Monitoring of asylum procedures. Letter of the CHR to the Ministry of Interior and Administration
Date:
Draft Implementation Plan for the document adopted by the Council of Ministers entitled ‘Take back control. Ensure Security. Poland's Comprehensive and Responsible Migration Strategy for 2025-2030‘ provides for the Commissioner for Human Rights to play a central role in the system for monitoring foreigners’ access to protection.
Commissioner Wiącek writes that the CHR, as a constitutional body with an independent system position, performs a protective, monitoring and preventive function, safeguarding human and civil liberties and rights. Active participation in the shaping of the state's migration policy goes beyond the scope of the Commissioner's competence, as defined by the provisions of the Act of 15 July 1987 on the Commissioner for Human Rights.
The issue of assigning additional tasks - consisting in monitoring the procedure for obtaining national and international protection and creating a model for such monitoring, in the case of minors in cooperation with the Ombudsman for Children - was already raised by the CHR in his letter of 22 October 2024.
In his response, the Minister wrote that all future legislative proposals and amendments ‘will be subject to broad agreements, consultations and opinions, also with the participation of the CHR’.
‘Therefore, I was surprised to receive the draft Implementation Plan, which indicates that as early as the second quarter of 2025, a system for monitoring foreigners' access to protection is to be developed, with the Commissioner playing a central role. Given the lack of detailed information on the specific role of the CHR, the absence of appropriate resources enabling the CHR to carry out this task, and the short timeframe for its implementation, I cannot respond positively to the presented draft Implementation Plan,’ wrote Commissioner Marcin Wiącek.
The Commissioner remains open to working together to ensure that the implementation of the Migration Strategy Implementation Plan is in line with international and national human rights standards and commitments of the Republic of Poland.
https://bip.brpo.gov.pl/pl/content/rpo-ochrona-cudzoziemcow-monitorowanie-projekt-mswia
