This paper examines migratory movements into Poland with a special emphasis on refugee mobility. In the past twenty years, almost 90 000 Chechen refugees have come to Poland, as it was the first safe country they reached. According to the Office for Foreigners data they constituted approximately 90 per cent of applicants for refugee status, 38 per cent of persons granted refugee status, 90 per cent of persons granted ‘tolerated status’ and 93 per cent of persons granted ‘subsidiary protection status’. However, a peculiarity of the Polish situation, confirmed by official statistics and research, is that ref-ugees treat Poland mainly as a transit country. The author focuses on the issue of integrating Chechen refugee children into the Polish education system, as well as Chechen children granted international protection or waiting to be granted such protection. The results of the study suggest that Polish immi-gration policy has no impact on the choice of destination of the refugees that were interviewed. None of the interviewees wanted to return to Chechnya, nor did they perceive Poland as a destination country. Children with refugee status, which enables them to stay legally in the Schengen area, ‘disappear’ not only from the Polish educational system but from Poland as a whole as well. This phenomenon hampers the possibility of achieving educational success when working with foreign children, and it challenges the immense efforts by Polish institutions to integrate refugee children into the school and the local community. Both official statistical data and research results were used in this paper.
While the number of forced migrants moving out of conflict-ridden or otherwise troubled regions into rela-tively stable and safe parts of the world is higher than ever, the countries of destination are increasingly trying to prevent migrants from reaching their territories. Given the scale of forced displacement and current trends of tightening immigration policies, it should be expected that tragedies at the borders, similar to that recently witnessed in Europe, will become the norm rather than the exception and that new discourses and practices will continue to emerge, transforming territorial borders in various parts of the world into highly conflictual and politicised ‘borderspaces’. This article is a contribution to the understanding of borders through a case study of the recent policy of ‘closed doors’ that Poland has adopted towards Russia’s North Caucasus asylum seekers at the country’s eastern border with Belarus, preventing them from entering the territory and claiming protection. It demonstrates that, through the process of ‘bordering’, power is no longer exercised only by the border guards at the crossing point in Terespol from where asylum seekers are being returned and that it is increasingly to be found in social practices that occur on both sides of the border, away from the clearance points. The article examines the various practices of resistance undertaken by the asylum seekers and other actors on several different levels in response to the changed reality at the border. It also analyses the meanings and discourses developed by Polish state actors in order to legitimise restrictive migration policies.
States and individuals are the essential building blocks of international law. Normally, their identity seems to be solidly established. However, modern international law is widely permeated by the notion of freedom from natural or societal constraints. This notion, embodied for individuals in the concept of human rights, has enabled human beings to overcome most of the traditional ties of dependency and being subjected to dominant social powers. Beyond that, even the natural specificity of a human as determined by birth and gender is being widely challenged. The law has made far-going concessions to this pressure. The right to leave one’s own country, including renouncing one’s original nationality, epitomizes the struggle for individual freedom. On the other hand, States generally do not act as oppressive powers but provide comprehensive protection to their nationals. Stateless persons live in a status of precarious insecurity. All efforts should be supported which are aimed at doing away with statelessness or non-recognition as a human person through the refusal to issue identity documents.
Disputes about the collective identity of States also contain two different aspects. On the one hand, disin tegrative tendencies manifest themselves through demands for separate statehood by min ority groups. Such secession movements, as currently reflected above all in the Spanish provin ce of Catalonia, have no basis in in ternational law except for situations where a group suffers grave structural discrimin ation (remedial secession). As the common homeland of its citizens, every State also has the right to take care of its sociological identity. Many controversies focus on the distin ction between citizens and aliens. This distin ction is well rooted in domestic and in ternational law. Changes in that regard cannot be made lightly. At the universal level, international law has not given birth to a right to be granted asylum. At the regional level, the European Union has put in to force an extremely generous system that provides a right of asylum not only to persons persecuted in dividually, but also affords “subsidiary protection” to persons in danger of bein g harmed by military hostilities. It is open to doubt whether the EU in stitutions have the competence to assign quotas of refugees to in dividual Member States. The relevant judgment of the Court of Justice of the European Union of 6 September 2017 was hasty and avoided the core issue: the compatibility of such decisions with the guarantee of national identity established under Article 4(2) of the EU Treaty.
In this paper we review the significant political events and economic forces shaping contemporary mi-gration within and into Europe. Various data sources are deployed to chronicle five phases of migration affecting the continent over the period 1945–2015: immediate postwar migrations of resettlement, the mass migration of ‘guestworkers’, the phase of economic restructuring and family reunion, asylum-seek-ing and irregular migration, and the more diverse dynamics unfolding in an enlarged European Union post-2004, not forgetting the spatially variable impact of the 2008 economic crisis. In recent years, in a scenario of rising migration globally, there has been an increase in intra-European migration com-pared to immigration from outside the continent. However, this may prove to be temporary given the convergence of economic indicators between ‘East’ and ‘West’ within the EU and the European Eco-nomic Area, and that ongoing population pressures from the global South, especially Africa, may inten-sify. Managing these pressures will be a major challenge from the perspective of a demographically shrinking Europe.