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Notes -
Do you remember when in December 2023, Poland finally voted out the the far-right PiS party and moderate Europeans rejoiced to see Tusk become the prime minister?
Well, it seems that this joy might have been a bit premature. You see, Poland is currently being flooded by migrants from Belarus. Per the BBC:
Dozens a day might add up to ten or twenty thousand over a year. Of course, most of them don't want to stay in Poland in the first place:
The population of Poland is around 38M, and there a about 1M refugees from Ukraine in Poland without civilization ending, but the migrants via Belarus seem to tax the Polish state beyond the breaking limit.
Thus, the ultima ratio of a state fighting for its survival:
There are some things a government or legislature can suspend at will. If Tusk decides to suspend a civil servant or a subsidiary for farmers, that is his prerogative.
The right to asylum is not something you can suspend at will. I mean, if you are in the middle of a zombie virus apocalypse, a case might be made, but Poland is very much not on the brink of collapse.
Obviously, I am not suggesting that all the refugees entering via Belarus should get asylum. Likely, almost none of them qualify. But they should have a right to make their request and get a speedy rejection, followed by an appeal speedily denied by a judge and a plane ticket back to their country of origin.
Yes, this will mean that for every plane ticket that Belarus buys (or makes some migrant pay for), the EU will also need to pay for a plane ticket, but realistically that is the only way out of the situation. We do not want to compete with Belarus in "who is better at terrorizing delusional migrants", because that game can only be won by shooting more unarmed civilians than Belarus is willing to shoot.
This is feasible because the GDP of the EU is much higher than that of Russia (which also likes to spent its income on other stuff, such as killing Ukrainians). We can match them plane ticket for plane ticket. There are places where the number of migrants/refugees/asylum seekers reaches numbers where one might discuss how one can handle all the people. The border between Poland and Belarus is not such a place.
I thought that we are beyond this point already. At least since COVID, everybody knows that rights, including human rights can be suspended at will, sometimes based on unilateral decision of governing bodies for what constitutes a crisis. We now hype everything ranging from climate change through mental health or obesity or anything else as crisis, this is the feature and not a bug. It was actually one of my direct examples to many people during COVID - what prevents government to declare some arbitrary crisis and act with heavy hand?
Also this is nothing new, human rights were undermined constantly. Look at declaration of human rights and let's use Article 5
Waterboarding is widely deemed as torture and yet it was used by CIA in their War on Terror and to my knowledge nobody was punished for it.
Another one is of course article 12
This one is dead, governments routinely spy on peoples electronic correspondence and ignore their privacy. And it seems that nobody gives a shit.
Of course Article 14 is also very sketchy:
This is my favorite one when I am talking with progressives who are supposedly staunch defenders of human rights. It is interesting to watch how many people are then using legalese to weasel out of this one.
Asylum is part of Article 14:
Again, many people may bog this down into legal battles of who is asylum seeker, if Belarus is not safe country for many such people trying to cross Polish borders etc. Call me cynical, but I do not see how this should be some barrier nobody will cross.
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