European Law Open (Mar 2024)

Fenced Europe: A more-than-human perspective to border control. The case of Białowieża

  • Cezary Błaszczyk,
  • Eva Bernet Kempers,
  • Laura Burgers

DOI
https://doi.org/10.1017/elo.2024.6
Journal volume & issue
Vol. 3
pp. 90 – 110

Abstract

Read online

Belarus willingly uses migrants as a tool for political pressure, sending them into forests bordering the EU. This prompted Poland to secure its territory with additional troops and, first, to build a razor wire fence, and, second, to build an entire wall made of steel and concrete. The humanitarian situation of migrants stuck in the Białowieża forest has been dire. An underexposed theme is how not only people were hurt by the border policies, but non-human animals were also affected. As the effects of fencing ‘fortress Europe’ on wildlife are widespread (spatial behaviour, movements and gene flow), this paper uses the Polish–Belarusian border as a case study of a conflict between human border policies and non-human interests. We argue that the plans for the Polish wall are illegal, politically unjust and unethical, also from a more-than-human perspective. The wall is illegal because requirements under EU environmental law, in particular Article 6 of the Habitats Directive, were not met. The wall is unjust because it painfully demonstrates how animals’ communal or even liminal status is far from being recognised. Finally, the wall is unethical because it fails to account for the vulnerability of both humans and non-humans.

Keywords