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Suspending right to asylum goes against EU law, Brussels tells Warsaw

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Suspending right to asylum goes against EU law, Brussels tells Warsaw

Donald Tusk’s plan to implement a “temporary territorial suspension of the right to asylum” has been met with disapproval in Brussels.

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The European Commission has reminded Poland of its obligation under EU and international law to provide access to the asylum procedure under all circumstances, effectively disapproving Prime Minister Donald Tusk’s new strategy to institute a “temporary territorial suspension of the right to asylum”.

Tusk said his plan, which is scheduled to be officially unveiled on Tuesday, was necessary to combat the migration flows instrumentalised by Russia and Belarus, which Poland has experienced since August 2021. Border crossings have increased in recent weeks, without reaching the numbers seen at the peak of the crisis.

The prime minister’s announcement made immediate headlines, coming at a politically fraught time when European governments show increasing boldness in their attempts to curb irregular migration, testing the limits of well-established legal norms.

“It is important and imperative that the Union is protecting the external borders and, in particular, from Russia and Belarus (who are) undermining the security of the EU member states and of the Union as a whole,” a Commission spokesperson said on Monday.

“At the same time, member states have international and EU obligations, including the obligation to provide access to the asylum procedure.”

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Countering hybrid attacks and ensuring asylum rights are not “mutually exclusive” tasks, the spokesperson added.

The right to asylum has long been recognised under international law, dating back to the 1951 Refugee Convention. It was later included in the EU’s Charter of Fundamental Rights, which has the same legal weight as the EU treaties.

The right does not ensure the application is automatically accepted: instead, it compels governments to accept asylum claims, analyse them with due diligence and issue a reasoned decision, with the possibility of appeal.

International law also establishes the principle of non-refoulement, which forbids authorities from deporting migrants to nations where they could face persecution, torture or any other form of ill-treatment.

In his remarks on Saturday, Tusk said he would demand “recognition in Europe” for his decision to establish a “temporary territorial suspension of the right to asylum.”

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“We know very well how it is used by Lukashenko, Putin… by people smugglers, people traffickers, how this right to asylum is used exactly against the essence of the right to asylum,” he said speaking at a convention of his centrist Civic Platform.

“Poland must take back 100% control over who comes to Poland.”

Tusk’s policy echoes the emergency law that Finland introduced in July to fight against instrumentalised migration. If triggered, the law will allow border guards to “immediately” remove asylum seekers and refuse access to the asylum procedure. Legal experts and humanitarian organisations have warned the bill legalises pushbacks.

Warsaw says no to the Pact

Tusks’s speech, which observers have described as an electoral maneuver to contain the hard-right opposition, took aim at the New Pact on Migration and Asylum, the sweeping reform the bloc completed in May after almost four years of hard-fought negotiations.

Poland, like Hungary, voted against the five laws that make up the Pact. Their firm opposition hones in on a novel system of “mandatory solidarity” that will give countries three different options to manage asylum seekers: relocate a certain number, pay €20,000 for each applicant they refuse to take in, or finance operational support.

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The Pact will enter into force in mid-2026. Before then, capitals are expected to put forward national plans to guarantee the correct implementation of the complex set of legislation. But according to Tusk, Poland will not be among the participants.

“We will not implement European ideas if we are sure that they threaten our security,” he said on Saturday.

In reaction, the Commission said the Pact, after being approved by the European Parliament and the Council, is “binding” for all 27 member states.

The reform features the Crisis Regulation to cope with sudden mass arrivals and instances of instrumentalisation, as the ones Poland and the Baltics have experienced. Under the regulation, countries will have additional time to register and examine asylum claims without letting applicants into national territory.

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“Nevertheless, we still have maintained, as throughout (the process), the obligation to ensure access to asylum procedures,” the spokesperson noted.

Migration will be one of the most prominent topics – if not the most – during a summit of EU leaders on Thursday.

The last few months have seen a rapid succession of developments in migration policy, including Germany’s re-introduction of border controls, the Netherlands’ (rejected) request for an opt-out clause, and Hungary’s threat to bus migrants “free of charge” to Belgium in retaliation for an ECJ ruling.

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Last week, a group of 17 European countries signed a document calling for a “paradigm shift” in the deportation of rejected asylum seekers. France’s new Interior Minister Bruno Retailleau said that “all innovative solutions must be used.”

