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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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Massive 11,000-carat ruby believed to be second-largest ever found in conflict-ridden country

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Massive 11,000-carat ruby believed to be second-largest ever found in conflict-ridden country

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A massive ruby unearthed in Burma is being hailed as the second-largest ever discovered in the conflict-ridden country.

The ruby weighs about 11,000 carats — about 4.8 pounds — and was unearthed near Mogok in the Mandalay region, the center of Burma’s gem industry and an area affected by ongoing conflict, according to The Associated Press, citing state media. 

The stone was found in mid-April, shortly after the country’s traditional New Year celebrations.

MAN STUMBLES ONTO RARE DIAMOND TREASURE DURING ARKANSAS PARK TRIP WITH FAMILY: ‘KNEW IT WAS DIFFERENT’

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Burma’s newly discovered ruby is displayed at the president’s office in Naypyitaw on May 7, 2026. (Myanmar Military True News Information Team/AP)

Although it is roughly half the size of a 21,450-carat ruby discovered in 1996, experts say the new find could be more valuable because of its higher quality, the outlet reported.

It has a purplish-red color with slight yellow tones, moderate transparency and a highly reflective surface.

Burmese President Min Aung Hlaing and his cabinet have already inspected the stone in the country’s capital of Naypyidaw.

ONCE-IN-A-CENTURY TREASURES DATING BACK 4,500 YEARS UNEARTHED IN LEGENDARY CITY

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Burmese officials inspect a newly discovered ruby at the president’s office in Naypyidaw on May 7, 2026. (Myanmar Military True News Information Team/AP)

Burma produces up to 90% of the world’s rubies, mostly from Mogok and nearby Mong Hsu. 

The gem trade — both legal and illegal — is a major source of income in the country.

However, rights groups, including Global Witness, have long urged jewelers to avoid buying Burmese gemstones, saying the trade helps fund the country’s military governments, according to The Associated Press.

RARE 10-CARAT BLUE DIAMOND AMONG $100M WORTH OF GEMS GOING UP FOR AUCTION

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This photo taken on May 16, 2019, shows miners working in a ruby mine in Mogok, north of Mandalay. (Ye Aung Thu/AFP via Getty Images)

Gem mining also finances ethnic armed groups fighting for autonomy, contributing to Burma’s long-running conflicts.

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The mining regions remain unstable. 

Mogok was seized in July 2024 by the Ta’ang National Liberation Army (TNLA), an ethnic armed group. Control later returned to the military under a ceasefire deal brokered by China late last year.

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The Associated Press contributed to this report.

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‘We need to make up our mind’: EU split over direct talks with Russia

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‘We need to make up our mind’: EU split over direct talks with Russia

The European Union is still struggling to decide if, how, and when it wants to talk directly with Russia to advance negotiations towards a lasting peace in Ukraine, as member states remain split on whether the benefits would outweigh the risks.

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The absence of political unity, an indispensable precondition for such a significant undertaking, was laid bare on Monday during a meeting of foreign affairs ministers in Brussels, where several representatives urged fresh sanctions rather than dialogue.

“(Vladimir) Putin is really not interested in real peace talks yet. So we need to put more pressure on Russia in order to change the calculus and make him interested,” Sweden’s Maria Malmer Stenergard said upon arrival.

“What will we discuss? What will be our demands? Can we agree on our demands on Russia?” said Lithuania’s Kęstutis Budrys. “What is our strategy and agenda, and what’s the goal? What’s the end state? It’s not dialogue as dialogue per se.”

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Italy’s Antonio Tajani said the EU was “not at war” with Russia and it was “important” to be part of the ongoing negotiations, while Austria’s Beate Meinl-Reisinger noted it was time for Europeans to become active participants through their own team.

“We need to make up our mind,” said Finland’s Elina Valtonen.

The only point on which ministers agreed was that Europeans themselves should pick their envoy. The Kremlin’s suggestion to nominate Gerhard Schröder, the former German chancellor who has worked for Russian energy firms, was unequivocally dismissed.

At the end of the meeting, High Representative Kaja Kallas acknowledged that the topic was not yet mature and required further reflection among governments.

“The EU has always supported attempts to achieve a just and lasting peace,” Kallas said.

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“For Europe to take a more active role, we must agree amongst ourselves what we want to talk to Russia about and what our red lines are.”

The High Representative, who previously said the EU should not “humiliate” itself by seeking direct talks with Russia, has been trying to bridge gaps among capitals with a draft document outlining the concessions Moscow should make.

The confidential document will be discussed later this month when foreign ministers meet again for an informal gathering in Cyprus. However, given the considerable divergences, a unified position is unlikely to emerge any time soon.

