POLAND   COUNTRY ASSESSMENT                                                                     COUNTRY INFORMATION AND POLICY UNIT VERSION 3 FEBRUARY 2000

INDEX

A. Scope of the Document 1.1 - 1.5

A. The Location of Poland 2.1  2.3

A. Recent History 3.1 - 3.14

B. Economic History 3.15 - 3.22

A. Political Affairs 4.1 - 4.8

B. The Right of Citizens to Change their Government 4.9 - 4.14

C. The Polish Constitution 4.15 - 4.17

D. Special Security Services 4.18 - 4.22

E. The Judiciary 4.23 - 4.33

F. Legal Rights/Detention 4.34 - 4.36

G. The Ombudsman 4.37 - 4.38

H. Prisons 4.39 - 4.40

I. Capital Punishment 4.41 - 4.43

J. Organised Crime 4.44 - 4.49

K. Polish Citizenship: Foreign Nationals 4.50 - 4.54

L. Social Welfare 4.55 - 4.58

M. Education 4.59 - 4.62

N. Refugees 4.63 - 4.66

O. Europe and NATO 4.67 - 4.72

A. Actual Practice with regard to Human Rights 5.1 - 5.18

B. Human Rights Monitoring and NGOs 5.19 - 5.22

C. Women 5.23 - 5.28

D. Children 5.29 - 5.35

E. Homosexuals 5.36 - 5.38

F. People with Disabilities 5.39 - 5.42

G. Religious Freedom 5.43 - 5.49

H. Main Religions 5.50 - 5.52

I. Jews 5.53 - 5.65

J. Religious Sects 5.66 - 5.68

K. Abortion 5.69 - 5.70

L. Ethnic Minority Groups (General) 5.71 - 5.92

M. Roma (Gypsies) 5.93 - 5.117

N. Ukrainians and Lemkos 5.118 - 5.119

P. African-American Citizens 5.121

Q. Silesian Nationals 5.122

VI OTHER RELATED ISSUES

A. Freedom of Speech and the Press 6.1 - 6.20

B. Freedom of Assembly and Association 6.21 - 6.23

C. Workers' Rights 6.24 - 6.30

D. Freedom of Movement within the Country and Foreign Travel 6.31 - 6.42

E. Military Service 6.43 - 6.76

ANNEX A: Parliamentary Parties in Poland

ANNEX B: Chronology of Key Events

ANNEX C: Prominent People

ANNEX D: Offences committed by, and against, the Roma community

ANNEX E: Details of Police complaints

ANNEX F: Letter from the Ministry of National Defence, Warsaw, dated 27 January 1998

BIBLIOGRAPHY

1.1 This assessment has been produced by the Country Information & Policy Unit, Immigration & Nationality Directorate, Home Office, from information obtained from a variety of sources.

1.2 The assessment has been prepared for background purposes for those involved in the asylum determination process. The information it contains is not exhaustive, nor is it intended to catalogue all human rights violations. It concentrates on the issues most commonly raised in asylum claims made in the United Kingdom. It represents the current assessment by the Immigration & Nationality Directorate of the general socio-political and human rights situation in the country.

1.3 The assessment is sourced throughout. It is intended to be used by caseworkers as a signpost to the source material, which has been made available to them. The vast majority of the source material is readily available in the public domain.

1.4 It is intended to revise the assessment on a 6-monthly basis while the country remains within the top 35 asylum producing countries in the United Kingdom.

1.5 The assessment will be placed on the Internet (http://www.homeoffice.gov.uk/ind/cipu1.htm). An electronic copy of the assessment has been made available to the following organisations:

Amnesty International UK

Immigration Advisory Service

Immigration Appellate Authority

Immigration Law Practitioners' Association

Joint Council for the Welfare of Immigrants

JUSTICE

Medical Foundation for the Care of Victims of Torture

Refugee Council

Refugee Legal Centre

UN High Commissioner for Refugees

2.1 The Republic of Poland is situated in Eastern Europe. It is bounded to the north by the Baltic Sea and an exclave of the Russian Federation; to the north-east by Lithuania; to the east by Belarus; to the south-east by Ukraine; to the west by Germany; and to the south by the Czech Republic and Slovakia. [1(a)]

2.2 Poland is the largest and most populous state in Central Europe, with a population, in 1996, of approximately 38 million. The capital of Poland is Warszawa, commonly known as Warsaw. It is situated in the east of the country and has an estimated population of 1,628,500 (as at 31/12/1996). The next largest city in Poland is Lodz, which has an estimated population of 818,000 and is situated in the centre of the country, closely followed by Krakow (Cracow) and Wroclaw, which each have an estimated population of 740,700 and 640,600 and are situated in the south of Poland. [1(a)]

2.3 The official language of the country is Polish which is spoken by almost all of the population, although there is also a small German-speaking community. The national flag consists of two equal horizontal stripes of white and red. [1(a)]

3.1 Poland, partitioned in the 18th century, was declared an independent republic on 11 November 1918. The country was ruled by an autocratic and military regime from 1926 until 1939. In that year Poland was invaded by both Germany and the USSR and partitioned between them. After Germany declared war on the USSR in June 1941, its forces occupied the whole of Poland. [1(a)]

3.2 After the war, the pro-communist Polish Committee of National Liberation, established under Soviet auspices in July 1944, was transformed into the provisional government. As a result of the Yalta and Potsdam agreements of 1945, the former German territories east of the rivers Oder and Neisse came under Polish administration, while Poland's border with the USSR moved west. [1(a)]

3.3 Non-communist political groups suffered severe intimidation during the falsified January 1947 elections, and the communist-led "democratic bloc" claimed an overwhelming victory. A People's Republic was established in February 1947 with the Polish Workers' Party (PWP), led by Wladyslaw Gomulka, as the dominant group. Gomulka's opposition to implementing certain aspects of Soviet economic policies and belief in a Polish road to socialism led to his dismissal in 1948. [1(a)]

3.4 In December 1948, the PWP merged with the Polish Socialist Party to form the Polish United Workers' Party (PZPR). Two other parties, the United Peasants' Party (ZSL) and the Democratic Party (SD) were allowed to exist, but were closely controlled by the PZPR, and Poland effectively became a one-party state. [1(a)]

3.5 Throughout the communist period the majority of Poles remained strongly anti-communist. Serious anti-regime riots occurred in the 1950s and 1970s. Further strikes in the summer of 1980 led to the birth of Solidarity under the leadership of Lech Walesa. Solidarity's demands for legislative reform, including the recognition of basic rights, were seen as a threat by the government, and on 13 December 1981, under heavy pressure from the Soviet Union and Warsaw Pact, the Prime Minister General Jaruzelski introduced martial law. Walesa and many other Solidarity leaders were interned. Martial law was lifted in July 1983 under pressure from the West. [1(a)]

3.6 Some limited liberalisation occurred in the next few years, but by 1988, as new strikes were starting, Poland had reached an impasse; the economy was collapsing and the government was discredited, unable to run the country, and unwilling to accept the only solution - political reform. As the economic crisis deepened, the government finally agreed to Round Table talks with Solidarity. The Round Table Accords in April 1989 legalised Solidarity and instituted political reforms, in return for support for unpopular economic measures; for Jaruzelski's appointment as president; and for continued Communist Party control over the security apparatus. There was also an agreement to hold semi-free elections in which 65% of the seats in the Sejm (the Lower House) would be reserved for the PZPR and its satellite parties. [1(a)]

3.7 Elections to the new legislature took place on 4 and 8 July 1989, with 62% of eligible voters participating in the first round, but only 25% in the second. The Solidarity Citizen's Committee, the electoral wing of the trade union movement, achieved a decisive victory in the elections to the Senate, securing all but one of the 100 seats. In the elections to the 460-member Sejm, Solidarity secured all the 161 seats that it was permitted to contest, while the other 299 seats were divided between the PZPR (173 seats), its allied parties - the ZSL (76) and the SD (27) - and members of Roman Catholic organisations (23). [1(a)]

3.8 Legislative elections took place on 27 October 1991, with the participation of only 43.2% of the electorate. A total of 29 parties won representation to the Sejm, but none acquired a decisive mandate. The party with the largest number of deputies (62) was Mazowieckis Democratic Union (UD  Unia Demokratyczne), formed in May 1991 by the merger of the Citizens Movement Democratic Action (ROAD  Ruch Obywatelski Akcja Demokratyczna) and two other organisations. The Democratic Left Alliance (SLD  Sojusz Lewicy Demokratycznej), an electoral coalition of the Social Democracy of the Republic of Poland (SdRP  Socjal demokracja Rzeczypospolitej) and the All Poland Trade Unions Alliance, won 60 seats. In the Senate (the Upper House) the UD was also the largest single party, with 21 seats, while Solidarity returned 11 senators. [1(a)]

3.9 In December 1992 an interim Small Constitution' entered into effect; which was to remain in force during a comprehensive revision of the 1952 Constitution. The general election on 19 September 1993, resulted in an overwhelming victory for parties of the left, as voters expressed their dissatisfaction with the adverse consequences of recent economic reforms. The SLD and the Polish Peasants Party (PSL), both dominated by former communists and their allies, won, respectively, 171 and 132 seats in the Sejm, and 37 and 36 seats in the Senate. Under the new electoral law, the two parties, which together won 35.8% of the total votes in the elections to the Sejm, secured more than 65% of the seats in the lower chamber. The UD took 74 seats in the Sejm (with 10.6% of the votes cast) and four in the Senate, while Solidarity won 10 Senate seats (although none in the Sejm). Walesa's Non-Party Bloc for Reform (Bezpartyjny Bloc Wspierania Reform), established in June 1992 in an attempt to consolidate support for the President in parliament, won 16 seats in the Sejm (with 5.4% of the votes cast) and two seats in the Senate. The Centre Alliance and the ZChN (Christian National Union) notably failed to win representations in either chamber. Almost 35% of the votes cast in elections to the Sejm were for parties that received less than 5% of the total votes, and therefore secured no representation. The rate of participation by voters was 52.1% [1(a)]

3.10 In early June 1996 some 25 centre-right political parties, including Solidarity, the Centre Alliance and the ZChN, established an electoral coalition, called Solidarity Election Action (AWS), in preparation for the 1997 parliamentary elections. Later that month the government's decision to file for bankruptcy for the loss-making Gdánsk shipyard prompted several demonstrations, including a 48 hour sit-in, organised by Solidarity. In early August 1996 the shipyard was officially declared bankrupt, although liquidators proposed to secure financing to enable the completion of ships already under construction. [1(a)]

3.11 Demonstrations were staged by some 2,000 workers at the Gdánsk shipyard in late November 1996, in an attempt to secure government loan guarantees in order to finance the completion of an existing contract; more than 100 workers occupied local government offices, and four others undertook a hunger strike. At the beginning of December 1996 the government agreed to consider granting guarantees if credit could be obtained for the construction of the ships. The hunger strike and sit-in were abandoned shortly afterwards, although there were further demonstrations in Warsaw in mid-December 1996. A nation-wide strike by doctors, in support of their demands for increased funding for the health sector and the introduction of a health insurance system, was initiated in early December 1996 and escalated in early January 1997 with the implementation of a work-to-rule policy. [1(a)]

3.12 In December 1996 several government changes were effected, including the appointment of Wieslaw Kaczmarek (hitherto responsible for privatisation) as the new Minister of the Economy, and Leszek Miller as Minister of Internal Affairs and Administration. Prof. Marek Belka, hitherto economic adviser to the President, was appointed Deputy Prime Minister and Minister of Finance at the beginning of February 1997, following the resignation of Grzegorz Kolodko. His appointment was generally well received, although the PSL, which claimed not to have been consulted on the appointment, believed it to be another breach of the coalition agreement. [1(a)]

3.13 On 2 April 1997, after four years of parliamentary negotiations, the National Assembly adopted a new Constitution, which was approved by 52.7% of votes cast in a national referendum on 25 May 1997. According to official figures, 42.9% of the electorate voted. Right-wing parties, notably the AWS and the Movement for the Reconstruction of Poland (ROP), opposed the parliamentary draft, and demanded a more positive affirmation of Christian beliefs, and that their own 'citizen's draft' be included in the referendum. The result of the referendum was disputed unsuccessfully and the new Constitution was subsequently signed by the President and came into force on 17 October 1997. [1(a)]

3.14 Parliamentary elections on 21 September 1997 marked a return to power for parties based around the Solidarity trade union. Solidarity Election Action (AWS), a coalition of right-wing and trade union groups, secured a third of the vote. They became the senior partners in a coalition government with the liberal, pro-market Freedom Union (UW). After protracted negotiations, the government was finally endorsed by parliament on 11 November 1997 under Prime Minister Jerzy Buzek. [2(i)]

3.15 In January 1990, the Minister of Finance, Leszek Balcerowicz, announced a programme of radical economic reforms. The aim was to free all prices by removing government subsidies while restraining wages to limit inflation. In addition, exports were to be encouraged by introducing limited convertibility of the zloty, and subsidies would also be withdrawn from state-owned enterprises. By the mid-1990s Poland had achieved a significant recovery in gross domestic product (GDP) growth, as well as a reduction in the rate of inflation. [1(a)]

3.16 Poland's crippling communist inheritance of foreign debt was significantly alleviated by concessions of up to 50% from its major creditors. This debt-forgiveness and the healthy growth of the economy have encouraged foreign investment. [2(i)]

3.17 Research on migration to Poland has shown that an increase in the number of foreign relations of Poland and Poles has resulted from the radical political and system changes that took place a few years ago. Polands progressing integration with the world has been further enhanced by globilisation and the significant majority of migrations to Poland have been motivated by the countrys economic attractiveness. [33(a)]

3.18 Poland is a member, as a "Country of Operations", of the European Bank for Reconstruction and Development (EBRD) and of the Central European Free Trade Association. An association agreement with the European Union became fully effective in February 1994; a free trade agreement with the European Free Trade Association came into force in November 1993. Poland became a full member of the World Trade Organisation in July 1995, and of the Organisation for Economic Co-operation with Development in November 1996. [1(a)]

3.19 Polands trade with the European Union has continued to increase its share of total trade. During the first five months of 1998, Polish exports to the EU accounted for 65% of total exports, and imports from the EU amounted to 70% [39] Poland is also the United Kingdoms biggest trading partner in the former Soviet Block, with trade in excess of $3 bn in 1998. [8(b)]

3.20 The country has made a successful transition to a free market economy. Growth slowed during 1998 to about 5%. Inflation was about 9%, down from 13% at the end of 1997. Since 1989 most small and medium sized, state owned enterprises have been privatised, and several major privatisations were launched during 1998, including two of the few remaining state-owned banks and the telephone company. Significant reforms are underway in other sectors, including pensions, health, decentralisation of government and the restructuring of industries such as coal and defence. [4(c)]