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In 2023, the EU detected 380,000 irregular border crossings and received about 1,140,000 claims for international protection. This means most asylum applications were filed by people who had arrived in the bloc via legal channels.

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Venezuelan dissident Machado credits Trump for advancing freedom movement, dedicates Nobel to him

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Venezuelan dissident Machado credits Trump for advancing freedom movement, dedicates Nobel to him

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FIRST ON FOX: Venezuelan opposition leader María Corina Machado is crediting President Donald Trump for helping sustain Venezuela’s pro-democracy movement while dedicating her Nobel Peace Prize to him, telling Fox News Digital that he provided critical support at a moment when Venezuelans felt abandoned by the international community.

“I am absolutely grateful to President Trump for every gesture, every signal and every moment that he has stood with the Venezuelan people. I have watched it very closely, and I know what it has meant for those who are fighting to reclaim democracy and freedom in our country,” she stated.

“A free and democratic Venezuela is not only possible — it is closer than ever. And that free Venezuela is breathing louder than ever before,” Machado said, adding that her Nobel Peace Prize is also dedicated to Trump. “This Nobel Prize is symbolic of that fight for freedom and is dedicated to the Venezuelan people and to President Trump for showing what strong leadership looks like in the moments that matter most.”

EXPERT REVEALS WHAT IT WOULD TAKE FOR TRUMP TO DEPLOY TROOPS TO VENEZUELA: ‘POSSIBILITY OF ESCALATION’

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Nobel Peace Prize laureate Maria Corina Machado waves at the Grand Hotel in Oslo, Norway, early Thursday, Dec. 11, 2025. (Lise Åserud/NTB Scanpix via AP)

An official familiar with the matter told Fox News Digital that Machado hopes to visit the U.S. and meet the president to formally honor him for what she views as his support for the Venezuelan people.

Machado’s remarks come as she re-emerged publicly in Oslo, Norway, after spending 11 months in hiding. After a brief detention during an anti-government protest in Caracas, she went underground as pressure from the Maduro government intensified.

Her return to the public eye coincided with the Nobel Peace Prize ceremony, where her daughter, Ana Corina Sosa, accepted the award on her behalf. The Associated Press reported that Machado waved to cheering supporters from a hotel balcony — her first public appearance in nearly a year.

SCHUMER ACCUSES TRUMP OF PUSHING US TOWARD ‘FOREIGN WAR’ WITH VENEZUELA

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The daughter of the Nobel Peace Prize laureate, Ana Corina Sosa, accepts the award on behalf of her mother, Venezuelan opposition leader Maria Corina Machado, during the Nobel Peace Prize ceremony at Oslo City Hall, Norway, on Dec. 10. (Ole Berg-Rusten/NTB Scanpix, Pool via AP)

Machado was barred from running in the 2024 presidential election despite winning the opposition primary by a wide margin, a move that drew strong criticism from Western governments.

Roxanna Vigil, a fellow at the Council on Foreign Relations, told Fox News Digital that Machado remains “the most popular political figure in Venezuela,” adding that she secured “over 90% of the vote” in the opposition primary before being blocked by Maduro. “She became a real threat… and so they disqualified her from running,” Vigil said. Machado ultimately endorsed Edmundo González, who went on to win the election.

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Venezuelan opposition leader Maria Corina Machado addresses supporters at a protest against President Nicolas Maduro in Caracas, Venezuela, Thursday, Jan. 9, 2025, the day before his inauguration for a third term. (AP Photo/Ariana Cubillos)

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Machado ultimately endorsed González, who was widely regarded by independent tallies of the result as having won the 2024 election, but who did not assume the presidency after Venezuela’s official National Electoral Council, controlled by Maduro allies, declared Nicolás Maduro the winner and inaugurated him for another term.

Machado has signaled she intends to return to Venezuela when conditions allow and continues to call for a peaceful transition away from Maduro’s rule.

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Residents emerge in DR Congo’s tense Uvira after M23 rebel takeover

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Residents emerge in DR Congo’s tense Uvira after M23 rebel takeover

A cautious calm has settled over the eastern Democratic Republic of the Congo (DRC) city of Uvira in South Kivu province, as residents begin emerging from their homes following its capture by M23 rebels.

