The Ministry of the Interior and Administration (MSWiA) has withdrawn its proposal to punish with up to three years in prison anyone who helps people staying in Poland illegally, even when the help is provided without any personal gain. The ministry abandoned the idea after criticism from human rights organisations and the Polish Ombudsman (RPO), as well as objections from another ministry.
As Notes from Poland reports, the draft was meant to combat migrant smuggling. Activists, however, feared it would also cover humanitarian aid, for example for people who had crossed the border with Belarus illegally. According to non-governmental organisations, volunteers helping at the border would face up to three years in prison.
What the Ministry Proposed
Currently, as sources describe, the Criminal Code provides for up to five years in prison for enabling or facilitating illegal stay in Poland in exchange for a material or personal benefit. This week the ministry proposed extending the provision. Knowingly enabling or facilitating illegal stay without such a benefit would also be punishable, with up to three years in prison.
The ministry argued that such conduct is not punishable today. According to the justification cited by Notes from Poland, this creates a loophole used by people acting “under the pretext of helping migrants”. The draft was described by “Rzeczpospolita”, and lawyers warned about the effects of the changes, as Gazeta Prawna reports.
Criticism and Withdrawal
According to “Rzeczpospolita”, the solution was criticised by the Ombudsman and the Ministry of Family, Labour and Social Policy. On Wednesday, 15 October, the paper reported that after this criticism MSWiA was abandoning the idea of “punishing people for giving a meal”. See the “Rzeczpospolita” report.
In a statement quoted by the paper, the ministry wrote that it wants to rule out doubts and over-interpretation of provisions contrary to the legislator’s intent. It therefore is leaving the regulation in its current form. MSWiA also stressed that its aim from the outset was to combat smugglers, not people providing help.
What It Means
The rules are not changing. Facilitating illegal stay in exchange for a material or personal benefit remains punishable (up to five years in prison). Non-profit help, such as providing food, water or warm clothing, will not be additionally covered by penalties from this draft. This concerns, among others, volunteers and residents of the Belarusian border region who have for years helped people crossing the border. The border dispute has been ongoing for a long time: we previously wrote about the shooting of a Sudanese migrant with a rubber bullet in the Białowieża Forest.
As of publication, it is not known whether the other changes in the same draft will continue to be processed, or in what form MSWiA will present its announced measures against smugglers.
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