3.21 For the first time since the early 1990s there was a recent perceptible increase in unemployment at the beginning of 1999 (to more than 11% in January 1999) [8(b)] . The coalition government is striving to implement ambitious economic and administrative reforms. Doctors, teachers and farmers have staged strikes or protest marches. However, Poland continues to make rapid progress to capitalism and integration with the west. In March 1999 it was admitted into NATO (refer to IV, paragraphs 4.66-4.71). The European Commission says negotiations over Polands EU entry are going well. Its economic growth rate in 1999 remains among the highest in Central Europe, with the National Bank of Poland, the central bank forecasting 4-4.5%. [40]

3.22 Ministers remain committed to reducing budget deficits to zero by 2002. Their priority is financing fundamental reforms such as this years changes in pensions, health care, education and regional affairs. [40]

A. Political Affairs

4.1 General elections were held on 21 September 1997, and an alliance of post-solidarity parties, the Solidarity Election Action group (AWS), won approximately one-third of the vote. It has formed a coalition government with the free market Freedom Union (UW). [2(i)]

4.2 On 31 October 1997, President Aleksander Kwasniewski swore in the new coalition cabinet of the Solidarity Electoral Action (AWS) and the Freedom Union (UW). The new Prime Minister, Jerzy Buzek took his oath of office at a ceremony in Warsaw's presidential palace and the UW leader Leszek Balcerowicz was appointed Deputy Prime Minister and Finance Minister. [8(a)(i)]

4.3 On 10 November 1997, just before the meeting of the Sejm, the chairman of the AWS, Marian Krzaklewski, and the UW leader Leszek Balcerowicz, signed a coalition agreement. The document was also signed by the Prime Minister. [8(e)]

4.4 The reform of social insurance, education and health systems, decentralisation of the state and vetting were among the main tasks of the new cabinet formed by Prime Minister Jerzy Buzek. Others included guaranteeing proper living standards to families, repairing state structures, internal and external security of the country and strengthening moral values. Buzek added that the new cabinet intended to pursue a sovereign foreign policy with its main goals being the full membership of NATO confirming Poland's place in the Euro-Atlantic world and the possibility of fast integration with the European Union with respect to Poland's national identity. He further added that Poland attached great significance to co-operation with France and Germany within the Weimar Triangle. He stressed that it was in Poland and Europe's strategic interest to maintain the American military, political and economic presence in Europe. The government intended to develop good relations with Russia. [8(f)]

4.5 Buzek said that inflation was coming down too slowly and declared the removal of the excess red tape in the economy by liquidating monopolies and licences. He said the cabinet would begin to implement the project of constructing highways, improve road traffic safety and create a telecommunications services market. [8(f)] President Kwasniewski declared in a radio interview his readiness to help implement the strategic objectives contained in Buzek's speech, including the consolidation of the economy, reducing inflation and Poland's integration with the European structures. He added that Poland was in good condition. The Polish economy was developing and inflation falling. There were more jobs and foreign capital was flowing into Poland. [9(a)]

4.6 A new law compelling political leaders to reveal past collaboration with Communist era secret police, the "lustracja" or vetting/lustration law, took effect in August 1997. The law requires candidates for high government office, including those for President, the Sejm, the Senate, Prime Minister, or other office that requires nomination by the President or Prime Minister, to sign a declaration stating whether or not they co-operated with Poland's secret services at any time between 1944 and 1990. Although the law does not provide for the punishment of those who admit to collaboration, any Sejm or Senate candidate found to have lied in his or her declaration will be removed from office. Any other government official found to have made false statements will also be excluded from public office for 10 years. The vetting court held its first hearing on 24 February 1999 and the Justice Minister sacked two prosecutors in the wake of the first vetting list [8(d)(h)]

4.7 Local elections took place on 11 October 1998 at all three government levels (gmina, poviat and voivodship), the winner was the AWS (which altogether won 10,613 seats), followed by the SLD (8,840 seats), the PS Social Alliance (4,583), the UW (1,146), the Ojczyzna Movement (256) and Rodzina Polska (151). Voter turnout was more than 45%. [27(d)]

4.8 A fundamental reform of the state administration entered into force in January 1999. Powers have been devolved to three levels of self-government at regional (voivodships), county (poviats) and commune (gminas) levels and the number of voivodships has been reduced from 49 to 16. It is significant for the future because it will help to prepare Poland for entry into the EU, which places a big emphasis on regional self-government [39][40]

4.9 Poles have the constitutional right and the ability to change their government. Poland is a multi-party democracy in which all citizens 18 years of age and older have the right to vote and to cast secret ballots. [1(a)]

4.10 Executive power is shared by the Prime Minister, the Council of Ministers and to a lesser extent the President. Parliament has legislative powers and powers to appoint and control the government. It is composed of an upper house (the Senate, with 100 senators) and a lower house (the Sejm, with 460 deputies). The Constitution provides for parliamentary elections at least every four years. The President, elected for five years, has the right to dissolve Parliament in certain cases and Parliament may impeach the President. [1(a)]

4.11 The electoral law exempts ethnic minority parties from the requirement to win 5% of the vote nationwide in order to qualify for seats in individual districts. [1(a)]

4.12 Election to the Sejm is universal, equal, direct, proportional and conducted by secret ballot. Elections to the Senate are universal, direct and conducted by secret ballot [1(b)][4(c)]

4.13 The principles of equal election rights and equal possibilities to participate in the conduct of public affairs are stipulated in the following binding election law Acts in Poland:

(a) Act on the Elections to the Sejm of the Republic of Poland of 28 May 1993 (Dz. U. No. 45, item 205 with later amendments);

(b) Act on the Elections to the Senate of the Republic of Poland of 10 May 1991 (consolidated text: Dz. U. No. 54, item 224 of 1994);

(c) Act on the Elections to Commune Councils of 8 May 1990 (consolidated text: Dz. U. No. 17, item 85 of 1996);

(d) Act on the Elections of the President of the Republic of Poland of 27 September 1990 (Dz. U. No. 67, item 398). [34(d)]

4.14 All the Acts guarantee universality, directness, equality and secrecy of elections. The right to vote is granted to all persons of Polish citizenship (as well as to stateless persons, provided they have been residing in Poland for at least two years in the case of elections to commune councils or five years in the case of presidential elections) who, on the date of the elections, are over 18 years of age. Election rights are only denied to those persons who have been deprived of public rights by virtue of a final court judgement, who have been deprived of election rights by virtue of a final judgement of the State Tribunal, or those who have been legally incapacitated, in full or in part, by a final court judgment on account of mental disease or a mental deficiency. Any person who enjoys election rights is entered into the register of voters and everyone may file a complaint in respect of any inaccuracies in the register. In the event that the complaint is not complied with, the person concerned has the right to file a complaint before court. [34(d)]

C. The Polish Constitution

4.15 A new permanent, democratic Polish Constitution, to replace the much amended and supplemented Communist Constitution of 1952, was adopted by the National Assembly on 2 April 1997 and endorsed by popular referendum on 25 May 1997. The Constitution did not come into immediate force, pending a decision by the Supreme Court on the validity of the constitutional referendum. On 15 July 1997, the Court ruled that the referendum had been valid, clearing the way for the Constitution to become law, and so it came into force on 16 October 1997. [1(a)]

4.16 The 1997 Polish Constitution is considered to be a comprehensive and virtually exemplary recognition of human rights in Poland and its standards are compatible with international human rights standards. It has extensively expanded peoples rights and provided rights of redress which did not previously exist. The individual's rights are given legal protection and the means for achieving this are clearly stipulated. The Constitution specifically introduced for the first time the right for citizens, who believe their constitutional rights have been violated, to submit a complaint to the Constitutional Tribunal. Everyone has the right of access to official documents concerning him or herself, unless there are legal restrictions. Legal protection is given to these civic rights. Citizens now also have the right to initiate legislation. [2(h)]

4.17 The Constitution also grants citizens the right to freely express their opinions and to acquire and disseminate information. It prohibits preventive censorship of the means of social communication and the licensing of the press. Laws can require a permit for the operation of a radio or television station (article 54). Article 14 guarantees freedom of the press and other means of social communications. Article 61 specifies the right to information, stipulating that a citizen has the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. It further specifies that the right to obtain information provides access to documents and entry to sittings of collegial organs of public authority formed by universal elections. Limitations on the rights can be imposed by law solely to protect freedom and rights of other persons and economic subjects, public order, security, or important economic interests of the State.[34(a)] The 1998 Data protection Law has also set out improved provisions in this area and has led to the establishment of a general Inspector for Data protection. [39]

4.18 The two main special forces in Poland are the Office of State Security (UOP) and the Military Information Services (WSI). The internal security and armed forces are subject to effective civilian control by the government. Since 1996 the civilian Minister of Defence has had clear command and control authority over the military chief of the general staff, as well as oversight of military intelligence. [2h][4(c)]

4.19 All bodies of the police are obliged to receive citizens in the case of complaints and proposals every day during office hours and at least once a week for two hours after office hours. A citizen's right to make complaints and proposals is defined in the Constitution and specified in the Code for Administrative Procedures. At the Department of Internal Affairs and Administration these problems are regulated by the appropriate instructions of the Minister. Every person, regardless of citizenship, is entitled to make complaints and proposals and the Code of Administrative Law introduces the statutory legal protection of the complainant / proposer provided that he acted within the limits allowed by the law. Complaints may be delivered in writing, orally to be placed in a protocol, or in both forms simultaneously. [19]

4.20 In the case where the complaint is upheld, the complainant receives an apology personally or in writing. In cases which result in damage to health or material loss, the police pay damages. Additionally, a policeman who is found guilty of a breach of discipline is liable to service or criminal responsibility. [19]

4.21 Corruption among the Police is not a big problem in Poland. Cases which have been found were of an incidental character. After a complaint is upheld, the consequences are particularly acute; the policeman is dismissed from service and the Prosecutor's office opens an investigation against him. Every sign of corruption by a policeman becomes a subject for particularly penetrating checks. Tables 1 and 2 at Annex E give details of police complaints received. [19]

4.22 The Foreign & Commonwealth Offices, Know How Fund Polish Police Programme of assistance commenced in 1990 after an initial visit in June 1990. The Fund has been in existence for over 8 years and its aim has been to provide constructive assistance through the transfer of experience from the British police and British judicial system to aid the Polish police to come to terms with the policing needs of a newly formed democracy. The aim has also been to help in the development of a police organisation which is capable of dealing with differing and increasing crime and social problems which have emerged since the breakdown of the totalitarian state. The Polish police have made considerable progress in many of the key areas which are the cornerstone of professional policing, although they have still to overcome many problems in their efforts to create the ideal police service. [23]

4.23 The Constitution provides for an independent judiciary and the government respects this in practice. The government is restructuring the court system in order to streamline and accelerate the legal process. A new Criminal Code and Code of Criminal Procedure went into effect in September 1998 (although an ECHR ruling may already necessitate some changes.) [4(c)]

4.24 Poland currently has a four-tier court system, consisting of regional, provincial and appellate divisions as well as a Supreme Court. The tiers are sub-divided into five parts - military, civil, criminal, labour and family. Judges are nominated by the National Judicial Council and appointed by the president. Judges are appointed to the bench for life and may be reassigned but not dismissed, except by a decision of the National Judicial Council. The judicial branch is independent of the executive branch. The Constitutional Tribunal rules on the constitutionality of legislation, but its decisions may be overruled by an absolute majority in the Sejm. The 1997 Constitution renders Constitutional Tribunal decisions final and binding, effective after a 2-year interim period. [4(c)] The Supreme Court exercises supervision over the decision-making of all other courts. Its functions include the adoption of resolutions aimed at providing interpretation of legal provisions that give rise to doubts. The Supreme Administrative Court examines, in one procedure, complaints concerning the legality of administrative decisions. [1(a)]

4.25 The legislative, administrative and judicial machinery in place effectively prevents torture throughout the country. The Police Act of 4 April 1990 and the State Security Office Act of 6 April 1990 lay down specific rules for the disciplinary and criminal responsibility of officials of these institutions. The revision of the criminal legislation (Criminal Code and Code of Criminal Procedure) introduces many new arrangements for further guaranteeing the implementation of the provisions of the Convention. [34(b)]

4.26 The Polish legal system contains indispensable legal measures to guarantee the observance of article 7 of the International Covenant on Civil and Political Rights and of the regulations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly of the United Nations on 10 December 1984 (Journal of Laws 1989, No.63, items 378 and 379). [34(e)]

4.27 Provisions in Polish law allow access by every person to a fair and public hearing by a competent, independent and impartial court. In its judgment dated 11 March 1994, the High Court, in view of article 14 of the Covenant, expressed the principle that every man has the right to have his case considered by an independent and impartial court. In the judgment dated 21 December 1993, the High Court acknowledged that the right to have the case heard in court - which is the foundation of civil rights - can under no circumstances be interpreted in a restrictive manner, and that recourse to law may be excluded only on the basis of regulations having the rank of an Act, while doubtful cases, where there exists no absolute certainty concerning such exclusion, should be decided in favour of recourse to law. The right of the parties to appeal to a court of higher instance is given great weight. [34(e)]

4.28 There is an ordinary (complaints, appeals) and extraordinary (cassation) procedure of appealing against sentences and judicial decisions of courts; there is also a possibility of appealing against administrative decisions and then referring the case to the Supreme Administrative Court as being incompatible with the law. Such a system ensures effective control over the decisions of State administrative organs and authorities. [34(d)]

4.29 The courts provide fair trials, and there is no evidence of significant corruption. However, the court system continues to suffer from a cumbersome legal process, poor administration, and an inadequate budget, all of which contribute to a lack of public confidence. Many effective judges and prosecutors have left public service for the more lucrative private sector. Court decisions are frequently not implemented, particularly those of administrative courts. Bailiffs normally ensure the execution of civil verdicts such as damage payments and evictions. According to some observers, however, they are underpaid, subject to intimidation and bribery, and have a mixed record of implementing court decisions. Civil and administrative rulings against public institutions such as hospitals often cannot be enforced due to a lack of funds. Simple civil cases can take as long as two to three years before resolution, and the pretrial waiting time in criminal cases can be several months. The backlog and the costs of legal action seem to deter many citizens from using the justice system at all, particularly in civil matters such as divorce. The long wait for routine court decisions in commercial matters is an incentive for bribery and corruption. [4(c)]

4.30 Access to courts and other organs of court administration is regulated by the following legal Acts:

(a) Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296 with later amendments);

(b) Code of Criminal Procedure of 19 April 1969 (Dz. U. No. 13, item 96 with later amendments);

(c) Code of Procedure on Regulatory Offences of 29 May 1971 (Dz. U. No. 23, item 101 with later amendments);

(d) Labour Code of 26 June 1974 (Dz. U. No. 24, item 141 with later amendments);

(e) Act on Proceedings on Juveniles Matters of 26 October 1982 (Dz. U. No. 35, item 228 with later amendments);

(f) Code of Administrative Procedure of 14 June 1960 (consolidated text: Dz. U. No. 9, item 26 of 1980 with later amendments);

(g) Act on the High Administrative Court of 11 May 1995 (Dz. U. No. 74, item 368 with later amendments);

