Recent mission to border found evidence of chaotic and racist response to people fleeing Ukraine

‘Racism, hate speech and attacks must not be tolerated and perpetrators must he held accountable’ - Nils Muižnieks

UK government must step-up response to support refugees as the Nationality and Borders Bill back in Commons today

‘We urge MPs to accept amendments made by peers to moderate the dreadful impact the Bill will have on people’ - Steve Valdez-Symonds

The Polish authorities must address the chaotic and dangerous situation in Poland to ensure those fleeing the conflict in Ukraine do not face further suffering, Amnesty International said today after a 10-day visit at the border of Poland.

The number of people fleeing within Europe is unprecedented since World War Two, with Poland receiving the majority of those escaping  Ukraine and the primary responsibility for assisting them largely falling on ordinary citizens, non-governmental organisations and municipalities, resulting in enormous challenges.

The mission also noted the Polish Government’s much more open approach to people fleeing Ukraine, in stark contrast to the push back and lock up policies they have been applying to people fleeing other conflicts entering Poland through Belarus. The life-saving assistance that NGOs and volunteers are now providing to people fleeing Ukraine was previously obstructed and criminalised on the border with Belarus.

Nils Muižnieks, Amnesty International’s Europe Director, said:

“Solidarity shown by volunteers in Poland has been remarkable, but without central authorities taking responsibility and concerted action, people in need of protection and assistance risk falling through the cracks.

“People fleeing Ukraine are anxious to get reliable information about shelter, transportation and their legal status, but without coordination, people risk being deprived of such essentials, and being harassed or preyed upon by criminals.

“Many non-Ukrainian people, including those in need of international protection, are unsure of their status in Poland. Everyone fleeing the conflict must be treated with humanity and offered opportunities to carry on with their lives, regardless of their passport.

“The Polish authorities must ensure that all people who have fled Ukraine are treated with the same level of respect to protect their human rights and dignity. Racism, hate speech and attacks must not be tolerated and perpetrators must he held accountable. The government must now step up to meet these challenges and keep people safe.”

Volunteers taking the lead to support refugees, but critical gaps remain

Thousands of volunteers have provided assistance to people at the Polish borders with Ukraine, and in train stations. This has included food, housing, interpretation, and offering free transport across Europe.

Volunteers were far more visible and active than government authorities in all the places Amnesty visited, including the reception points in the immediate proximity of Medyka, the main border crossing point used by people fleeing Ukraine, and Korczowa (Hala Kijowska), and in reception centres and train stations in Przemysl and Warsaw.

However, it is not sustainable to rely on volunteers in the long term and the central government must act quickly to provide proper registration, longer-term accommodation, psycho-social support, transport and other assistance.

Despite the commendable efforts of volunteers, critical gaps remain, including the provision of information on people’s legal status. The lack of such information creates significant anxiety, particularly among non-Ukrainian nationals, and the government should provide information to all people fleeing Ukraine regarding their legal status in Poland or possibilities to move regularly to other EU countries.

People at risk of predatory crimes and violence 

People fleeing Ukraine are at risk of violence and trafficking. Amnesty visited several temporary reception facilities, including in Przemysl (“Tesco centre”) and Korczowa (Hala Kijowska), close to the borders with Ukraine. These were organised to facilitate further transportation as soon as possible, often relying on private individuals to offer transport or accommodation.

Volunteers have struggled to register new arrivals. Without formal procedures to register and track them, women, men and children who have fled Ukraine – especially those who do not speak Polish or English – are potentially at risk of abuses by people or criminal gangs looking to exploit the chaotic situation.

Amnesty observed first-hand how people arrived in Poland and immediately sought assistance from anyone willing to help. Emerging reports of gender-based violence against women and girls are of particular concern. It has been reported that the Wroclaw police arrested a 49-year-old Polish man who allegedly sexually abused a Ukrainian woman whom he had offered to host in his apartment after she had fled Ukraine.

Polish human rights organisations also said that they are receiving reports of additional cases of sexual violence, which remain confidential. They are concerned that people fleeing Ukraine, including unaccompanied children, may become victims of trafficking.

Irena Dawid-Olczyk, President of La Strada, a local organisation in Poland supporting victims of human trafficking, said:

“Children are entering Poland from Ukraine, but authorities are not registering with whom many of them are staying. In some cases, parents send them to relatives in Poland. In one case, an 11-year-old was travelling with her uncle, but the uncle was stopped at the border, so she travelled alone.”