“We are not there entering the negotiations in any way,” Kallas cautioned. “Right now, we don’t see that Russia is really negotiating in good faith.”

If, how and when

The question of whether the EU should engage directly with Russia to end its war of aggression has been popping up in and out of the conversation since US President Donald Trump unilaterally launched a diplomatic process to end the war in Ukraine.

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Earlier this year, French President Emmanuel Macron, who last spoke with Putin in July 2025, and Italian Prime Minister Giorgia Meloni publicly called on the bloc to change policy, arguing the fate of European security could not be left in American hands.

The debate lost traction after Macron’s advisor, Emmanuel Bonne, travelled to the Kremlin for exploratory talks and was given the cold shoulder.

But it has once again risen to prominence as a result of the conflict in the Middle East, which has shifted Washington’s focus and slowed down the mediation in Ukraine.

Last week, Ukrainian President Volodymyr Zelenskyy, who seems increasingly frustrated with the White House’s course of action, asked Europeans to take a more active role.

“We need to find a workable diplomatic format, and Europe must be at the table in any talks with Russia,” Zelenskyy said at a summit in Armenia. “It would be good to develop one common European voice for talks with Russia.”

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A few days later, European Council President António Costa said there was “potential” for the bloc to negotiate one-on-one with the Kremlin.

“I’m talking with the 27 national leaders to see the best way to organise ourselves and to identify what we need effectively to discuss with Russia when it comes to the right moment to do this,” Costa said in Florence, Italy.

The European Commission also weighed in. “We can see the merit of having one single figure speaking on behalf of the 27,” a spokesperson said.

Both Costa and the Commission were quick to note that direct talks would only make sense once the Kremlin showed willingness to compromise and make concessions. Putin insists that Kyiv give up the entire Donbas region and that the West recognise the occupied territories aslegally Russian — both demands that Zelenskyy firmly rejects.

Brussels is keen to avoid creating the impression that it is attempting to replace Washington, which might give Trump a reason to walk away for good.

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On Monday, Ukrainian Foreign Minister Andrii Sybiha said the EU should not pursue “alternative peace talks” but rather play a “complementary” role in the ongoing process.

Russia’s relentless bombardment of Ukraine’s civilian infrastructure, including a kindergarten last week, is another factor that makes officials and diplomats think twice.

Instead, some capitals prefer to wait and weaken Russia’s hand at the negotiating table. The country has begun to show signs of economic strain after 20 rounds of sanctions and was forced to pare down its Victory Day parade over fears of Ukraine’s strikes.

At the same time, Kyiv’s standing has been reinforced by the approval of the EU’s €90 billion assistance loan and the signing of multiple defence deals with Gulf countries.

“Russia must be pushed back to Russia,” Estonia’s Margus Tsahkna said. “Putin is not ready to talk about a lasting and just peace at all.”

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What Middle Powers Fear from the Trump-Xi Summit

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What Middle Powers Fear from the Trump-Xi Summit

Poland will soon host production lines for South Korean tanks. Australia is buying warships from Japan. Canada will send uranium to India, while India offers cruise missiles to Vietnam, and Brazil builds military transport planes for the United Arab Emirates.

All of these deals were sealed in the past few weeks. Each one represents an attempt by middle powers to protect themselves as the conflict in Iran throttles global energy supplies, and as a high-stakes summit between President Trump and Xi Jinping of China looms.

Global polls show the world has little trust in the United States and China. Mr. Trump and Mr. Xi have both used their enormous leverage over trade and security to coerce or punish. And in response, smaller nations are behaving as if they are stuck in “Godzilla” or “Dune” — moving quietly in small groups, trying not to provoke the wrath of petulant giants.

“It’s fifty shades of hedging,” said Richard Heydarian, a Filipino political scientist at Oxford University. Or, as Ja Ian Chong, a security analyst in Singapore put it, “No party wants to cross Beijing and now Washington, too.”

For countries watching from afar, dread and hope hover over the Trump-Xi meeting in Beijing, which is scheduled for this week. In Asia, which has been hit hardest and fastest by oil shortages caused by the war and China’s tight control of oil-product exports, the mood is particularly grim. Interviews with officials, and statements from leaders traveling the globe to secure trade and defense deals, suggest that most middle powers feel overwhelmed by the deteriorating world order.

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Many believe the summit carries more potential for harm than help. And Mr. Trump’s gut-driven approach to complex issues is the main source of anxiety.

For months, officials in Asia have worried that the president might be too eager to make a deal with Mr. Xi, ending weapons sales to Taiwan or agreeing to softened policy language that could make it easier for China to undermine the democratic island.