(h) Act on the Supreme Court of 20 September 1984 with later amendments (consolidated text: Dz. U. No. 13, item 48 of 1994);

(i) Act on the Ombudsman of 15 June 1987 with later amendments (consolidated text: Dz. U. No. 1099, item 471). [34(d)]

4.31 None of the above Acts gives grounds for differentiating between people on account of their race, colour of skin, birth or national or ethnic origin. All the legal Acts must comply with the Constitution. Article 67, paragraph 2, of the constitutional provisions stipulates that citizens of the Republic of Poland have equal rights irrespective of their race or nationality. [34(d)]

4.32 In June 1998 the Constitutional Tribunal ruled as unconstitutional a 1997 draft law requiring vetting/lustration of judges similar to that of political leaders. The law envisages the possible removal from service of judges proven to have violated judicial independence by issuing unjust verdicts between 1944 and 1989 at the request of the Communist authorities. Disciplinary proceedings against the judges in question could be initiated by the Minister of Justice, the presidents of the appellate or regional courts, the National Judiciary Council, or individuals who feel wronged by court verdicts. The draft law awaits Senate consideration. In December 1998 the Sejm adopted amendments to the law requiring that procedures against judges be initiated before 31 December 2002. At the end of 1998 the bill was with the Senate. [4(c)] According to Adam Strzembosz, the first chairman of the Supreme Court, around 20 judges will be included in the verification procedure. He added that he could not imagine that anyone at all would be unjustly treated in Poland. The National Judicial Council (KRS) or a person directly wronged by an unjust ruling would be able to make a demand for the punishment of a compromised judge, but only in cases where the wrong is confirmed by a court verdict. [24(b)]

4.33 Commenting on the judiciary in its report of November 1998, the EU Commission considered that the difficulties and constraints identified in the Commissions Opinion remain a source of concern, the average time for processing court cases has progressively increased and the enforcement of court rulings and access to the courts have not improved since the Opinion. However, the provisions of the 1997 Constitution set out a framework for significant reinforcement of the rule of law. Important developments during 1998 included :

4.34 The Polish Constitution prohibits arbitrary arrest and detention and the government observes this prohibition. Since August 1996 courts, not prosecutors have issued warrants, in line with the ECHR. Polish law allows a 48-hour detention period before authorities are required to bring a defendant before the court and an additional 24 hours for the court to decide whether to issue a pre-trial detention order. Once a prosecutor presents the legal basis for a formal investigation, the law provides the detainee with access to a lawyer. A detainee may be held in pre-trial detention for up to three months and may challenge the legality of his arrest through appeal to the district court. A court may extend this pre-trial confinement period every three months for up to 18 months until the trial date. Bail is available, and most detainees are released on bail pending trial. [4(c)]

4.35 All defendants are presumed innocent until proven guilty. At the end of a trial, the court gives its decision orally and then has seven days to prepare a written decision. A defendant has the right to appeal against a decision within fourteen days of the written decision. Appeals may be made on, among other grounds, the basis of new evidence or procedural irregularities. [4(c)]

4.36 Trials in Poland are normally public. The court, however, reserves the right to close a trial to the public in some circumstances, such as divorce cases; trials in which state secrets may be disclosed, or cases whose content might offend "public morality". The courts rarely invoke this prerogative. [4(c)]

4.37 If an act of omission of the organs, organisations and institutions, which are obliged to comply with and exercise civil rights and freedoms has resulted in any infringement of the rights and freedoms specified in the Constitution or in other provisions of the law, the person whose rights have been violated is entitled to file a complaint to the Ombudsman. The Ombudsman is also competent to examine issues related to the protection of civil rights and freedoms in respect of foreigners, within the scope of the rights and freedoms to which they are entitled in Poland, as well as the rights of persons residing in Poland whose Polish citizenship has not been established and who at the same time are not citizens of another State. In case he ascertains, on the basis of the complaints and requests obtained, that a given binding provision of the law creates opportunity for an infringement of civil rights and freedoms, the Ombudsman may, among other measures, apply to the Constitutional Tribunal to ascertain the incompatibility of the legal act in question with the Constitution. Between 1992-1996, in none of the cases examined did the Ombudsman ascertain discrimination for racial reasons, and the few cases involving alleged national discrimination have not been confirmed. At the same time, in June 1995 the Ombudsman issued a statement in which he pointed to the disturbing phenomenon in some communities of the spreading of racial and religious hatred. In this statement the Ombudsman criticised the well-known sermon preached by a priest, in Gdansk, in which he incited intolerance against people who have not admitted "whether they come from Moscow or from Israel". This pronouncement has been condemned by the President and the government and criminal proceedings were instituted against the priest. [34(d)]

4.38 According to the EU Commission Report on Poland of November 1998, the office of the Commissioner for Civil Rights Protection (CCRP), with a staff of 190, is functioning well and has made a significant contribution to the protection of citizens rights. The CCRP is appointed by the Sejm for a five year tenure, his decisions are not subject to appeal, citizens are entitled to free access and the Commissioner enjoys high public confidence. The CCRP has reported that further efforts are required to improve provisions for legal recourse for members of certain professional groups (armed forces, medical profession) who have been subject to disciplinary measures. [39]

4.39 Prison conditions, although rapidly approaching minimum international standards, are still generally poor, according to reports by non-governmental organisations (NGOs). Many facilities are old and in disrepair, and overcrowded. According to a July 1998 report by the National Penitentiary Authority, the prison population is in desperate need of additional funding. Out of 156 detention centres, 100 require considerable renovation. At the same time the Authoritys annual budget continued to fall. The Ombudsman for Human Rights complained about the safety of prisoners, noting that inmates are often the victims of violence from other prisoners. For example, in September 1996, an 18-year-old mentally retarded boy was beaten and sodomised by fellow inmates. Those found guilty of the rape were convicted and sentenced to 10 additional years in prison. A civil trial against the prison administration for wrongful neglect was pending. Lawyers for the boy asked for approximately $30,000 (100,000 PLN) in damages. [4(c)]

4.40 The Ombudsman has also suggested that prison populations be reduced, including decriminalising certain offences. The ratio of prisoners to rehabilitation officers is poor. The government permits human rights monitors to visit civilian prisons. [4(c)]

I. Capital Punishment

4.41 In March 1996 the Sejm began debating a new penal code which would totally abolish the death penalty. On 3 July 1997 President Kwasniewski signed the new code into law. It came into effect on 1 January 1998. A formal moratorium on carrying out executions was introduced in 1995, although the last execution in Poland was in 1988. [10(a)][11(b)]

4.42 The abolition of capital punishment reportedly took place despite the objection of a majority of citizens. Poles have generally been appalled at the huge rise in the crime rate since 1989, even though it is still below West European levels in many categories. According to the PAP News Agency, the new legislation provides for life prisoners to move to a semi-open prison after 15 years and an open jail after 20. [10(a)]

4.43 The new Penal Code which took effect on 1 September 1998 eliminates the death penalty and introduced life imprisonment as the most severe form of punishment. [26(d)]

4.44 On 15 September 1998, the Internal Affairs Ministers of Poland and Russia, signed a declaration of co-operation in Moscow. The declaration concerns fighting illegal immigration, ensuring the safety of passengers travelling between Poland and Russia, and creating a joint database on criminal groups. As from October 1998, the two countries' operational services would conduct a joint operation against car thieves and smugglers. Policemen from Germany, Lithuania and Belarus would also take part. The possibility of joint training in relation to policing and the co-operation of intelligence systems on criminals and all groups involved in these affairs would also be considered. [24(d)]

4.45 On 3 March 1999 Polands Minister of Internal Affairs and his Ukrainian counterpart signed an intergovernmental agreement on fighting organised crime. The agreement foresees broad co-operation, in particular between Polish and Ukrainian border guards and police, including joint actions and information exchange. It was agreed that organised crime problems involved drug and arms trafficking and people smuggling. [8(n)]

4.46 A report prepared by the Minister of Internal Affairs entitled An assessment of the state of public security and safety in Poland was submitted to the government at the end of February 1999. It concluded that the opening of borders and the migration in every direction have created conditions for the rise of organised crime and domestic criminal gangs. The report states that in the last few years the crime rate has been rising by about 10% a year, with most crimes being economically motivated. This is reflected in increasing numbers of crimes involving the use of firearms, chiefly in robberies and vendettas, the internationalisation of crime, growing gang warfare and especially kidnappings and criminal terrorism. [41]

4.47 Since 1995 prosecutors have had the authority to grant witnesses anonymity at trial if they express fear of retribution from the defendant. This law was designed to help combat organised crime, although it impacts on defendants right to confront accusers [4(c)] The new Penal Code also has provisions for fighting organised crime, for example, allowing the confiscation of earnings from such activities. [10(a)]

4.48 The threat of organised crime has provoked legislative responses which have raised questions regarding the right of privacy. Parliament has permitted the police and intelligence services to monitor private correspondence and to use wiretaps and electronic monitoring devices in cases involving crimes, narcotics, money laundering or illegal arms sales. A large number of wiretaps have been authorised without independent review, although a number of warrants were later curtailed after intervention by the Human Rights Ombudsman. [4(c)]

4.49 The EU Commission noted in its report of November 1998 that the Ombudsman had prepared an assessment of the procedures and practices on wiretapping and control of private correspondence. [39]

4.50 Polish citizenship is governed by the Polish Citizenship Act dated 15 February 1962 (Dz.U. of 1962, No.10, item 49 as later amended). The general rule expressed in Article 8, Section (1) is that a foreign national may be granted Polish citizenship if he has been a resident in Poland for a period of not less that five years. Under Section (2), a foreigner may, in particularly justifiable cases, be granted citizenship, despite not having fulfilled the conditions mentioned in Section (1). The phrase "in particularly justifiable cases" is however, very unclear and undefined. Under Article 12, Section (1), a refugee arriving in Poland becomes a Polish citizen by virtue of law. However, this provision is very misleading because a "refugee" is defined as an individual of Polish nationality or ancestry who arrived in Poland with an intention to reside permanently. [12(a)]

4.51 There was no progress in 1998 to amend the 1962 Citizenship Law, which discriminates against Polish women by refusing them the same right as men to transmit citizenship to their foreign-born spouses. [4(c)]

i) Permanent Residence Card

4.52 According to Article 13, Section (1) of the Foreigners' Act dated 29 March 1963 (Dz.U. No.7, item 30 as later amended), a foreign national may be granted a permanent residence card. Under Section (2), such a card is issued by the relevant provincial authority, (a voivod), upon an opinion given by the relevant police authority. This opinion constitutes an administrative decision which can be appealed. [12(a)]

ii) Employment Matters

4.53 According to Article 50, Section (1) of the Employment and the Prevention of Unemployment Act dated 14 December 1994 (Dz.U. No.122, item 573 as later amended), an employer may hire a foreign national without a permanent residence card or a "refugee" subject to the prior permission from a local Provincial Employment Office. Under 2 Section (1) such permission is issued for a period of no longer than 12 months. The permission entitles a foreign national to apply for a right of residence in order to provide services in Poland. Moreover, under Section (4), such permission entitles a foreign national to apply for a right of residence in respect of his/her work in cases where a foreign national is hired by the Ministry of National Education as a language teacher; is a medical doctor, dentist or a graduate of a Polish medical school. Only the acquisition of Polish citizenship guarantees the full employment of rights and benefits as provided by Polish law. A work permit provides certain social benefits for foreign nationals. [12(a)]

4.54 A new law on identity cards came into effect on 27 December 1997 which stated that foreigners holding the right to permanent residency have until 26 June 1998 to apply for a new card at their municipality of residence. The fee would increase after this date. The old cards would not necessarily be invalid after 27 June 1998 but would still be accepted until the new ones have been delivered which was expected to take some time. The new cards should be valid for 10 years and contain a photograph of the bearer. [29(a)]

4.55 Poland has a very comprehensive health care system which is available to Polish Nationals and foreigners who have been given residence status there. Each voivod has a number of district health centres which provide a full range of treatment including mental health care. Psychiatrists and physiologists undertake counselling both for the public funded welfare system and privately. There is a private health care system, although it is expensive. Some of the large state companies have their own medical centres, including mental health care. [2(e)]

4.56 In Poland all citizens who pay (national) insurance are eligible for free health care no matter what their residential circumstances. Those who do not pay the (national) insurance may also use the state medical facilities but they pay the medical fees which relatively small, e.g. to consult a doctor as an out-patient costs PLN 5 (approximately 1). There are also social services all over Poland which provide assistance to those who are homeless or without money. The Polish Ministry of Health has confirmed that no-one is left without medical care in Poland. [2(j)] The number of patients per doctor in Poland is around 400 people, lower than the United States, Germany and Holland. Furthermore, one quarter of hospital beds in Poland remain unoccupied. [30(a)]

4.57 Medical care is provided free for all workers and rural population. Welfare benefits are available to the to the unemployed and pensions are organised and managed by the Union of Pensions, Invalids and Retired Persons. [1(b)]

4.58 On 24 August 1998, President Kwasniewski, signed the much criticised amendments to the health insurance act, paving the way for the launch of health funds as of 1 January 1999. The amendments mean that 16 regional health funds will be set up on 1 January 1999 and financed from contributions reaching 7.5% of personal tax income. Prime Minister Jerzy Buzek has declared that the coalition attached great importance to changes in the health sector. [8(g)][27(b)]

4.59 Education is free and compulsory between the ages of 7 and 14 years. Before the age of 7, children may attend creches or kindergartens. In 1996/97 enrolment at primary schools and secondary schools was equivalent to 99.1% and 86.6% respectively of children in the relevant age group. Secondary education is free to candidates who are successful in the entrance examination. At this level there are general secondary schools, vocational technical schools and basic vocational schools. Vocational technical schools can lead to qualifications for entering higher educational establishments, while general entry to secondary schools may lead to college or university. [1(a)]

4.60 The structure of the Polish educational system is specified by the Act on the System of Education of 7 September 1991, with later amendments. The system is based upon the principle of equality of rights and it is structured in the following way. At the age of seven a child begins education in a primary school. Education at the elementary level is obligatory and free of charge. The next stage includes vocational training (vocational schools - three years, technical colleges - four or five years) or general education (comprehensive secondary schools, so called lyceums). At this level education at State schools is also free of charge. Private social schools are being established which charge tuition fees. The decision as to which school a child will attend depends solely upon the parents' wishes and their financial situation. Schools cannot make the admission and the teaching of a child conditional upon his race, religion or nationality. The admission to a school depends on the results of entrance examinations, qualification interviews and comparison of primary school certificates. The education in a comprehensive secondary school as well as in a technical college ends with the matriculation examination, "matura". The passing of this examination is a prerequisite for taking entrance examinations to schools of higher education which, in case of studies in state schools - and they are in the absolute majority - are also free of charge, or to private schools of higher education which charge tuition fees. The studies take about five years. Such a system of education provides the possibility of obtaining a three-level education: primary (obligatory), secondary (vocational or general) and higher education. [34(d)]