Karolina Wierzbińska from Homo Faber a human rights organisation in Poland reported to police that a woman was approaching women and children arriving at Lublin’s train station, offering money if they gave her their passports. Staff from Homer Faber also observed men in Lublin aggressively approaching women coming from Ukraine and offering them transport and accommodation.

Amnesty is calling for the introduction of a standardised, institutional registration system of the whereabouts, family composition and destination of those fleeing, and the identities of the people offering them transport or accommodation.

Discrimination in Ukraine

Ukraine’s martial law prohibits men aged between 18 and 60 from leaving the country. People leaving Ukraine are therefore overwhelmingly women and children, as families are being separated.

These limitations have especially problematic effects on disabled men, and men with sole responsibility for their children. Some men with disabilities and in possession of certain documentation have been allowed to leave the country. However, in practice, this isn’t always happening.

Sofia, a hairdresser from Dnipro, said:

“My son lost one arm and his hearing in the previous conflict area. We were in the same car with him and my husband, but Ukrainian border officers only let women through. My son is officially [recognised as] a person with disabilities caused by the war, he officially cannot work, still they didn’t let him through.”

Sofia and two women travelling with her also recounted seeing many other men being stopped by Ukrainian border guards.

“One man was travelling with his two children, maybe about 5- and 1-year old, and was turned down. He looked like he didn’t have a wife, maybe he was a widower. The Ukrainian border guards said they [the border guards] could take the children, but not him.”

Racism in Ukraine and at the border

Amnesty also spoke to 27 non-Ukrainian nationals who fled Ukraine following the Russian invasion, including many international students and people who had been living in Ukraine for up to 20 years. Racialised people, in particular Black people, reported suffering discrimination and violence by Ukrainian forces when trying to leave Ukraine.

Many reported discriminatory treatment both when trying to board trains or buses and near border check points, while some detailed physical and verbal aggressions by Ukrainian forces and volunteers.

People from Africa, the Middle East and South Asia recounted how Ukrainian forces and staff repeatedly prevented them from boarding trains towards Poland in Lviv train station. They were told that there was a need to give priority to women and children, but African and South Asian women were reportedly also not allowed to board trains in some instances.

Bilal, a 24-year-old student from Pakistan, said: “Some face racism, some don’t, it’s based on colour of skin and gender. My friend who is black faced racism… There is a line, if you are Ukrainian, it’s easy to get across, if not, it takes a long time. The border guards used a stick on my friend, he was hurt.”

While Poland and other European countries have opened their borders to people from Ukraine, Poland has a dismal record in its treatment of people coming from other conflict areas, focusing on policies and infrastructure to deter and contain people at borders.

Foreigners have already been subjected to hatred and violence, as vividly demonstrated by an attack reported in Przemysl on 1 March, when a group of nationalist men assaulted three Indian students who had just arrived from Ukraine, in what appears to be a hatred-motivated attack.

UK government’s response to refugees

The desperate plight of people from Ukraine highlights the inadequacy and injustice of the UK’s asylum and immigration system, which is slow to respond to the current crisis. With the Nationality and Borders Bill back in the Commons today, Amnesty is calling for MPs to accept amendments made by peers to moderate the Bill because it will have a significant impact on people fleeing persecution and survivors of human trafficking.

Despite over 3.5 million refugees fleeing danger, violence and war in Ukraine, the UK government is not doing enough to step up efforts. Even more concerning is that if the Bill passes, many people seeking asylum will be criminalised.

Steve Valdez-Symonds, Amnesty International UK’s Refugee and Migrant Rights Director, said:

“Similar to what we’ve seen in Poland, the authorities in the UK lack the commitment and welcome shown by so many members of the public towards refugees.

“With the Nationality and Borders Bill back in the Commons today, we are concerned about ministers’ refusal to recognise the terrible damage and cost the Bill is set to do - particularly as it affects refugees and victims of modern slavery.

“We urge MPs to accept the amendments made by peers to moderate the dreadful impact the Bill will have on people fleeing persecution and survivors of human trafficking.

“If ministers ultimately overturn these defeats, no one could possibly regard the UK as anything, but a State deeply and intentionally committed to undermining international law and harming people most in need of protection.”

Anonymity

Names have been changed to protect the anonymity of the people seeking asylum interviewed by Amnesty.