“That would be the biggest nightmare,” said one Taiwanese official who spoke on condition of anonymity to discuss internal government matters. He insisted that reduced support from the U.S. was unlikely.

But any concession on Taiwan could lead other American partners to fear abandonment. Beijing’s push for compliance on contested territory elsewhere would be bolstered, from the border with India to the South China Sea.

Vietnamese officials said that if President Trump makes a conciliatory gesture or flatters Xi, even without bigger compromises, China will gain leeway to press harder on smaller countries.

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Another concern being discussed across the region: that Mr. Trump might alter long-term security plans in exchange for better economic terms with China.

Mr. Trump’s decision to redirect a carrier strike group from the Pacific and munitions from South Korea for the war in Iran may have created momentum for broader redeployments. When the Pentagon announced it would pull at least 5,000 troops from Germany after Mr. Trump expressed annoyance with the German chancellor, allies in Asia were again reminded how quickly collective deterrence can be weakened.

Mr. Trump has threatened in the past to make troop withdrawals from Japan, which hosts around 53,000 American military personnel — more than any other country — and South Korea, where another 24,000 Americans are stationed. If he could get something big from Mr. Xi for a drawdown, would he turn down the deal?

Analysts noted that plans opposed by China, such as AUKUS, a pact between Australia, England and the U.S. designed to counter Beijing’s influence by equipping Australia with nuclear-powered submarines and advanced technology, could also be suddenly canceled.

“The sense that U.S. allies have to look to one another because they can no longer look to America is very real,” said Hugh White, a former Australian intelligence official who teaches strategic studies at the Australia National University.

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That sentiment is much stronger than “the cautious public language” of national leaders might suggest, he added.

European and Asian officials often talk privately in frank terms about giving up their faith in America, prompting a no-turning-back effort to diversify away from the United States. In casual discussions with reporters, they can sound a lot like Prime Minister Mark Carney of Canada, who received a standing ovation in Davos this year for a speech that declared, “We are in the midst of a rupture, not a transition.”

But in public, they’re more circumspect. Some officials admit their countries are trying to buy time and evade Mr. Trump’s fits of pique, while continuing the performance of imperial fealty.

South Korean officials have simply expressed resignation over American military diversions, after making clear they felt betrayed in 2004, when President George W. Bush announced plans to move troops from Asia to the war in Iraq. Australia, Taiwan and Japan publicly and repeatedly stress the value of American leadership without caveats — even as U.S. tariffs and the war Mr. Trump started with Iran kneecap their economies.

No one wants to be seen stepping out of line.

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Japan’s new prime minister, Sanae Takaichi, has been bolder than most in trying to foster stronger relationships with other countries. Yet even as she crisscrossed the region promoting military cooperation, officials in Tokyo worried about how Washington would view her efforts.

“The Japanese don’t want Takaichi’s security cooperation and tour, especially to Australia, to be seen as a version of Mark Carney,” said Michael J. Green, the author of several books on Japan, and chief executive of the United States Study Centre at the University of Sydney.

Others have apparently reached the same conclusion. Mr. Carney’s recent visits to India and Australia did not yield strong statements from their leaders echoing his criticism of great power rivalry or his warning that if middle powers are “not at the table, we’re on the menu.”

At the same time, many countries — including some that are benefiting from the thickening of middle-power bonds — have been careful not to anger the world’s other hegemon, China.

Nations managing their own disputes with Beijing, such as Indonesia, have done less to rally around Japan than some in Tokyo would have liked, since Ms. Takaichi became embroiled in a diplomatic crisis after telling her Parliament that if China attacked Taiwan, Japan could respond militarily.

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Vietnamese officials even pressed Ms. Takaichi to avoid directly criticizing China in her speech at a university on May 2 in Hanoi, according to diplomats who spoke on condition of anonymity to describe sensitive discussions. It is not clear if adjustments were made. Chinese officials later condemned her diplomatic efforts as “war preparation.”

And yet, in a sign of how middle powers are still doing more while saying less, the two countries signed six cooperation agreements, including one on satellite data sharing and another to secure deliveries for Vietnam’s largest oil refinery, potentially easing shortages.

“The U.S. has become more unreliable, so it makes sense to try to develop alternatives,” said Robert O. Keohane, an international relations professor at Princeton University. Even if what’s been formed so far is insufficient, he added, “having a weak alternative is better than having no alternative at all.”

Reporting was contributed by Tung Ngo from Hanoi, Vietnam; Javier C. Hernández from Tokyo; Amy Chang Chien from Taipei, Taiwan; Jim Tankersley from Berlin; Ian Austen from Ottawa; and Matina Stevis-Gridneff from Toronto.

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