4.61 The Regulation of the Minister of National Education of 24 March 1992 on organising instruction with a view to maintaining the sense of national ethnic and linguistic identity of students who belong to national minorities (Dz. U. No. 34, item 150), makes this statutory provision more specific by showing the means to be used in exercising the educational rights of minorities as well as the mechanisms which co-ordinate the education policy of the State in this field. A section of the Regulation reads: "The supervision over proper execution of the educational rights of national and ethnic minorities shall be exercised by the school superintendent". Section 3 reads: "Native language classes for national minorities shall be organised on a voluntary basis. They shall be organised by the director of the school (kindergarten) upon a written request of parents or legal guardians of children. In case of teenagers from secondary schools, the declarations expressing their wish to participate in native language instruction at school may be made by students themselves". Section 12 reads "The educational process at schools for national minorities as well as the instruction in the field of the arts shall promote respect for the world cultural heritage and the maintenance of regional traditions and culture". [34(d)]

4.62 In Poland, 18,795 persons learn their native language in 289 Polish institutions (schools and inter-school groups). To this aim 391 teachers have been employed. Native language instruction is being conducted for the Belorussian, Lithuanian, Ukrainian, Slovak and German minorities. Other data has been illustrated in the table below:

(please also see the Section V, L, Ethnic Minority Groups (General))

4.63 The government generally co-operates with the United Nations High Commissioner for Refugees (UNHCR) and other humanitarian organisations in assisting refugees. There were no reports of forced repatriation of those having a valid claim to refugee status in 1997. Foreigners recognised as refugees under the 1951 UN Convention Relating to the Status of Refugees are granted full refugee status and permission to remain permanently. According to UNHCR figures, approximately 964 individuals applied for refugee status during the first half of 1998. Of the total number of applicants awaiting decision (including applications carried over from 1997), 29 were approved, 367 were denied and 619 were discontinued due to the applicants failure to appear for a hearing. [4(c)]

4.64 In September 1997 the President signed a new law on immigration (Aliens Law), which human rights organisations generally viewed as a positive development. Initiated two years earlier, the new law gives all prospective refugees access to a procedure for adjudicating refugee status and established an independent council to which prospective refugees can appeal negative status decisions by the Ministry of Internal Affairs. It regulates both general aliens affairs such as the right of entry, residence and deportation, as well as issues specifically relating to refugees. The law does not recognise the concept of first asylum or any other form of temporary protection. [4(c)] Recent public opinion polls indicate that more and more Poles are favourably disposed to refugees. [35]

4.65 Some observers have criticised the authorities for using deportation centres in lieu of refugee centres (when the latter are full), as well as for long delays in the initial review of refugee status applications. The government has cited a lack of resources as a major cause of the problems. [4(c)] The EU Commission, in its report of November 1998, also considered that further efforts were required to improve the speed of processing. [39]

4.66 A Helsinki Foundation Report drafted after extensive monitoring of eight of Polands major border crossings, provided a generally favourable assessment of the countrys treatment of refugees. While critical of the general unavailability of interpreters and information leaflets printed in different languages, the report points out that border officials were acquainted with the contents of the new Aliens Law, particularly those provisions relating to the application for refugee status and were well prepared for their duties. [4(c)]

4.67 Integration into western economic and security structures, principally NATO and the EU, has been an overriding goal of Polish foreign policy. In 1991 Poland signed an Association Agreement with the EC and in April 1994 submitted its application to join the EU. In July 1997 Poland received a favourable Opinion from the European Commission on its readiness to undertake accession negotiations and in December 1997 the Luxembourg European Council confirmed that Poland should be invited. [2(i)]

4.68 Poland signed up to NATO's Partnership for Peace (PfP) programme in February 1994 and has participated enthusiastically in PfP activities. In May 1994 Poland became an Associate Partner of the WEU. At the Madrid Summit in July 1997, NATO invited Poland, together with the Czech Republic and Hungary, to start accession negotiations. [2(i)]

4.69 In November 1997, the German, French and Polish Defence Ministers announced a three year programme of joint military exercises to help prepare Poland for NATO membership. The three military forces would hold annual exercises beginning in 1998 to assist Polish armed forces in adjusting to NATO military standards. [8(c)]

4.70 On 12 March 1999 Poland, together with the Czech Republic and Hungary were admitted as full members of NATO. [26(a)]

4.71 EU membership remains a top priority for the government and there is currently popular support for EU membership. On 30 March 1998 the accession process was formally launched by a meeting of Ministers of Foreign Affairs of the 15 EU member States, the ten Central and Eastern European applicant states and Cyprus. Poland hopes to be ready to join by the end of 2002. [39]

4.72 The Commission of the European Union reports regularly to the European Council on the progress made by each candidate country of Central and Eastern Europe in preparation for membership. Its first full report on Polands progress towards accession was submitted to the Council in November 1998 (refer to Section V, paragraph 5.5) [39]

5.1 For further details of international Conventions ratified by Poland, please refer to sources [16][17][34(a)-(e)].

5.2 Poland submitted its application for membership of the European Union on 5 April 1994. In preparing its Opinion, the European Commission applied the criteria established at the Copenhagen European Council in June 1993. The conclusions of this Council stated that those candidate countries of Central and Eastern Europe who wish to do so, shall become members of the Union if they meet the following Copenhagen criteria:

u stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities;

u the existence of a functioning market economy, as well as the ability to cope with competitive pressures and market forces within the Union and

u the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.

5.3 In preparing its Opinion, the Commission analysed the situation in Poland, taking into account progress accomplished and reforms already underway. It also analysed the current situation, going beyond a formal account of the institutions to examine how democracy and the rule of law operated in practice. In the light of these considerations, the Commission concluded that Poland presents the characteristics of a democracy with stable institutions guaranteeing the rule of law, human rights and respect for and protection of minorities. The Commission, therefore, recommended that negotiations for accession should be opened with Poland. [38]

5.4 In its report submitted to the European Council in November 1998, the Commission reported on Polands progress towards accession. It concluded that Poland continues to fulfil the Copenhagen political criteria. With respect to Human Rights and the Protection of Minorities, the report stated that it would appear that there have been no cases of inhuman and degrading treatment recorded in Poland since the Opinion. Poland has already acceded to most of the major human rights instruments. The 1997 Constitution provides explicit protection for the citizens right to privacy. The ECHR Conventions Protocols 6,7 and the Framework Convention for the Protection of National Minorities are not yet ratified. However, Poland has ratified Protocol 11 of the ECHR and the European Social Charter during 1998. [39]

5.5 Commenting on civil and political rights, the Commission found that basic rights continued to be respected and some developments were registered in 1998 including:

(a) The office of the Commissioner for Civil Rights Protection (CCRP) - with a staff of 190 is functioning well and has made a significant contribution to the protection of citizens rights. The CCRP is appointed by the Sejm for a five year tenure, his decisions are not subject to appeal, citizens are entitled to free access and the Commissioner enjoys high public confidence. The CCRP has reported that further efforts are required to improve provisions for legal recourse for members of certain professional groups (armed forces, medical profession) who have been subject to disciplinary measures;

The 1998 Data protection Law sets out improved provisions in this area and has led to the establishment of a general Inspector for Data protection;

As far as freedom of expression is concerned, Poland continues to have a lively and active press;

The number of asylum applications in Poland has increased and in general asylum procedures are carried out in accordance with the law, but further efforts are required to improve the speed of processing;

With respect to the judiciary, the difficulties and constraints identified in the Commissions Opinion remain a source of concern, the average time for processing court cases has progressively increased and the enforcement of court rulings and access to the courts have not improved since the opinion. However, the provisions of the 1997 Constitution set out a framework for significant reinforcement of the rule of law. Important developments during the year included :

5.6 The Commission further considered that basic social, economic and cultural rights continued to be guaranteed. Nevertheless, Human Rights organisations have expressed their concerns about the need to make progress on national policies improving the treatment of women. [39]

5.7 With respect to minority rights and the protection of minorities, the Commission considered that respect for, and protection of minorities continues to be assured and in particular:

The President and government of Poland have worked constructively to meet the concerns of the Jewish community. In particular, the government has made commitments to contribute to an international assistance fund for victims of Nazi oppression.

The 1998 Penal Code also provides for penalties against those who use the mass media to advocate discord on national, ethnic, racial or religious grounds. [39]

5.8 Poland, being a democratic, law-abiding State, guarantees to all those who find themselves on Polish territory full protection of the rights and freedoms acknowledged by the International Covenant on Civil and Political Rights. [34(e)]

5.9 In 1996 suspected perpetrators of past human rights abuses were brought to trial. In April of that year, General Wojeciech Jaruzelski and eleven other former senior communist officials were indicted for the killing of 44 protesting workers in Gdansk and Gdynia in 1970. These cases have usually been abortive due to the absence of defendants or lack of evidence. Trials relating to extrajudicial killings during the communist period continued during 1998. In November 1998 the Katowice court of appeals decided to annul the 1997 acquittals of 11 riot policeman accused of killing miners during martial law, citing legal defects in the handling of the case.[4(c)] However, in May 1996 two former police officers went on trial in Warsaw for the killing of Grzegorz Przemyk, a 19 year old high school student, in 1983. The trial concluded with guilty verdicts against the two former policemen. [11]

5.10 The Polish government respects the rights of its citizens. There were no reports of political killings or any reports of politically motivated disappearances in 1998. Nor were there any reports of political prisoners or cases where persons were exiled in 1998. The Polish Criminal Code prohibits torture and there were no reported incidents of such treatment in 1998. [4(c)]

5.11 The Polish Constitution also provides for the right to privacy of correspondence and the government does not arbitrarily monitor private mail or telephones. There is no Polish legislation that guarantees the right to privacy, although Poland has signed the European Convention on Human Rights, which provides for that right. [4(c)]

5.12 In response to the growing threat of organised crime and money laundering, however, the parliament passed a law in July 1995 permitting the police and secret services to monitor private correspondence and to use wire taps and electronic monitoring devices in cases involving a serious crime, narcotics, money laundering, or illegal arms sales. The Minister of Justice and the Minister of Interior must authorise these investigative methods. In emergency cases, the police may initiate an investigation using wiretaps or opening private correspondence at the same time as they file an application for permission with the Ministries to engage in these activities. Parliamentarians and human rights groups have expressed concern about the lack of control of this type of surveillance (also refer to Section IV, paragraphs 4.48  4.49). [4(c)]

5.13 A law passed in August 1998 prohibits the collection of information about a persons ethnic origin, religious convictions, health condition, political view, membership of religious, political or trade union organisations [4(c)]

5.14 Polish law forbids arbitrary forced entry into homes. Search warrants issued by a prosecutor are required in order to enter private residences. In emergency cases when a prosecutor is not immediately available, police may enter a residence with the approval of the local police commander. In the most urgent cases, in which there is not time to consult with the police commander, police may enter a private residence after showing their official identification. There were no reports that Polish police abused search warrant procedures in 1998. [4(c)]

5.15 The United Nations' Committee Against Torture, in its June 1996 report, welcomed the measures taken by the Polish authorities in cases of incitement to racial hatred. Furthermore, it considered the work of the Ombudsman in relation to the promotion and protection of human rights to be a positive development, as well as the efforts undertaken by the authorities to protect minorities. In this regard, the bilateral treaties, which include specific provisions of protection against racial discrimination and guarantees of equal rights with regard to minorities, that have been signed with neighbouring countries, are an encouraging development. They also noted with satisfaction that the Act on the Elections to the Sejm of 28 May 1993 provided measures for promoting minority rights in the electoral process. [34(b)]

5.16 The second periodic report on the implementation by Poland of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment showed the continued changes in legislation made to create and strengthen legal guarantees to ensure respect for the civil and political rights that are the components of a State subject to the rule of law. Poland also ratified the European Convention on Human Rights and established contacts with international NGOs such as Amnesty International, the Helsinki Federation of Human Rights and Interpol. The implementation of the provisions of the Convention has become an enduring and very important factor in the process of transforming the legal system and the way in which it is applied. [34(b)]

5.17 Human rights are more and more widely promoted and taught in Poland. At several universities (e.g. Gdansk, Poznan, Torun, Lublin, Warsaw) human rights have become a subject of regular lectures. A number of monographs on human rights have been published. They are widely available in bookshops and libraries. The judicial decisions of the European Commission and Court in Strasbourg are widely published, both in professional publications ("Prokuratura i Prawo" - "Prosecution and Law", "Palestra" - "The Bar") as well as in daily papers (the legal supplement to "Rzeczpospolita" - "The Republic"). The Ministry of Justice organises a number of training sessions for judges and prosecutors, which are devoted to human rights. The Supreme Court organises seminars on this subject. Particularly intensive training sessions are conducted by the community of attorneys as well as by the Association of Active Judges "Iustitia". [34(d)] There were no reports of political prisoners in Poland in 1998, nor were there any reports of political killings. [4(c)]

5.18 Review of government policy on the national and local levels with respect to the elimination of racial discrimination is encouraged by the promotion of human rights in Poland as well as by the ratification by Poland of several conventions concerning human rights. [34(d)]

B. Human Rights Monitoring and NGOs

5.19 A number of human rights groups operate without government restriction, investigating and publishing their findings on human rights cases. Government officials generally are co-operative and responsive to their views. Some local NGOs reportedly consider that a hostile regulatory climate is developing in parts of the government bureaucracy [4(c)]

5.20 The Helsinki Committee, a major non-governmental organisation, conducts human rights investigations without government interference. Members of the Committee reported that the Polish government displayed a generally positive and helpful attitude towards human rights investigations. [4(c)]

5.21 The Office of the Commissioner for Civil Rights Protection (the Ombudsman), established in 1987, is an effective and independent body with broad authority to investigate alleged violations of civil rights and liberties. The Ombudsman registers each case that is reported to his office and files grievances, where appropriate, with the relevant government office. He has no legislative authority and is sworn to act apolitically. The government co-operates with his office. (Also refer to Section V, paragraph 5.5 (a) and Section IV, paragraphs 4.37-4.38) [4(c)]

5.22 According to the EU Commission Report on Poland of November 1998, the countrys NGOs continue to play an important and influential role in national debate. [39]

5.23 The Constitution provides for equal rights regardless of sex and accords women equal rights with men in all fields of public, political, economic, social, and cultural life, including equal pay for equal work. In practice, however, women are paid less for equivalent work, on average hold lower level positions, are discharged more quickly, and are less likely to be promoted than men. There are no laws providing legal redress for women subject to such discrimination or to sexual harassment at the workplace. [4(c)]

5.24 Although women are employed in a broad variety of professions and occupations, and a few women occupy high positions in government and in the private sector, legal barriers, such as clauses in social insurance law limiting child sick care benefits to women only and early retirement for women, encourage discrimination in hiring. There are no legal penalties for discriminatory hiring practices, and advertisements for jobs frequently indicate a preference according to sex. In May 1996, the Labour Code was modified to allow women access to a number of previously forbidden careers. [4(c)]

