In a move that has sparked widespread debate, Poland's parliament has given its approval to proposals aimed at decriminalizing the use of firearms by border guards in certain situations for self-defence purposes. The decision has received backlash from human rights NGOs, who argue that these legal changes go against established human rights standards. However, the government argues that such measures are crucial for safeguarding Poland's border with Belarus, which has seen an increase in the activities of aggressive migrant gangs.

The need for such legislation was highlighted last month when a 21-year-old soldier tragically lost his life while trying to prevent migrants from entering the country illegally. Warsaw has accused Belarus of actively encouraging Asian and African migrants to cross into Poland, with the aim of destabilising the European Union. These developments come as a surprise, as Poland's new pro-EU government had initially promised a more humanitarian approach to handling the migrant crisis.

Following the soldier's stabbing, the government reinstated a temporary border exclusion zone, hindering public oversight as journalists and NGOs are required to obtain passes to enter the area. According to Deputy Interior Minister Maciej Duszczyk, since the crisis began three years ago, 13 border protection officers have suffered permanent health damage as a result of attacks by migrants. Mr Duszczyk has clarified that the proposed measures would only exempt officers from criminal liability if they use their weapons in response to a direct assault, specifically to protect the lives of their colleagues.

Despite concerns raised by the Council of Europe's Commissioner for Human Rights, Michael O'Flaherty, the government is keen to address any doubts about the excessive nature of these provisions. However, Mr O'Flaherty and other human rights organizations have urged MPs to reject the proposals, arguing that they contravene established human rights standards. Mr O'Flaherty believes that these new rules may inadvertently remove the disincentive for border patrols to use excessive force, potentially leading to a lack of proper investigation into cases where the use of force by state agents results in loss of life or bodily harm on the other side of the border.

Public opinion seems to support Prime Minister Donald Tusk's tough stance on border security, with a recent poll indicating that 86% of respondents are in favor of allowing soldiers to use their weapons to repel attacks by certain migrants. Last month, there was public outcry when three soldiers were detained and handcuffed after firing more than forty warning shots towards a group of migrants attempting to breach the border fence. Shortly after, Prime Minister Tusk announced plans to reintroduce the exclusion zone, which prohibits unauthorized individuals from entering certain parts of the border, and to amend firearms usage laws.

In response to Mr O'Flaherty's concerns, Deputy Interior Minister Maciej Duszczyk defended the practice of migrant pushbacks, stating that it is a proportionate reaction to immediately return migrants to the Belarusian side after crossing the border. He reassured that those who seek international protection are not subject to immediate return. NGOs estimate that 130 migrants have lost their lives in the border zone between Belarus, Poland, Lithuania, and Latvia over the past three years, often due to exposure and drowning.

The decision to grant border guards the right to use firearms in self-defence continues to be a contentious topic, with arguments revolving around the need to protect national borders versus adhering to human rights standards. As Poland takes this controversial step, it also faces warnings from the United States about the deepening ties between China and Russia.