UNEASY MISSION OF NGOS IN PROTECTION AND RECEPTION OF ASYLUM SEEKERS AND REFUGEES IN POLAND. REFLECTIONS FROM FIELDWORK

Image: courtesy to the Foundation Ocalenie | The programme ‘Welcome Home’ of the Foundation Ocalenie, more: https://witajwdomu.org.pl/

by Justyna Szałańska | Centre of Migration Research, University of Warsaw

Since 2015, non-governmental organizations (NGOs) active in helping asylum seekers and refugees have been facing difficult times in Poland. Firstly, it stems from the heated atmosphere around increased migration to Europe beginning in the mentioned year. Secondly, and more significantly, it is an effect of the government withholding the funds from the European Asylum, Migration and Integration Fund (AMIF) in late 2015 until the new strategy of migration policy of Poland is adopted (see more: Pędziwiatr 2019)[1]. In 2017, the government decided to transfer the control over funds from AMIF to voivodship governors. As a consequence, the allocation of funds has been carried out in closed competitions, intended only for (or above all) public institutions. As of 2018, only one project was implemented by an NGO and in five others they were partners of public institutions (probably voivodes). None of the joint projects included support for asylum seekers (see more: Klaus 2018).[2]

In Poland, there are more than twenty NGOs that offer assistance to asylum seekers and refugees, out of which the most recognizable are probably the following: Helsinki Foundation for Human Rights, Legal Intervention Association, Foundation Ocalenie, Foundation for Somalia, Halina Nieć Legal Assistance Centre, the Rule of Law Institute, Caritas, Polish Migration Forum, and Refugee.pl. Although the majority, if not all, of the NGOs have experienced recent difficulties in their daily activity, one of them was particularly affected. In September of 2019, the foundation Refugee.pl announced its decision to shutdown due to lack of funding. Refugee.pl led pre-integration and integration projects for newcomers, among its activities having been: conducting orientations for the society course in the Centres for Foreigners in Linin and Dębak, information and educational meetings with specialists in the Centres, running a kindergarten and after-school clubs for schoolchildren in the Centres, workshops for children and young people at the Centres, organization of events open to foreigners and local communities in the Centres, and social and information counselling in Warsaw and the Centres. In the atmosphere of uncertainty and unknown future of the migration policy’s course, the other organizations try to fulfil their mission and provide asylum seekers with legal assistance and basic services despite the unfavourable circumstances.

As the micro-level interviews in Poland that were carried out by the Polish team of the RESPOND project in 2018-2019 proved, many asylum seekers would not have been able to discern their rights in the asylum procedure without the legal assistance offered by NGOs. The involvement of the mentioned organizations was crucial at the stage of appeal against the decisions of the Office for Foreigners (OFF) and the second instance procedure, since without good knowledge of Polish and the asylum law even submitting an appeal hardly seemed to be possible. Our interviewees appreciated the engagement of NGO lawyers in their cases, especially their help in preparing relevant letters and applications as well as other necessary documentation. In fact, NGOs in Poland demonstrate proactivity in this area, as they often approach asylum seekers in the Centres for Foreigners asking whether they need legal assistance. 

The other important role of NGOs, with regard to protection of asylum seekers, is related to watchdog activities which include, although are not limited to, the monitoring of access to the asylum application at the borders. A good example is the monitoring visit by the Helsinki Foundation for Human Rights’ representatives at the Brześć-Terespol (Brest-Terespol) border crossing between Belarus and Poland held in 2016. One of the purposes of the mentioned visit was observation of access to the procedure of filing an application for international protection at the Terespol border crossing point. The activists also asked foreign nationals about their experiences in contacts with Polish Border Guard (Straż Graniczna). As a result of the visit, the Helsinki Foundation revealed violations of Polish, EU and international law in the conduct of the Border Guard Officers who prevented the initiation of the procedure for granting international protection[3].

Another area with a tremendous presence of NGOs in Poland is reception. The asylum seekers and refugees who talked to us listed a number of services they got from NGOs: Polish language classes, orientation courses, cultural classes and meetings, psychological help, and assistance in finding accommodation and its maintenance. Owing to the programme ‘Welcome Home’ of the Foundation Ocalenie, 20 refugee families were or will be provided with accommodation and Polish language classes[4]. The programme is solely based on private donations. Overall, more than 500 asylum seekers, refugees and immigrants from outside of the EU attend the Polish language classes offered by Ocalenie. The classes are run by 50 volunteers and are offered for free[5].

What needs to be underlined is that the organizations in Poland nowadays face unfavourable circumstances for their activity and the most important factor is the lack of institutional long-term funding for a majority of them. Sadly, it seems to be a consequence of the deliberate policy of the government (see more: Klaus 2018).[6] The assistance the NGOs provide the asylum seekers and refugees is tremendous and should be widely recognized as putting the responsibility to protect principle into practice.

[1] https://www.respondmigration.com/blog-1/migration-policy-politics-poland

[2] Witold Klaus, Karanie za pomoc - jak rządy zniechęcają organizacje społeczne wspierające migrantów i ich aktywistów do działania?, 2018, https://www.academia.edu/38007489/Karanie_za_pomoc_-_jak_rz%C4%85dy_zniech%C4%99caj%C4%85_organizacje_spo%C5%82eczne_wspieraj%C4%85ce_migrant%C3%B3w_i_ich_aktywist%C3%B3w_do_dzia%C5%82ania

[3] The result of the mentioned monitoring visit the Helsinki Foundation for Human Rights was a report ‘A road to nowhere. The account of a monitoring visit at the Brześć-Terespol border crossing between Poland and Belarus’, by Marta Górczyńska and Marta Szczepanik, October 2016, available here: https://www.hfhr.pl/wp-content/uploads/2016/11/raport-droga-donikad-EN-web.pdf

[4] The Foundation Ocalenie, https://ocalenie.org.pl/nasze-dzialania/pomagamy/witaj-w-domu

[5] The Foundation Ocalenie, https://ocalenie.org.pl/nasze-dzialania/pomagamy/kursy-polskiego-dla-doroslych

[6] Witold Klaus, Karanie za pomoc - jak rządy zniechęcają organizacje społeczne wspierające migrantów i ich aktywistów do działania?, 2018, https://www.academia.edu/38007489/Karanie_za_pomoc_-_jak_rz%C4%85dy_zniech%C4%99caj%C4%85_organizacje_spo%C5%82eczne_wspieraj%C4%85ce_migrant%C3%B3w_i_ich_aktywist%C3%B3w_do_dzia%C5%82ania