5.25 Violence against women continued to be a problem in Poland in 1998, with reports of wife beating and spousal rape. Police do intervene in cases of domestic violence, and husbands may be convicted for beating their wives. [4(c)]

5.26 The Ombudsman for Human Rights monitors the rights of women within the broader context of human rights. Observers consider that the broad scope of the office's mandate dilutes its ability to function as an effective advocate of women's issues. Within the Cabinet, the "Government Plenipotentiary for Family Affairs" is responsible for providing relevant information to the government as it formulates policy. Several womens rights NGOs exist, including the Polish Foundation for Women and Family Planning and the Women's Rights Centre. These groups are active advocates of gender equality and advance their goals through research, monitoring, and publication. Several church-sponsored womens advocacy organisations also exist, but their co-operation with other womens NGOs is limited. [4(c)] Human Rights organisations have expressed their concerns about the need to make progress on national policies improving the treatment of women. [39]

5.27 The problem of sexual harassment is a relatively new one, but women are increasingly talking about it and speaking out against it. While laws specifically addressing sexual harassment do not exist, social awareness is increasing, as are mechanisms with the potential to deal with the problem. The new Criminal Code, for example, states that whoever takes advantage of a position of power in a relationship to gain sexual gratification may be sentenced to prison for between 6 months to 5 years. According to a Supreme Court advisory opinion, such a relationship can occur between employers and employees, between supervisors and subordinates, or between teachers and students. This provision can only be used when the harassment occurs between persons of unequal rank. [4(c)]

5.28 Trafficking in women to and through Poland is a growing problem. The practice is illegal and several provisions in the Criminal Code address this problem. Those convicted of trafficking in women or children may be sentenced to prison for three to 10 years and those convicted of luring individuals to work as prostitutes abroad are threatened with a prison sentence of one to 10 years. [4(c)]

5.29 The principle of equality of all children, regardless of their race, colour, sex, language, religion, national and social origin, property or birth, lies at the base of the legal regulations concerning every child, and is strictly observed whenever law is applied. The ratification by Poland of the Convention on the Rights of the Child has had a substantial impact on the creation and observance of law aimed at the protection of the rights of every child. [34(e)]

5.30 An indispensable network of child-care establishments was set up in the educational system. In this system institutions provide child-care to children from their birth to their coming of age (for example crèches, kindergartens, infant orphans' homes, orphans' homes run by families, guardianship emergency centres, special care educational homes, school dormitories, youth community centres, sociotherapy centres, etc.). [34(e)]

5.31 Vital importance is given to the High Court judgment dated 12 June 1992 concerning the increasing number of adoptions of Polish children by applicants in permanent residence abroad. In its judgment the High Court acknowledged that adoption of a Polish child - which involves removal of the child to another country - may take place in the event that no possibility exists to place the child in a foster or adoptive family in Poland in the equivalent conditions. The High Court underlined that this procedure gives precedence to the well-being of the child, provided for in article 20, paragraph 3 and article 21 (b), of the Convention on the Rights of the Child. [34(e)]

5.32 The Constitution extends some state protection to the family and children and provides for the appointment of an Ombudsman for children's rights (not appointed by the end of 1998). The government sponsors some health programmes targeted specifically at children, including a vaccination programme and periodic check-ups conducted through the schools. However, budget shortfalls prevent complete implementation of these programmes. There are no procedures in schools to protect children from abuse by teachers; in fact the teachers' work code guarantees a teacher legal immunity from prosecution for the use of corporal punishment in classrooms. [4(c)]

5.33 Article 48 of the Polish Constitution, whilst stipulating that parents have the right to raise their children according to their own beliefs, states that this right must be exercised with "allowance for the degree of the child's maturity, and for the freedom of his or her conscience, religious belief and convictions". [4(a)]

5.34 There is unequal treatment of young men and women in terms of the age of majority, which is 18 under the Civil Code. However, a young woman can reach majority at the age of 16 if she has entered into marriage with the consent of her parents and the guardianship court. In addition, men are not permitted to marry without parental consent until the age of 21, whereas women may do so at the age of 18. The suggested reason for this difference in treatment is the assumption that it is better that men entering compulsory military service not be encumbered with families. [4(c)]

5.35 Prostitution among 12 and 13 year olds is reported to be increasing and unemployment, alcoholism and housing shortages affect the quality of life of children. Moreover, there are no laws that explicitly address violence against children or corporal punishment. Abuse is rarely reported and convictions for child abuse are even rarer. There is no societal pattern of abuse of children. [4(c)]

E. Homosexuals

5.36 Polish law states that "all are equal under the law" and makes no reference to sexual or any other minority. In the main, Poland follows International Convention which, although it does not refer to homosexuals specifically, does apparently state that "people of different race, religion, skin colour and others should not be discriminated against under law." [2(d)]

5.37 Certain restrictions are, however, placed on same sex relationships. These relationships are not allowed to contract a legal marriage, adopt children or inherit from each other. Officially registered organisations, recognised by the Polish Courts, exist to help sexual minority cases should they arise. One view taken is that although homosexuality is generally tolerated in the larger towns and cities, condemnation by the local populace is extremely likely in the rural areas. [2(d)]

5.38 Poland's first "Gay Pride" demonstration, planned for Warsaw's central Castle Square, was abandoned on 11 July 1998, after city authorities withheld permission. An organiser of the event apparently said only 10 people had the courage to openly demonstrate their sexual orientation. The participants dispersed after an organiser called upon President Kwasniewski to set up a special team to promote homosexual rights. [10(e)]

5.39 In 1996 there were approximately 5 million disabled persons in Poland, and the number is expected to reach 6 million by the year 2010. In 1995 the Central Bureau of Statistics (GUS) reported that 17% of disabled persons able to work are unemployed. Advocacy groups claim that the percentage is much higher. The latest GUS data indicate that 57.3% of the disabled have no more than an elementary education, compared with 30% of those without disabilities and that only 3.5% have a university education, compared with 7.7% of the non-disabled. [4(c)]

5.40 The Constitution provides for aid to disabled persons "to ensure their subsistence, professional training, and social communication," and a number of laws protect the rights of people with disabilities. Implementation, however, falls short of rights set out in the legislation. Public buildings and transportation are generally not accessible to people with disabilities; the law provides only that such buildings "should be accessible." [4(c)]

5.41 The law creates a state fund for the rehabilitation of the disabled that derives its assets from a tax on employers of over 50 persons, unless 6% of the employer's work force are disabled persons. While the fund has adequate resources, its management has encountered difficulties, including frequent changes in leadership. According to press reports, the fund has 4,000 grant applications pending. In addition, the fund by law cannot be used to assist disabled children, that is, persons under 16 years of age. [4(c)]

5.42 A 1996 law which took effect in September 1997 allows individuals from certain disability groups to take up paid employment without the risk of losing their disability benefits. Previously, disabled individuals from those groups lost their benefits once they began to work. [4(c)]

Religious Freedom

5.43 The Constitution ensures freedom of faith and religion. The government respects this right. Citizens enjoy the freedom to practice any faith they choose. Religious groups may organise, select and train personnel, solicit and receive contributions, publish and engage in consultations without government interference. There are no government restrictions on establishing and maintaining places of worship. Current law places Protestant, Catholic, Orthodox and Jewish communities on the same legal footing and the government has attempted to address the problems that minority religious groups face. [4(c)]

5.44 The Guarantee of Freedom of Conscience and Religion Act dated 17 May 1989 provides the possibility to set up churches and other religious associations by every person wishing to do so. The procedure requires a declaration of adherence to be delivered and an entry into the register to be made. As at 1 July 1994, religious activity was carried out in Poland by about 100 Churches and other religious associations. Some of them (15 Churches) have their own legal status regulated by the Act. The others have so far used the procedure of entry into the register. This double form of regulation is used merely to ease the settlement of the legal condition of the new religious associations. It does not, however, cause any differences in the rights of these associations to perform their religious functions. [34(e)]

5.45 The Roman Catholic Church was granted full legal status in May 1989, when three laws regulating aspects of relations between the Church and the State were approved by the Sejm. The legislation guaranteed freedom of worship, and permitted the Church to administer its own affairs. The Church was also granted access to the media, and allowed to operate its own schools, hospitals and charitable organisations. [1(a)]

5.46 The Republic of Poland guarantees its citizens the right to take part in religious practices and rites also through the mass media, and in particular through the all-Poland radio which, in the field of radio programmes for churches and minority denominations, plays an essential role. The basis for this policy is the agreements concluded with the Polish Ecumenical Council, the Seventh Day Adventists Church and the Union of Jewish Religious Communities in the Republic of Poland, and also by the practice, which has developed over many years, of co-operation between "Polish Radio" SA and religious communities other than the ones mentioned above. Every Sunday, Program IV - Radio BIS airs a 10-minutes broadcast in the series "Churches in Poland and in the world" (which primarily is informative) and a one-hour religious service or broadcast of one of the churches. Religious services are also broadcast (apart from Sundays) on church holidays and official holidays. [34(d)]

5.47 Although the Constitution provides for the separation of church and state, state-run radio broadcasts Catholic Mass on Sundays. The Catholic Church is authorised to re-license radio and television stations to operate on frequencies assigned to the Church, the only body outside the KRRiTV allowed to do so. [4(b)]

5.48 The Constitution gives parents the right to bring up their children in compliance with their own religious and philosophical beliefs, religious education classes continue to be taught in the public schools at public expense. While children are supposed to have the choice between religious instruction and ethics, the Ombudsman's office states that in most schools ethics courses are not offered due to financial constraints. Although the Catholic Church representatives teach the vast majority of religious classes in the schools, parents can request religious classes in any of the religions legally registered in Poland, including Protestant, Orthodox, and Jewish religious instruction. Such non-Catholic religious instruction exists in practice, and the instructors are paid by the Ministry of Education. Priests receive salaries from the state budget for teaching religion in public schools. Church representatives are included on a commission that determines whether books qualify for school use. [4(c)]

5.49 In January 1998 the Sejm voted in favour of ratifying the Concordat, a treaty regulating relations between the government and the Vatican, which was signed in 1993. It was passed by the Senate and signed by the President. It took effect in April 1998 [4(c)][8(l)][10(b)]

5.50 In 1995 an estimated 35 million people, some 95% of the population of Poland were estimated to be adherents of the Catholic Church. [1(a)]

150,000 of the population in Poland in 1994, were estimated to be Protestants who followed Protestant Churches such as:-

Baptist Union of Poland

Evangelical Augsburg Church in Poland

Evangelical-Reformed Church

Pentecostal Church

Seventh-day Adventist Church in Poland

United Methodist Church

as well as several other small Protestant churches including the Church of Christ, the Church of Evangelical Christians, the Evangelical Christian Church and the Jehovah's Witnesses. [1(a)]

5.51 In 1994, there were also estimated to be some 5,000 Muslims of Tartar origin in Bialystok Province (eastern Poland), and smaller communities in Warsaw, Gdansk and elsewhere. [1(a)]

5.52 There is also a Union of Jewish Communities in Poland, which comprises 14 synagogues and has a registered following of approximately 2,500 members. [1(a)] According to The Economist, of 23 November 1996, the Jewish population of Poland was approximately 6,000 in 1994. [3]

5.53 Anti-Semitic feeling persists among certain sectors of the population  manifesting itself in acts of vandalism and physical or verbal abuse. Surveys in recent years show a continuing decline in anti-Semitic sentiment and avowedly anti-Semitic candidates fare very badly in elections. [4(c)]

5.54 Since 1989 Poland has undertaken concerted efforts and measures to improve Polish-Jewish relations. The government has worked constructively towards resolving issues of concern to the Jewish community. In July 1996 the Prime Minister and the Mayor of Kielce apologised on behalf of the Polish nation for the 1946 pogrom in that city in which 42 Jews were murdered. The President and Prime Minister opposed the building of a supermarket near the Auschwitz concentration camp and successfully encouraged local authorities to find alternatives to the planned development. This co-operative approach was praised by Jewish organisations. [4(a)]

5.55 In February 1997 an arsonist set fire to the vestibule of the Nozyk synagogue in Warsaw. One person who had been sleeping in a nearby apartment was treated for smoke inhalation, but there were no other injuries. Officials quickly condemned the attack as "an act of barbarism." In a statement issued that day, President Aleksander Kwasniewski emphasised that "the Polish people and state authorities condemn all acts of racism, anti-Semitism, and xenophobia." A memorial service held in the Warsaw synagogue that evening was well attended by individuals of several faiths. No arrests were made. [4(b)]

5.56 In January 1998 a rock was thrown through a window of the Jewish community headquarters in Katowice, hitting the doors of an ancient prayer room. Immediately following the incident, then National Police Chief Marek Papala instructed the Katowice provincial police chief to work with the Jewish community to tighten security around the property. Other province-level police commanders were instructed to make themselves available to discuss Jewish community security concerns. Local police continue to work with Jewish community leaders to resolve the case. [4(c)]

5.57 In July 1998 unknown perpetrators vandalised a plaque commemorating Rzeszow Jews killed in the Holocaust. City officials reacted quickly and cleaned up the plaque. Vandals in the area previously had targeted Catholic churches and cemeteries as well as a statue of a World War II hero. Police continue to search for those responsible. [4(c)]

5.58 In 1998 progress was reported on the 1997 law permitting the local Jewish community to submit claims for property owned prior to World War II. Claims must be made by 2002. On 20 February 1997 the Sejm passed a law on Jewish communal property restitution to allow the local Jewish community to submit claims for property owned prior to World War II. Possible communal property claims include synagogues, cemeteries, and Jewish community headquarters, as well as buildings that were used for other religious, educational, or charitable activities. However, the law does not address the private property of any group or Jewish communal properties to which third parties now have title, leaving several controversial and complicated issues unresolved. [4(c)]

5.59 There are no significant anti-Semitic parties in Poland, although there is occasional anti-Semitic rhetoric at political rallies and demonstrations. [2(i)] In October 1997, a well-known church figure, Father Henryk Jankowski, made overtly anti-Semitic remarks in a public sermon. Top Polish Roman Catholic officials promptly denounced Jankowski and suspended him from his post for one year. [7][8(p)]

5.60 In January 1997 the Gdansk prosecutor reinstated charges against the controversial priest Henryk Jankowski for an allegedly anti-Semitic sermon that he gave in June 1995. The charges had previously been dropped twice. Responding to the latest indictment, Jankowski commented that the Jewish minority was ruling the country and complained that he should have the right to express himself freely. "I have nothing against Jews," he said, "but when it comes to those who are involved in this, one should not tolerate such a situation." Under an arrangement with the prosecutor, Jankowski was sentenced to two years' probation and fined approximately US$300 (1,000 PLN) in March 1997. [4(b)]