The capture earlier this week threatens to derail a United States-brokered peace agreement, signed with much fanfare and overseen by President Donald Trump a week ago, between Congolese and Rwandan leaders, with Washington accusing Rwanda on Friday of igniting the offensive.

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Regional authorities say at least 400 civilians, including women and children, have been killed in the violence between the cities of Bukavu and Uvira, both now under M23 control.

Al Jazeera is the only international broadcaster in Uvira, where correspondent Alain Uaykani on Saturday described an uneasy calm in the port city on the northern tip of Lake Tanganyika, which sits directly across from Burundi’s largest city, Bujumbura.

Uaykani said government and allied militias, known as “Wazalendo”, which had been using the city as a headquarters, began fleeing even before M23 fighters entered.

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Residents who fled as the Rwanda-backed group advanced have begun returning to their homes, though most shops and businesses remain shuttered.

“People are coming out, they feel the fear is behind them,” Uaykani said, though he noted the situation remains fragile with signs of intense combat visible throughout the city.

Bienvenue Mwatumabire, a resident of Uvira, told Al Jazeera he was at work when fighting between rebels and government forces broke out, and he heard gunshots from a neighbouring village and decided to stop, but said that “today we have noticed things are getting back to normal.”

Baoleze Beinfait, another Uvira resident, said people in the city were not being harassed by the rebels, but added, “We will see how things are in the coming days.”

M23’s spokesperson defended the offensive, claiming the group had “liberated” Uvira from what he called “terrorist forces”. The rebels say they are protecting ethnic Tutsi communities in eastern DRC, a region that has seen fighting intensify since earlier this year.

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The offensive, which began on December 2, has displaced more than 200,000 people across South Kivu province, according to local United Nations partners.

Rwanda accused of backing rebels

South Kivu officials said Rwandan special forces and foreign mercenaries were operating in Uvira “in clear violation” of both the recent Washington accords and earlier ceasefire agreements reached in Doha, Qatar.

At the UN Security Council on Friday, US ambassador Mike Waltz accused Rwanda of leading the region “towards increased instability and war,” warning that Washington would hold spoilers to peace accountable.

Waltz said Rwanda has maintained strategic control of M23 since the group re-emerged in 2021, with between 5,000 and 7,000 Rwandan troops fighting alongside the rebels in Congo as of early December.

“Kigali has been intimately involved in planning and executing the war in eastern DRC,” Waltz told the UNSC, referring to Rwanda’s capital.

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Rwanda’s UN ambassador denied the allegations, accusing the DRC of violating the ceasefire. Rwanda acknowledges having troops in eastern DRC but says they are there to safeguard its security, particularly against Hutu militia groups that fled across the border to Congo after Rwanda’s 1994 genocide.

The fall of Uvira has raised the alarm in neighbouring Burundi, which has deployed forces to the region. Burundi’s UN ambassador warned that “restraint has its limits,” saying continued attacks would make it difficult to avoid direct confrontation between the two countries.

More than 30,000 refugees have fled into Burundi in recent days.

The DRC’s foreign minister urged the UNSC to hold Rwanda accountable, saying “impunity has gone on for far too long”.

A report by the American Enterprise Institute’s Critical Threats project said Rwanda provided significant support to M23’s Uvira offensive, calling it the group’s most consequential operation since March.

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Al Jazeera’s UN correspondent Kristen Saloomey said UNSC members were briefed by experts who noted that civilians in DRC are not benefitting from the recent agreements negotiated between Kinshasa and Kigali.

More than 100 armed groups are fighting for control of mineral-rich eastern DRC near the Rwandan border. The conflict has created one of the world’s largest humanitarian crises, with more than seven million people displaced across the region.

The M23 group is not party to the Washington-mediated negotiations between DRC and Rwanda, participating instead in separate talks with the Congolese government hosted by Qatar.

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Video: Deadly Storm Causes Massive Flooding Across Gaza

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Video: Deadly Storm Causes Massive Flooding Across Gaza

new video loaded: Deadly Storm Causes Massive Flooding Across Gaza

Nearly 795,000 displaced people in Gaza were at risk of dangerous floodwaters, according to the United Nations. The heavy rain and strong winds flooded makeshift shelters and collapsed several buildings, according to the Gaza Civil Defense.

By Jorge Mitssunaga, Nader Ibrahim and Saher Alghorra

December 12, 2025

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