation
of Article 25 of the Visa Code on issuing visas with limited territorial
validity as a priority measure in special cases.
49. On 26 August 2021, the European Commissioner for Home Affairs
stated that the situation on the Belarus border was “not a migration
issue, but part of the aggression of Lukashenko towards Poland,
Lithuania and Latvia, with the aim to destabilise the EU”.
50. On 2 September 2021, the European Parliament, and in particular
its Committee of Foreign Affairs, held an exchange of views with
high officials on the situation at EU’s external border. During
this meeting the high official from the European External Service
(EEAS) reported that new sanctions were in preparation against Belarus
over the flood of migrants across the country's borders.
6. Response of the Belarusian authorities
51. As has been indicated earlier
in the report, the Belarusian authorities have denied as unfounded
the accusations that they have been organising illegal migration
channels and that they are attempting to politicise the issue by
waging a so called “hybrid” war by means of use of illegal migration
channels. They wrote to the President of the Assembly, Rik Daems,
and also to the Committee on Migration, Refugees and Displaced Persons
to express their concerns.
52. They seek to explain that the curtailment of cross-border
co-operation projects on border issues and international technical
assistance as a result of sanctions has reduced their possibility
to stop the irregular flow of migrants, asylum, seekers and refugees.
They furthermore state that they have reached out to the European Commission
with proposals to hold consultations, but that these advances have
not been reciprocated. In addition, they have informed the Assembly
that they continue to implement measures to combat organised forms
of illegal transit migration, and that in the first half of 2021,
they stopped 11 channels of illegal migration to the EU (which is
reportedly 6.5 times higher than in 2020). Furthermore, the Belarusian
authorities are critical about the pushbacks being conducted by
their neighbours and the treatment which many of these persons have
faced by the authorities in question.
7. Human rights concerns
53. The situation at the Belarus
border raises a number of serious human rights concerns.
54. As reported by the authorities of the countries concerned,
the majority of migrants and asylum seekers appear to have arrived
in Belarus by organised flights from Baghdad to Minsk. Some of them
paid important amounts of money being promised to be brought directly
to an EU country. Some of the persons concerned arrived from the
Russian Federation. When in Belarus, they were transferred by cars
or other transport to the border, escorted by masked military men.
This appears to show that the unprecedented increase in migration flows
at the Belarusian border was artificially organised, as promised
by President Lukashenko at the end of May in response to sanctions
imposed by the European Union in June. An estimated by Frontex indicates
that 3 000 to 11 000 persons of Iraqi nationality are currently
still in Belarus”. Manipulation of migrants for political purposes
by the Belarusian authorities can be classified as a serious violation
of human rights. As indicated by the UNHCR in its general statement
on 27 July 2021: “When States encourage population outflows to neighbouring
countries, they create grave risks and compound the trauma and suffering
of people fleeing. It drives risky onward movements, exposes people
to potential exploitation, and can overwhelm reception capacities
in other countries”.
55. This is exactly what happened at the Belarus border with Lithuania,
Latvia and Poland. These countries have never experienced such an
important inflow of migrants and asylum seekers and did not have
appropriate accommodation facilities ready, and trained staff to
welcome them. This however cannot justify their inadequate response
to the needs of asylum seekers, and as recorded by human rights
organisations, many migrants and asylum seekers have been blocked
for several weeks on the border in very difficult and inhumane conditions,
without access to drinking water and food, medical assistance, sanitation facilities
and shelter.
56. The use of force by border guards was reported by some migrants
to the media. In Lithuania, most of the sites where migrants are
placed are overcrowded, have no air-conditioning/heating and no
separated hygienic facilities. Some migrants have been placed in
tents and with winter coming they will not be able to survive without
heating, and adequate accommodation. Such reception conditions pose
a serious threat to these persons’ lives and health.
57. As for the situation with the 32 asylum seekers blocked at
the Polish border, the authorities failed to respond to their asylum
requests and to provide adequate humanitarian assistance, which
was reflected by the European Court of Human Rights in its interim
measures indicated on 25 August 2021 in the cases of Amiri and Others v. Poland and Ahmed and others v. Latvia. The Council of Europe Commissioner
for Human Rights, as noted earlier, has appealed to Poland and Latvia,
reminding these countries of their obligations to fully respect
the rights of refugees, migrants and asylum seekers and enable those
who wish to apply for asylum the opportunity to do so.