5.61 In November 1997, Father Jankowski made headlines again when Gdansk Archbishop Tadeusz Goclowski suspended him from his position as pastor of St. Brigitte's church for one year as punishment for using his pulpit to make political remarks. The suspension followed directly a sermon Jankowski delivered during which he warned against the presence of Jews in the government. Jankowski was allowed, however, to live in his parish house and to serve as assistant chaplain. In separate interviews given shortly after his suspension, both Goclowski and Cardinal Jozef Glemp emphasised that Jankowski was punished for expressing political views that should not be expressed in church, while denying charges that Jankowski was an anti-Semite. [4(b)]

5.62 Anti-Semitism charges against Father Jankowski were dropped on 7 September 1998, after the plaintiff, Henryk Bulski, failed to appear for the court hearing. Under Poland's new Criminal Code, the failure of the plaintiff to appear in court results in the withdrawal of charges pressed by him against the defendant. [26(e)]

5.63 The Presidents Office announced in March 1998 that it would make every effort to speed the process of restoring citizenship to Jews who were forced to emigrate during a Communist anti-Semitic campaign in 1968. Between 12,000 and 20,000 persons of Jewish descent are believed to have fled the country as a result of the campaign. [4(c)] President Kwasiewski described the purge which led to the emigration of some 13,000 Jews as a shameful period in Polands history [28(a)]

5.64 Over a number of years there has been unrest between Jewish and Catholic communities in Poland over the erection of crosses in and around the site of the Auschwitz camp. The Popes Cross , so called because it came from the alter at a mass conducted by the Pope in 1979, is located on the grounds of a former Carmelite convent in Oswiecim, adjacent to the Auschwitz museum. [32(a)] The matter, however, came to light again during 1998 when three members of the Social Committee for the Defence of the Cross in Oswiecim began a hunger strike on 14 June in protest over the future of the cross. [8(q)] The matter was taken to court, however, on 19 October 1998, the Oswiecim Regional Court (southern Poland) rejected an application to appoint a court receiver for the Auschwitz Gravel Pit, beside the Auschwitz concentration camp, where further crosses had been erected. The government announced its intention to appeal the decision. The court decided that until the War Victims' Association writ against the Treasury for the annulment of the termination of the lease of the Gravel Pit was examined, the land would remain under their management. A government spokesman stated that he regretted the court's decision and that unfortunately, they would now have to wait some time for a decision, which would do great harm to Poland's image abroad. [8(m)]

5.65 The government has prepared a draft law on the protection of places of Martyrdom. The draft envisages a 100m wide protection zone restricting business and building activity around former camps such as Auschwitz. There has been opposition from some local residents who fear job losses would result. [8(j)][24(a)][27(c)]

5.66 According to scholars and lawyers participating in the Conference on Religious Sects at Opole University, Poland, the number of such sects in Poland was estimated to be around 300 and it is believed that nearly one million Poles are under the influence of various sects and quasi-religious organisations. Polish law does not provide for measures to control the activities of the sects. In September 1997, the then Prime Minister, Wlodzimierz Cimoszewicz, appointed the Inter-Ministry Team for New Religious Movements, which is to conduct research into the potential threats posed by particular organisations to state security or to law and order. [10(c)]

5.67 With regard to Astrologers, Faith-Healers and Practitioners of Witchcraft, the Polish law states that "all are equal under the law" and makes no reference to practitioners of witchcraft etc. or any other minority. In the main, Poland follows International Convention which, although it does not refer to practitioners of witchcraft specifically, does state that "people of different race, religion, skin colour and others should not be discriminated against under law." [2(f)]

5.68 Polands Ombudsman is empowered to investigate complaints against state bodies etc. As in most Western countries, individuality is generally tolerated in the larger towns and cities. Many newspapers and women's magazines carry horoscopes etc. and are readily available for sale in bookshops and road-side kiosks. [2(f)]

5.69 In December 1997, the Sejm accepted the ruling of the Constitutional Tribunal acknowledging that the termination of pregnancy on social welfare grounds was inadmissible. This means that a pregnancy will only be allowed to be terminated in three cases, i.e. when it threatens the life or health of the woman; when it is the result of a crime (rape or incest); or when the foetus is badly damaged. [24(c)]

5.70 The 1997 report on the basis of Health, Education, Labour and Justice Ministry statistics indicates that the number of abortions rose in 1997 as a result of more liberal anti-abortion regulations. However, these have dropped as a consequence of the Constitutional Tribunal ruling. [27(a)]

5.71 The EU Commission Report on Poland of November 1998 found that the respect for and protection of minorities continues to be assured and the 1997 Constitutions explicit protection for minorities appears to be functioning well. [39]

5.72 According to the information from the Parliamentary Commission (in 1996), the overall population of national minorities in Poland is between 1 million and 1.3 million people, i.e. 3-4 per cent of the whole population of the country. The number of the citizens of non-Polish nationality according to the two sources is illustrated by the table below. [34(d)]

5.73 There are also minorities of an emigration nature - mainly Greeks but also including Macedonians, Vietnamese, Palestinians, Kurds - numbering from several hundred to 2,000 people in total. Significant religious and ethnic minorities also include Karaims - about 200 persons - and Polish Tartars-Muslims - 3,000 members. [34(d)]

5.74 The Act on Polish Citizenship of 15 February 1962 (Dz. U. No. 10, item 49 with later amendments) does not include any restrictions on account of race, nationality or religion in respect of the right to obtain Polish citizenship. [34(d)]

5.75 The fundamental change in the national minority situation in Poland took place shortly after the creation of the first non-communist government, including the lifting of Ministry of Internal Affairs supervision over national minorities. The problems of minorities were transferred to the Ministry of Culture and Art. At first, a Group dealing with National Minority Issues was created within one of the departments. In 1992 it was raised to the level of the Office for Culture of National Minorities. This Office is authorised to subsidise publications connected with national activities of national minority issues in Poland. In addition the Office also undertakes efforts to influence the Roma situation in other areas such as through the intra-governmental Commission on National Minority Issues. Social and education problems of national minorities are within the competence of the Ministry of Labour and Social Policy as well as the Ministry of National Education. [5]

5.76 Steps began in 1989, and there has been progress since, to ensure ethnic (national) minorities their rights to preserve and develop their own social and cultural rights, to profess and practise their own religion and to use their own language. At present all the minority groups have their own associations or social organisations. In 1993 there were 109 associations and 13 minority group foundations registered, and in 1994 about 120 organisations of this type carried out activities. The aim of these activities is above all to preserve and to increase the knowledge of their own history and traditions, to develop cultural activity, and in many instances also to study their mother tongue. [34(e)]

5.77 The Republic of Poland has undertaken to reject all forms of racial discrimination, and this principle has been elevated to the rank of constitutional norm. There exist no legal acts which would allow the State authorities and State administrative organs to differentiate between citizens according to racial criteria, and no such acts may be enacted. On the contrary - all forms of racial discrimination are considered to be offences punishable by imprisonment (arts. 272, 273, 274, 276, 278, 280 of the Criminal Code). [34(d)]

5.78 Apart from social activity, the minority groups in Poland also carry out political activity. Belarusians in Poland have their own political party - the Belarus National Federation. In the Diet the National and Ethnic Minorities Committee was established. Its activities include matters connected with the preservation of the cultural heritage of national, ethnic and linguistic minorities and the protection of their rights. [34(e)]

5.79 In order to safeguard proper development and full exercise of the rights of minorities, the Bureau for the Culture of National Minorities has been established in the Ministry of Culture and Art. At present the Bureau cooperates with 11 representative organisations of the following national and ethnic minorities in Poland: Ukrainian, German, Belorussian, Lithuanian, Tartar, Armenian, Karaim, Czech and Slovak. The responsibilities of the Bureau consist of providing funding support for cultural events organised by minorities, as well as publishing 21 periodicals. Two investments have been financed from the State budget: the construction of the Lithuanian Culture House in Punsk and the construction of the Museum in Hajnowka (Belorussian minority). The General Conservator of Monuments provides supportive funds for the renovation of sacral monuments, as well as for Orthodox Church cloisters and cemeteries. [34(d)]

5.80 To safeguard the political rights of national minorities, in the Act on the Elections to the Sejm of 28 May 1993, a provision has been included by virtue of which the requirement of the percentage threshold (5 per cent) of votes cast in the whole country does not apply to the electoral committees of the registered organisations of national minorities. In the present parliament there are two members of the German minority party. Representatives of Belorussian, Lithuanian and Roma minorities have previously run for the Sejm, but did not obtain the required number of votes. [34(d)][4(c)]

5.81 National minorities have access to the public radio. In the regions where different minorities reside, local radio stations broadcast programmes in the national languages of these minorities. Specific television programmes are also devoted to the problems of national minorities. In recent years a considerable increase in the number of periodicals and publications published by different minorities has been reported. They are mainly supported from the government budget. For example, in 1993 there were 11 publications and 15 periodicals sponsored by the State, and in 1994 government resources supported 20 publications and 18 periodicals. Information relating to the minorities' rights to profess and practise their own religion was presented under article 18 of the Covenant on Civil and Political Rights. The basic regulations on the study of the minorities' mother tongue and pursuing the course of school study in their respective language are the Educational System Act dated 7 September 1991 and the Ordinance of the Minister of Education dated 24 March 1992 on the organisation of education offering facilities to maintain the feeling of national, ethnic and linguistic identity of pupils belonging to minority groups (Journal of Laws No.34, item 150). [34(e)]

5.82 The Belorussians publish three magazines and a student newspaper. In the "Orthodox Church Review" there is a supplement in the Belorussian language. Radio "Bialystok" broadcasts radio programmes (15 minutes) in the Belorussian language every day except Saturdays; on Sundays and Fridays the broadcast lasts 30 minutes. The same radio also broadcasts programmes in the Lithuanian and Ukrainian language (three times a week). The Lithuanians publish a bi-monthly and a magazine on Lithuania and the Lithuanian minority in the Polish language. A local TV programme "Television Courier" (Suwalki-Mazury regional edition) broadcasts every day a programme in the Lithuanian language. [34(d)]

5.83 The Ukrainian minority publishes 10 magazines (including two which are devoted to the Orthodox Church religion, one for young people, one bilingual Ukrainian-Polish). A supplement in the Ukrainian language is also published along with the "Ukrainian Review". Apart from the above-mentioned "Radio Bialystok", also Radio "Olsztyn", "Elblag", Rzeszow" and "Szczecin" broadcast programmes in the Ukrainian language, mostly once a week. [34(d)]

5.84 Roma publish one monthly magazine, the Lemkos three magazines, the Armenians one bulletin, the Polish Tartars a yearly publication, the Czechs and Slovaks one monthly. [34(d)]

5.85 The Jewish minority publishes three magazines (including one in the Polish language for young people). The vigorous E.R. Kaminska State Jewish Theatre in Warsaw is at the centre of the Jewish culture. [34(d)]

5.86 The Germans publish 13 different magazines, bulletins and brochures, some of them bilingual. On Radio "Katowice" they broadcast a one-hour programme for the German minority and on Radio Opole the programme "Out Homeland", both once a week. Television Katowice broadcasts every two weeks a half-hour programme in the German language. [34(d)]

5.87 In accordance with article 13 of the Education System Act 1991 a public school shall enable pupils to maintain the feeling of national, ethnic, linguistic and religious identity, and in particular the study of their own language and history. Upon application from the parents such study is carried out in individual groups, grades and schools, in groups and grades with the supplementary study of the mother tongue, and in inter-school study units. The Minister of Education provides regulations for the organisation, forms and means of accomplishing the tasks specified in article 13 of the Act. [34(e)]

5.88 A study of the mother tongue is carried out in Poland for the following minorities: Belarussian, Ukrainian, German, Lithuanian, Slovak and Gypsy. In the school year 1993/94 a study of the mother tongue was carried out in 153 schools and included 9,896 pupils. The study of the Belarussian language was carried out in 43 schools for 3,596 pupils, of the Ukrainian language in 54 schools for 1,919 pupils, of the German language in 31 schools for 3,136 pupils, of the Lithuanian language in 11 schools for 724 pupils, of the Slovak language in 13 schools for 483 pupils, and of the Romany language in 14 grades of public schools. Among the schools where in the academic year 1993/94 a minority group mother tongue was studied, there were 4 secondary grammar schools where the course of study was pursued in the mother tongue and 3 secondary grammar schools with supplementary study of the mother tongue. Handbooks for study of the mother tongue for the minority groups in all types of schools are purchased by the Ministry of Education and distributed to schools free of charge. [34(e)]

5.89 The law provides for the educational rights of ethnic minorities, including the right to be taught in their own language. Poland's bilateral treaties with Germany and Belarus contain provisions relating to the rights of these national minorities, and human rights groups have described these provisions as "close to ideal." A programme was initiated during the 1996-97 school year to teach Lithuanian to pupils of Lithuanian descent in 12 schools in north-eastern Poland. Some 4,000 students began learning Belarussian in the Bialystok region in 1996. [4(b)]

5.90 In a report on Poland dated May 1998, the European Commission Against Racism and Intolerance (ECRI) of the Council of Europe wrote that the Polish government's officially tolerant policy towards national minorities is not always accompanied by equally tolerant attitude on the part of the general society. [30(c)]

5.91 Authors of the report see the largest danger of intolerance in Poland as the still existent anti-Semitic under currents in society and the lack of interest in the problems of minorities. The Commission recommended that the government take steps aimed at increasing public awareness of minorities' problems, including improving education and the use of minority languages. The report also praised the Catholic Church in Poland for fostering tolerance towards minorities. [30(c)]

5.92 In addressing the ethnic minorities of the Bialystok region in June 1998, the Prime Minister, Jerzy Buzek, said that respect for the rights of ethnic minorities was one of the crucial components of a democratic system. He observed that ordinary disputes among people in that region were frequently classified as religious or ethnic disputes. He declared that ethnic minorities could count on a very serious treatment of their problems under Polish law which also guarantees them cultural and educational development. [30(d)]

5.93 The Roma community, numbering about 40,000 [4(c)] in Poland can basically be divided into four tribes:

Lowland Roma (Polska): The Polska are natives of Poland who regard the Kalderash and Lovari Romas as foreigners. Their language borrows much from German and their surnames usually end in - ski or - cki, e.g. Majewski, Czarnecki, Glowacki. The Russian Roma (Taharnobyltsy) and the Galician Roma (Galitsyaki) also belong to this group. [5] [6]

Kalderash (Kalderari or Kelderasz): These Roma derive their name from the Romanian word for "tinsmith". They are an exceptionally wealthy, resourceful and enterprising group. Since 1945, they have started to follow the Lowland way of life, and have generally travelled within Poland. [5][6]

Lovari: The Lovari derive their name from the Hungarian word for "horse" and related to their original occupation. However, as horse trading has died out the Lovari now tend to employ their talents in tinsmithing, and are, as a result, similar to the Kalderash in lifestyle. Some of the Lovari clans arrived from the Soviet Union after 1945. The most important clans are the Michaj, Lakatosz and Kopasz who live mainly around Lublin, Wroclaw, Poznan, Szzecin and Krakow. The Lovari consider themselves to be the Roma aristocracy. [5][6]

