Commissioner for Human Rights

18 December  is International Migrants Day, established by the United Nations General Assembly in 2000 to promote human rights and fundamental freedoms of all individuals living outside their country of origin.
In recent years, armed conflicts and climate change have significantly contributed to the forced displacement of people, both within countries and across borders. According to the UN, in 2020, the global number of international migrants—people living in a country other than their country of birth—reached 281 million, with 86.7 million in Europe. Eurostat indicates that 23.8 million people (5.3%) out of 446.7 million living in the European Union at the beginning of 2022 were non-EU citizens. As of the end of 2019, the Central Statistical Office estimated the number of foreigners in Poland at 2.1 million people, while the WEI Institute estimates the current number of migrants, both official and unofficial, in Poland at around 3.5–4 million.
Migrants, including refugees, constitute one of the most vulnerable and marginalised groups in society. They often have limited access to information and basic services, including healthcare, making them vulnerable to abuse and exploitation. Many migrant workers often engage in temporary or informal work, exposing them to greater risks of poor working conditions.
Commissioner for Human Rights consistently advocates for respecting the rights of migrants, emphasising that the state should ensure their dignified treatment and guarantee respect for their rights and freedoms.
In his latest communication to the Minister of Internal Affairs and Administration, the Commissioner highlights the key issues related to upholding the human rights and fundamental freedoms of migrants, especially those with undocumented status seeking protection in Poland.
The Commissioner points out the issue of pushbacks by the Border Guard which effectively prevent asylum seekers from crossing the Polish border and deny those who have already done so the opportunity to effectively apply for international protection. The obligation to ensure access to the asylum procedure is guaranteed by the Polish Constitution and ratified international law. Therefore, the Commissioner calls for changes to the regulations that allow for the return of foreigners to the border line without conducting a thorough examination of each case and without sufficient guarantees of protection from inhumane treatment.
The Commissioner also highlights the problem of reducing the minimum living space per person in guarded detention centres or immigrant detention centres to 2 square metres, which is even lower than the minimum adopted in prisons, where the living space for an inmate is at least 3 square metres. The introduced norm is inconsistent with international standards for the protection of the rights of persons deprived of their liberty and blatantly violates the dignity of individuals placed in guarded centres. Housing migrants in such a manner may be considered a manifestation of inhumane or cruel treatment. The Commissioner asks the minister to change the regulations governing this issue as well.
In the Commissioner's assessment, the implementation of the proposed changes will positively impact the situation of migrants residing in Poland (including those with undocumented status) and will enable the full realisation of their fundamental rights.