Chechens are the largest group seeking refugee status in Poland. In 2003 out of 7 thousand applications to receive refugee status 3 thousand were sent in by Chechens. Only about 300 people were actually granted the status.
The Republic of Poland is a party to the Geneva Convention for refugee status since 1991. As a consequence of this, it should grant refugee status to people who, as a result of justified fear of persecution on the basis of race, religion, nationality and appurtenance in a certain social group or because of political convictions, cannot or do not wish to enjoy the protection of their own country. According to international organisations dealing with human rights, genocide against this Caucasian nation´s citizens is taking place in the Chechen Republic. They are under threat of persecution just because they are members of this nation.
Despite of this, the Office of Repatriation and Aliens, responsible for considering the applications to grant refugee status, makes positive decisions only in about 10% of the Chechen cases. The authorities argue that the rest of the Chechens who apply, do not meet the prerequisites required to receive refugee status.
Although, based on the legal act granting foreigners protection in the Republic of Poland of June 13th 2003, those Chechens, who are not granted this status, shall receive the so called tolerated residence, however this only means that they will not be deported from Poland. They have the right to work and receive social service, but in reality they are not included in any programme of integration.
The situation is totally different for those people who have been granted the status – they are under the protection of a programme of integration, they learn the language, receive financial support, assistance in finding housing etc.
The Helsinki Foundation for Human Rights handles legal support for foreigners and refugees. Its representatives participated, among others, in the work of the Parliamentary subcommittee concerning legal acts regulating the status of foreigners and refugees in Poland. As our organisation´s experts tell us, the Chechens are persecuted in their country because of nationality, thus in accordance with the Geneva Convention they fulfil the prerequisites for granting them refugee status.