Highland Roma (Bergitka): The Highland Roma live a settled life in the Carpathians and Tatra regions, particularly around Nowy Targ and Nowy Sacz. They are the poorest group of Roma and are held in contempt by other Roma. Highland Roma are basically unskilled and have replaced fortune-telling with begging. Common names are Gil, Szczerba and Mirga. [5][6]

5.94 Recent history: In brief, as in the rest of Central and Eastern Europe, Roma reached Poland in the fourteenth and fifteenth centuries. They were reported to have Indian roots. [15] In pre-war Poland there were about 50,000 Roma, although during the war as many as 35,000 Roma were exterminated by the Nazis, reducing their numbers to approximately 15,000 after the Second World War. However, in the succeeding 50 years, the Romas' numbers swelled to approximately 30,000. After the war some 75% of Polish Roma were still nomadic. Communism's forced settlement policies, however, officially brought their travelling to an end by 1964. [14] Roma could be prosecuted or imprisoned for such minor offences as lighting bonfires, not registering a change of address, itinerancy, or failure of their children attending school. As a result 10% of Roma men have a criminal record today. [6]

5.95 There is anti-Roma prejudice in Poland. It is perhaps less frequent in Poland only because the number of Roma are smaller and they are widely scattered with only a few concentrated settlements to be found in the south of the country. It is clear that the Roma do encounter discrimination from elements within Polish society, and old antagonisms have been exacerbated by the apparent wealth of some, and their different lifestyle, together with the social pressures of rising unemployment. The Polish Government, however, is committed to addressing this problem, but this is likely to take some time as it is necessary to change underlying prejudices. [2(a)]

5.96 According to a report to the UNHCR by Mark Braham in March 1993, most of the Roma have good flats and live well, even though there are poor communities. Local Poles, however, considered themselves to be poor, which led to hostilities of rivalry and jealousy when some Roma began to build and reside in beautiful houses. [14]

5.97 It has also been alleged that there have been cases when the police have not always intervened as often or as effectively as they should. In November 1992, Marek Nowicki of the Polish Helsinki Committee supported the view of the Romany Association in Poland that during the June 1991 riots in Mlawa, the police had failed to intervene to protect the Roma, especially in the initial phase of the rioting. [2(a)]

5.98 More recently, on 5 March 1998, Roma in Czaniec near Kety in southern Poland attacked seven young men. The attackers sought local skinheads who for several weeks had been challenging and threatening them. The Commanding Police Officer for the area stated that this was the first sign of any discord in the area. He added that this particular incident was a result of a quarrel over an unpaid bill by a Rom. The tense situation was quelled by Roman Kwiatkowski, president of the Association of Gypsies in Poland, who arrived in the area and gave assistance both to the Roma and the police. Racist or xenophobic attacks may also be directed at people of Polish origin. [31(a)]

5.99 In September 1998 a 14 year old Romani girl from Bytom was injured seriously when a skinhead threw a molotov cocktail into the apartment where she was sleeping. Police immediately made an arrest in the case and are pursuing an indictment. [4(c)]

5.100 Dr T A Acton, a lecturer in the Sociology of Social Policy and Professor of Romani Studies, stated in his report of 14 November 1997, that movements against racism and Romani organisations in Poland do not possess the resources to support those who are threatened in 'safe areas'..". He accepted "... the general goodwill of the Polish government, and its policy against racism, and the existence of courageous Gypsy organizations campaigning with some degree of central government support, for civil rights and freedom from racial attack and discrimination..." [37]

5.101 In his report of July 1997, Dr D Kendrick stated that in his view "... The central and local authorities are unwilling or unable to stop attacks against Gypsies by skinhead and other bands..." He supported this view by listing several isolated incidents between 1991 and 1996. [36]

5.102 The UNHCR however, concluded in their letter of 20 September 1995, that "On balance, for a Roma asylum seeker to be recognised, he/she would need to provide particularly strong and credible elements." [13]

5.103 In the Helsinki Human Rights Foundation report of September 1997, the Foundation concluded that after 1989 the treatment of Roma by the authorities in Poland has changed markedly. The authorities recognise the Roma community as a national minority which should be helped and protected by law. The main problem of the Roma in Poland is their distance from the "majority" of the society. However, it is to be stressed that the situation of this group in Poland is positively better that in other countries of central and eastern Europe. [20]

5.104 In the opinion of the Helsinki Human Rights Foundation, the Polish Roma who apply for asylum in the United Kingdom do not fulfil the conditions for granting them refugee status in the terms of the decisions of Article 1, passage a, point 2 of the 1951 Convention regarding the Status of Refugees. The Polish legal system (with regard to the Constitution, legislature and executive orders) and Polish international obligations institute basic guarantees for the protection rights of Roma and of other people who belong to ethnic national minorities. However, there is an absence of a homogeneous legal regulation with regard to minorities. The Helsinki Foundation added that they would like to emphasis once again that the treatment of Roma by the authorities in Poland has changed markedly and that the Roma community is recognised as a national minority. Similarly, the policy of the state towards this group as it is actually carried out is not of a discriminatory character. [20]

5.105 The Ombudsman: In a 1997 report the Ombudsman reported that he received a minimal number of complaints from Polish Roma. In his opinion, the local authorities take proper action in all cases involving Roma. However, there are Polish citizens who are prejudiced and aggressive towards national minorities, such as Jews, Roma, Lithuanians, etc. He added that Roma do not criticise the public authorities attitude towards them, but their slow actions against those who attack Polish Roma. [21]

5.106 Criminal Conflict: According to the office of the Chief Commander of the Police in Poland, in localities which are inhabited by Roma communities, conflicts with the local communities happen and the reasons for this vary greatly. It is definitely not the case that the ground of such conflicts and offences is intolerance or discrimination. Indeed the majority of motives do not have any connection with intolerance or racist discrimination. Tables showing statistical data provided by the Main Headquarters of Police (in Poland) with regard to offences in which Roma appear both as victims and as perpetrators of crime are set out at Annex D, Tables 1 and 2. [19]

5.107 The office of the Chief Commander of the Police in Poland further stated that it considers as unjustifiable, Polish Romany attempts to motivate their asylum applications with alleged racist discrimination or intolerance by Poles, the Polish State institutions and most of all the Polish police. The office added that the Romany migration and their will to settle in other countries, inter alia in the United Kingdom, have an economic basis. [19]

5.108 National policy: The Roma minority in Poland is treated as a national minority. The general conception of a national policy with respect to the problems of the Roma community began to crystallise in 1996. This was due to two factors, on the one hand, in the middle of 1989 a general change in the approach of authorities towards national minorities took place. At the same time, the Roma community started to organise itself and put forward representatives for contact with official institutions. In 1996, for the first time, changes in the Roma situation were being supported at a national level. [5]

5.109 Assistance provided by the Office for Culture of National Minority Affairs is mainly centred on subsidising cultural activities of the Roma. Meetings of Gypsy music groups and cultural meetings are organised by the Centre of Roma Culture in Tarnow and activities of the Roma Association in Poland. A Roma newspaper and monthly magazine have been subsidised and publications of Roma poetry have been sponsored by the Polish authorities. Between 1990 and 1995, 2,350 million zlotys were designated for the support of Roma cultural initiatives. Following a meeting between Roma representatives and the Parliamentary Commission on National and Ethnic Minorities in May 1994, an intra-governmental Commission on National Minority Issues meeting devoted to Roma issues was held on 14 June 1994 during which the need to survey the social situation of Roma families was stressed and discussed in depth. [5]

5.110 Educational problems: Although no detailed data are available, both representatives of Roma organisations and the Ministry of National Education acknowledge that many Roma children do not complete primary schooling. Education of these children often ends at the age of 12 years, and cases of illiteracy are not uncommon. In the vast majority of cases Roma children go to integrated classes, together with Polish school children. One of the reasons why Roma children fail in school is insufficient knowledge of the Polish language. [5]

5.111 Some schools have experimented with separate classes for Romany children, stating that because of economic disadvantage, languages barriers and parental illiteracy, Romany children are behind their non-Romany counterparts when starting school. [4(c)]

5.112 It seems that the worst situation exists in the Podhale region, where primitive housing conditions and high unemployment are the rule. In 1992, on the initiative of the local Roma, a priest, Father Stanislaw Opocki, and local teachers, separate classes for Roma children who had not earlier attended school were created. The experiment with special Roma classes was approved by the Ministry of Education for a period of three years to prepare children to continue their education in mass classes. According to the Ministry, these classes would not form an alternative to existing forms of education and would not solve the long term educational problems of the Roma. [5] However, according to a study on this matter carried out over the years 1990-1994, there was an evident increase in the number of children who successfully completed various classes. The number of unsatisfactory marks dropped by 6%. [22]

5.113 Employment: According to the leaders of the Roma community, the Roma have faced disproportionately high unemployment and were more negatively affected by the current economic changes and reforms than were ethnic Poles. While the national government does not overtly discriminate against Roma, some local officials have been known to discriminate by not providing services in a timely manner or at all. [13][4(c)]

5.114 It has also been reported however, that although unemployment has been the source of so many problems across Central and Eastern Europe, this is not apparently a major problem for the Polish Roma as, for the most part, they are self-employed. Some Polish Roma still follow their traditional activities as metal workers and cleaners of large metal pots, vats and cauldrons used in restaurants and institutional kitchens. Other Roma are traders, buying and selling whatever goods are available. During the crisis of the 1980s when unemployment was increasing and Polish workers were in a very difficult situation, the Roma were largely unaffected. Not having been previously employed, they were able to deal with the crisis by earning money in their own way. There is only one group of Roma that has taken up permanent employment; former blacksmiths who settled in the south of the country over a century and a half ago. But after the 1960s there was less work for them to do, and they began taking jobs in state enterprises. It appears that they have now been able to establish small businesses of their own. [14]

5.115 Health & Medicine: The Polish Roma do not appear to have any health problems that are any different from those of the Polish population in general. However, not being regularly employed, the Roma do not benefit from the government's health insurance schemes and must pay their own medical and hospital bills. (Refer.....) [14]

5.116 Military Service: The duty of fulfilment of the military duty by Polish citizens is regulated by the Act of 21 November 1967 concerning the general duty of the defence of the Polish Republic. The Act does not mention release from this duty for reasons of national respect - that is for those groups of Polish citizens who belong to national minorities. This means that Polish citizens who are Romany have the duty of military service in accordance with the general rules. [18]

5.117 Marriage: It is often the case in Poland that the family/Church ceremony is the event that has the most personal and social importance. However, up until the Concordat was ratified by the Sejm in 1997, such marriages were not recognised by the Polish Government and in order to be officially married in the eyes of the Polish authorities and law etc. a civil ceremony was necessary. The civil ceremony had to take place in a Civil Registry Office at which time a standard marriage certificate was issued by that office. A Roma marriage does not have any official documentation of any kind, by itself. [2(g)]

5.118 The Ukrainian and Lemko community make up approximately 300,000 of Poland's population. Although they are two separate communities, the Lemkos have, in the past been labelled as Ukrainian. The Lemko community's response to this has been the establishment of several cultural and social organisations, including two historically competing "ideological" camps on the question of Lemko identity, i.e. the "pro-Rusyn" Lemko Association, founded in 1989; and the "pro-Ukrainian" Union founded in 1990. The Lemkos have given the impression over the years that they regard themselves as ethnic Poles and tend to follow the Orthodox religion. [10(d)]

5.119 One of the most important changes in Poland was the 1990 election of Poland's post-war, non-communist government. As never before in the post-war period, ethnic minorities were able to voice their specific concerns and participate in normal life in the political mainstream. This broadened public dialogue resulted in the Polish Senate's unprecedented August 1990 resolution condemning the 1947 "Vistula" Operation population resettlement, which scattered Ukrainians and Lemkos out of their homeland into the depopulated western and northern areas of Poland acquired at the end of the Second World War. [10(d)]

5.120 On 3 September 1998, President Kwasniewski met with representatives of the Polish minority in Vilnius, Lithuania. The Lithuanian President, Valdas Adamkus, assured, President Kwasniewski during private talks that he would personally supervise the drafting of a new administrative division of Lithuania which is being prepared at present. The proposed division aroused concern with the Polish Lithuanians who are convinced that the division of the regions inhabited by the Polish minority will make them difficult to win seats in parliament and local elections. [26(c)]

5.121 Individuals of African, Asian, or Arab descent continue to experience occasional verbal abuse or other types of aggression. [4(c)]

5.122 In September 1997 the registry department of the Katowice provincial court began its consideration of the Silesian registration issue. A small number of Silesians in this area have sought to register themselves as a national minority. The Katowice provincial office has opposed their registration on the grounds that Silesians do not constitute a separate nation. Official registration would allow representatives of the Association of the Population of Silesian Nationality, as the group calls itself, to run for Parliament under the preferences accorded national minorities under electoral law. [4(c)]

6.1 The Constitution provides for freedom of speech and the press and the government respects this right. The press is lively and independent. However, there are some marginal restrictions in law and practice. Polish citizens may express their opinions publicly and privately. [4(c)]

6.2 The Broadcasting Act (1992) defines the tasks of public radio and television. It further specifies that the programme services of public radio and television should be guided by a sense of responsibility and the need to protect the good name and reputation of public broadcasting; provide reliable information about the diverse developments and processes taking place in Poland and abroad; promote the free formation of citizens' views and of public opinion; enable citizens and their organisations to take part in public life by expressing diversified views and orientations to exercising their right to supervision and social criticism; serve the development of culture, science and education, with special emphasis on Polish intellectual and artistic achievement; respect the Christian system of values, adopting as it basis the universal principles of ethics, serve the straightening of the family; promote health protectional serve the combating of social pathologies; take into account the needs of national and ethnic minorities (article 21). [34(a)]

6.3 A Special Rapporteur was informed of an amendment to the Civil Code passed in August 1996 establishing that a person whose personal interests had been violated in any way could be granted financial compensation (article 448). At the same time, the provision in the Press Act establishing that in order for financial compensation to apply it must be proven that the journalist consciously violated someone's personal interest, was repealed. The Special Rapporteur was informed that prior to the amendment, a journalist could establish a defence if he or she could prove having paid the greatest possible attention to detail in compiling the information. [34(a)]

6.4 The new Criminal Code which came into force on 1 September 1998 states that an individual who publicly insults or humiliates a constitutional institution of the Republic of Poland is subject to a fine or imprisonment of up to two years, while an individual who insults a public functionary is subject to a fine or imprisonment of up to one year. This provision can also be used by individual citizens and businesses to protect their good name. [4(c)]

6.5 According to the EU Commissions Report of November 1998, as far as freedom of expression is concerned, Poland continues to have a lively and active press. The provisions of the Penal Code regarding liablity of journalists to prosecution due to slander and abuse of the public authorities does not in practice appear to have caused problems for the journalists right to freedom of speech. [39]

6.6 The 1998 Penal Code also stipulates that offending religious sentiment through public speech is punishable by a fine or a three year prison term. [4(c)]