The Council of Europe Commissioner
for Human Rights, as noted earlier, has appealed to Poland and Latvia,
reminding these countries of their obligations to fully respect
the rights of refugees, migrants and asylum seekers and enable those
who wish to apply for asylum the opportunity to do so.58. In response to the European Court’s decision, the Latvian
authorities indicated that they would fully respect the interim
measures, while the Polish authorities claimed that they were not
able to provide necessary assistance due to the refusal of co-operation
by the Belarusian authorities. In response to the Court’s decision, the
Latvian authorities admitted 11 migrants (6 adults and 5 children)
onto Latvian territory for humanitarian reasons, therefore on 15
September the Court decided to lift interim measures in the case Ahmed and Others v. Latvia (application
no. 42165/21).
59. At the same time, the European Court of Human Rights in the
same decision ruled that Poland and Latvia did not have the obligation
to allow Iraqi and Afghan asylum seekers on their territories, as
the States “have the right… to control entry, residence and expulsion
of aliens”.
60. Under European Union law and the 1951 Refugee Conventions,
the EU member States have the obligation to provide humanitarian
assistance to asylum seekers and ensure individual assessments of
their asylum claims. The right to asylum is a fundamental human
right and it is applied to regular and irregular migrants. The denial
of entry to a territory or pushbacks without the possibility to
apply for asylum could be considered as a violation of international
law.
61. Another decision on interim measures, in respect of Afghan
nationals at the Lithuanian Belarusian border was issued by the
European Court of Human Rights on 8 September. The case concerns
five Afghanis who were not able to enter Lithuania and were stranded
at the border. Since 5 September 2021 they were hiding on Lithuanian
territory and asked not to be expelled back to Belarus. The Court
banned Lithuania from sending these persons back. Meanwhile, the
Lithuanian border guards detained the Afghans 250 meters from the
Lithuanian border with Belarus and announced that they would be
able to apply for asylum in Lithuania. On
15 September, the media reported that Lithuania will ask the European
Court of Human Rights to lift its interim measures regarding the
five Afghan nationals due to the fact that the applicants provided
the Court with false information.
On
15 September, the media reported that Lithuania will ask the European
Court of Human Rights to lift its interim measures regarding the
five Afghan nationals due to the fact that the applicants provided
the Court with false information.62. The Commissioner of Human Rights in her letter to the Prime
Minister of Lithuania on 10 August 2021 stressed that “it is crucial,
that Council of Europe member States, when dealing with challenges
related to migration movements, uphold the standards set in the
European Convention on Human Rights (ETS No. 5), the 1951 Refugee
convention, and other key legal instruments.” She also recalled that the principle
of non-refoulement should
be respected in any response to migration pressure situation.
She also recalled that the principle
of non-refoulement should
be respected in any response to migration pressure situation.63. An extensive use of detention in these situations is particularly
worrying. The accelerated procedures of legislative amendments in
all countries concerned introducing a number of restrictive measures
significantly affects the safeguards of migrants and asylum-seekers,
including vulnerable persons. The Assembly has firmly expressed
its position in a number of its resolutions that migrants and asylum
seekers should never be detained solely for having crossed a border
irregularly.
64. Unfortunately, the situation at the EU eastern border has
shown that Europe is not ready for such a migratory and asylum challenge,
despite many indicators of possible migration flows. Moreover, this
situation provoked a new wave of anti-migrant rhetoric, which resulted
in building new fences in Europe to prevent the arrival of migrants,
refugees and asylum seekers.
65. It is clear, that the European Union urgently needs to reconsider
its reception procedures and solidarity mechanism. It is also important
to develop effective contingency preparedness with flexible and
adjustable reception mechanism, human-centred responses and adequate
funding. The UNHCR, International Organization for Migration and
Organisation for Economic Co-operation and Development (OECD) will
have an important role to play in this process.
8. Conclusions
66. The Assembly should call on
the Belarusian authorities to stop the instrumentalisation of migrants, refugees
and asylum seekers, in particular those in a vulnerable situation
67. The Assembly considers that effective border management by
Council of Europe member States should be accompanied by adequate
responses to the rights of asylum seekers. Border management should
be fully compliant with European and international law standards
and in particular the European Convention on Human Rights and the
Convention Relating to the Status of Refugees.
68. Access to territory and asylum procedures should be granted
without exception to those who wish to apply for asylum. Individual
assessments of the situation of each asylum seeker should be undertaken
prior to any removal from European territory. Adequate reception
conditions, medical assistance and unhindered access for organisations
providing humanitarian assistance and legal aid also need to be
ensured.
69. At the same time, Council of Europe member States should assist
Latvia, Lithuania and Poland to establish effective arrangements
to ensure reception and accommodation and provide access to fair
and prompt asylum procedures.