6.7 The Criminal Code regulates the protection of journalistic sources. It grants news sources absolute protection, except in cases involving national security, murder and terrorist acts. Pursuant to the law, statutory provisions are applied retroactively if their terms are beneficial to the accused. Journalists who refused to divulge sources prior to the new codes enactment can avoid sanctions by invoking journalistic privilege after the codes entry into force. [4(c)]

6.8 The State Secrets Law allows for the prosecution of citizens who publish or otherwise betray state secrets. Human rights groups criticise this law, since it restricts the right of free speech of private citizens. [4(c)]

6.9 There is no restriction on the establishment of private newspapers or distribution of journals; private newspapers and magazines flourish. While RUCH, the national network of newspaper kiosks, remains in state hands, the government has not used its control over distribution to suppress any publications. Progress on government plans to privatise the company in 1996 slowed when the bidding process was reopened after having reached near completion. In March 1998 a Warsaw court dismissed a civil suit initiated in 1997 by the original winner of the bidding process. An appellate court later upheld the provincial courts decision. [4(c)]

6.10 The National Radio and Television Broadcasting Council (KRRiTV) has broad interpretative powers in monitoring and regulating programming on public radio and television, allocating broadcasting frequencies and licenses, and apportioning subscription revenues. In order to encourage the KRRiTV'S apolitical character, the nine KRRiTV members are legally obliged to suspend any membership of political parties or public associations. They are, however, chosen for their political allegiances and nominated by the Sejm, the Senate, and the President following political bargaining, raising serious questions about the independence of broadcasting oversight from political influence. [4(c)]

6.11 The broadcasting law stipulates that programmes should not promote activities that are illegal or against state policy, morality, or the common good. The law also requires that all broadcasts "respect the religious feelings of the audiences and in particular respect the Christian system of values." The law, however, does not fully define the term "Christian values." These restrictions were not used as a means of censorship in 1998. The penalty for violating this provision of the law is a fine of up to 50% of the annual fee for the transmission frequency or suspension of the broadcaster's license. [4(c)]

6.12 Private television broadcasters operate on frequencies selected by the Ministry of Communications and auctioned by the KRRiTV. The first auction in 1994 gave the Polsat Corporation and some smaller local and religious stations licenses to broadcast. In 1997 additional licenses were granted to TVN and Nasza Telewizja. Private radio flourishes on the local, regional, and national levels alongside public radio and a new radio station, Radio Trefl, began broadcasting in September 1997. [4(b)][4(c)]

6.13 The government owns two of the three most widely viewed television channels and 17 regional stations, as well as five national radio networks. PAP, the national wire service, was partially privatised in December 1997. Former Reuters journalist Robert Bogdanski heads a five-member supervisory board that is preparing the service for full privatisation. Although public television remains the largest source of news and information, satellite television and private cable services (domestic and foreign) are widely available. Cable services carry the main public channels, Polsat, local and regional stations, and a variety of foreign stations. [4(c)]

6.14 The law on radio and television requires public television to provide direct media access to the main state organs, including the presidency, "to make presentations or explanations of public policy." The government sometimes complains of a lack of attention to its point of view, but there is a history of charge and counter-charge. Both public and private radio and television provide coverage of all ranges of political opinion. Evidence of overt political tampering in public broadcasting remains scarce, and watchdog organisations are alert to expose quickly any such tampering. [4(c)]

6.15 Books expressing a wide range of political and social viewpoints are widely available, as are foreign periodicals and other publications from abroad. Academic freedom is respected in Poland. [4(c)]

6.16 A new Polish Language Bill was adopted by the government in 1998 which set out a financial punishment on those who incorrectly translate documents, in matters such as commercial agreements, advertising or medical products. The Bill places an obligation on the media to use the language properly and counteract course language. It does not however, transgress the rights of ethnic minorities. [26(b)]

6.17 The Special Rapporteur welcomed the developments he was able to observe during his visit to Poland in May 1997. Freedom of opinion and expression, a highly cherished value during the struggle for freedom, clearly finds the protection it warrants and any attempt at restriction is closely scrutinised by all sectors of society. The long struggle for freedom of expression in the country is undoubtedly one of its unique features. [34(a)]

6.18 The Special Rapporteur further welcomed the progress made with regard to revising and adopting new legislation to replace legislation from the Communist past. He noted that this process is not yet considered as completed. While in some instances the lack of new legislation has resulted in obstacles to the full enjoyment of the right to freedom of opinion and expression, he believed that overall, the engagement of the government to ensure the protection of freedom of expression, at times in spite of significant pressures from certain sectors of public opinion is testimony to its genuine commitment to the protection of this right. Indeed, he observed that in a number of cases, the State defended the right to freedom of opinion and expression against other trends in society. [34(a)]

6.19 Undoubtedly, freedom of opinion and expression is widely apparent in Poland. Censorship was abolished some years ago, while some laws may be interpreted to infringe on the right to freedom of opinion and expression, the majority of them are widely seen as relics of the past and in practice, complete freedom of opinion and expression is exercised. The media have been operating in a free and independent environment after the State monopoly was eliminated. Indeed, the existence of newspapers such as NIE affirms that the right to freedom of expression is protected, in defiance of attempts by diverse societal actors to restrict this freedom on the grounds of "morality". [34(a)]

6.20 The Special Rapporteur welcomed the efforts undertaken in the area of public broadcasting, particularly with regard to pursuing a policy of public service broadcasting. However, he was concerned about allegations of political influence in television, which is attributed largely to a lack of independence of the National Broadcasting Council. Indeed, in view of the impact and considerable power of influence of radio and television, complete independence from political and private interests is of paramount importance. [34(a)]

(please also see Section V, L, Ethnic Minority Groups (General))

6.21 The law provides for freedom of assembly and the government respects this right in practice. Permits are not necessary for public meetings but are required for public demonstrations; demonstration organisers must obtain these permits from local authorities if the demonstration might block a public road. For large demonstrations, organisers are also required to inform the local police of the time and place of their activities and their planned route. Every gathering must have a chairperson who is required to open the demonstration, preside over it, and close it. [4(c)]

6.22 The law also provides for freedom of association, and the government generally respects this right in practice. Private associations need government approval to organise and must register with their district court. The procedure essentially requires the organisation to sign a declaration to abide by the law. In practice, however, the procedure itself is complicated and may be subject to the discretion of the judge in charge. [4(c)]

6.23 Under the 1990 law, political parties are not obliged to file for registration, but by April 1995 a total of 272 parties had been registered. In January 1998 however, the number of registered parties declined from 360 to 60 as a result of new regulations, according to which existing parties had been obliged to apply for re-registration by the end of 1997, presenting a list of a minimum of 1,000 supporting signatures, instead of the previous 15. [1(a)][28(b)]

(please also see Section III, A, Political Affairs, and Section VI, C, Workers' Rights)

6.24 All civilian workers, including military employees, the police and frontier guards, have the legal right to establish and join trade unions of their own choosing. The law sets the minimum size requirements for establishing a trade union; 10 persons may form a local trade union, and 30 may establish a national union. Unions, including inter-branch national unions and national inter-branch federations, must be registered with the courts. A court decision refusing registration may be appealed to an appeals court. In 1998 the number of recognised national-level unions remained about the same as in 1997, at about 350. [4(c)]

6.25 Most trade unions were active in politics at all levels. Scores of union activists were parliamentarians, and several became senior government officials. Solidarity plays a key role in political life. With 62 deputies, 27 senators, dozens of ministers, governors and other senior national and local officials, the union serves as the backbone of the ruling AWS coalition. The OPZZ has 42 deputies, about one quarter of the opposition SLD caucus. [4(c)]

6.26 The 1991 law on trade unions and the resolution of collective disputes generally created a favourable environment to conduct trade union activity. Labour leaders, however, reported numerous cases of employer discrimination against workers seeking to organise or join unions in the growing private sector. [4(c)]

6.27 Compulsory labour does not exist, except for prisoners convicted of criminal offences, and is otherwise prohibited by law. The Labour Code forbids the employment of persons under the age of 15 years. Persons aged 15 to 18 years may be employed only if they have completed basic schooling and if the proposed employment constitutes vocational training and is not harmful to their health. The age minimum rises to 18 years if a particular job might pose a health danger. The law prohibits forced and bonded child labour and the government enforces this prohibition effectively. [4(b)]

6.28 Unions have the right to strike except in essential services. However, labour leaders complain that the 1991 Act on Collective Dispute Resolution prescribes an overly lengthy process before a strike may be called. Employers consider the law to be too lenient, since it allows only one quarter of the work force to vote to call a strike. [4(c)]

6.29 Arbitration is not obligatory and depends on the agreement of disputing parties. The number of strike remained relatively low (31 in the first half of 1998) down from a high of several thousand per year in the early 1990s. Anaesthetists staged a lengthy work stoppage to protest low pay and poor working conditions, which complicated medical treatment for an extended period of time. Work slowdowns and other work protests occurred through 1998. [4(c)]

6.30 The cabinet, on 29 September 1998, accepted a draft amendment to the law of 1990 on the restitution of property lost by trade unions and social organisations in the result of martial law. As a result, Solidarity Union will receive about 124m zlotys in the form of fixed assets and securities as compensation. [8(o)]

(please also see Section III, A, Recent History; and Section VI, B, Freedom of Assembly and Association)

6.31 Although the Constitution does not address freedom of movement, the government does not restrict internal or foreign travel. Citizens who leave Poland have no trouble returning and there are no restrictions on emigration. [4(c)] Passport law entitles authorities to refuse passports to "persons failing to meet their legal obligations." [4(a)]

6.32 The right to free movement and to the choice of the place of residence is fully respected in Poland. The only possible exceptions in this field are the statutory limitations provided for in the Decree on the Areas Particularly Important for the Defence of the Country of 6 September 1951 (Dz. U. of 1951, No. 46, item 341) and in the Act on State of Emergency of 5 December 1983 (Dz. U. No. 66, item 297). Pursuant to the above-mentioned regulations the authorities may impose a curfew and introduce the obligation to obtain permission for a change of the place of permanent or temporary residence in respect of persons moving to another place, as well as the obligation to register at the new place within the period of 12 hours from the time of arrival. [34(d)]

6.33 All citizens of Poland are issued with identity cards (sometimes referred to as residence permits) when they are 18 years old. These cards are issued by local government offices (Population and Identity Card Departments). These cards are not only proof of identity but also include information about where the person resides. The residence entry makes up only one part of the ID Card. The instructions on the inside of the back cover of the ID Card booklet state that everyone in Poland should be able to identify themselves to the authorities if required. [2(j)]

6.34 The ID cards are updated to show changes of personal circumstances, for example marriage, divorce, death of a partner, photo update and change of address. Whenever a person changes their address they should re-register their residential address with the Population and Identity Card Department District Office, which will amend and stamp the identity card. [2(j)]

6.35 For people who have either been evicted from their homes, for example, for not paying rent or bills, or who choose a nomadic/homeless style of life, or who have moved to another country and the move has been formally reported to the Polish authorities by a family member at the same address, they will have an entry on page 6 of their ID Card which in English literally means "registered at nowhere". [2(j)]

6.36 The Ombudsman for Human Rights has advocated reform of the rules governing how citizens are registered in their official places of residence. Current law requires all adults to be officially registered at a given address and allows them access to public services established in that locality. However, the law also permits property owners to "unregister" tenants from rented residences, effectively cutting citizens off from public services if they cannot immediately find another landlord willing to let them register. [4(b)]

6.37 One is able to get employment in Poland without having a home address in their ID Card, but this is entirely at the discretion of the employer. Many unemployed people in Poland have no registered address, but they are registered at the Employment Offices and they take jobs from there. They are also eligible for social benefits but only if they worked for 365 days in the period of 18 months prior to registering as unemployed. [2(j)]

6.38 Everyone born in Poland is eligible for an ID Card. Checks have failed to locate anyone who has been refused and ID Card and/or to have a residential entry put in the card. There is no connection between political affiliation and obtaining an ID Card. The Polish Ministry of Education also advised that there is no mention of any registration requirement in the regulations regarding a matriculation certificate or taking exams for Universities. A matriculation certificate is obtained by anyone who graduates from school after passing an examination. [2(j)]

6.39 In normal circumstances, members of the public are not required to register with the police, with the exception of anyone who is subject to criminal proceedings. [2(j)]

6.40 As in many other countries, housing is a big problem in Poland. People live in rented state owned flats; some in flats which are owned and operated by housing co-operatives; some in company flats rented to them directly by their employers; some in privately rented flats; and some in property which they own themselves. Only a tiny minority have commercial mortgages. [2(j)]

6.41 Some people are able to buy state flats at advantageous prices, but only where they have been residing in them for a number of years, and where the flat was originally allocated to them by the state. This form of purchase is quite popular but only among those with an above average salary. [2(j)]

6.42 State housing is available to those who are homeless, living in crowded accommodation and/or on low incomes. As in the United Kingdom, there are waiting lists for such accommodation. An application for state housing is made by an individual to their local housing department. It is also common for family members to live with their parents well into their late-20s, and for grandparents to share the same accommodation too. Only 40% of newly married couples have a place of their own in which to live. [2(j)]

6.43 In August 1997 the strength of the armed forces in Poland was estimated to be 241,750 (down from 248,500 in August 1996) (including 147,600 conscripts): broken down as follows; army, 168,650; air force, 56,100; and navy, 17,000. Paramilitary forces of 23,400 comprised border guards (16,000) and police prevention units (7,400). [1(a)]

6.44 The duty of fulfilment of the military duty by Polish citizens is regulated by the Act of 21 November 1967 concerning the general duty of the defence of the Polish Republic. The regulations of this Act have been fundamentally amended as a result of the political and systemic transformation which took place in Poland in 1989. At the present time this Act is in force in the unified form which was promulgated in the Official Legal Gazette of the Republic of Poland [Dziennik Ustaw RP] of 1992, No.4 Art. 16. However, further changes have been introduced to the text of this Act. [18]

6.45 In accordance with this Act all male Polish citizens of military age (19-24 years old and in some cases up to 28 years old) who, with respect to their health, are able to do military service, are obliged to do so-called general military service which, until recently, lasted 18 months in time of peace. [18]

6.46 In January 1999 the Sejm passed legislation amending the law on conscription. From 1 April 1999, conscripts in the Polish Armed Forces will serve for one year, rather than for eighteen months.

6.47 The Polish Armed Forces are also committed (in the Ministry of Defences 15 year plan for the modernisation of the armed forces, as submitted to NATO in September 1997) to reduce significantly the number of conscripts as a percentage of their overall force [2(k)]

6.48 Recruits who are students in schools of higher education (with the exception of marine schools) have the duty of military training in military units for a period of 6 to 8 months after the conclusion of their studies. The Act does not mention release from this duty for reasons of national respect that is for those groups of Polish citizens who belong to so-called minorities. This means that Polish citizens who are Romany have the duty of military service in accordance with the general rules. [18]

6.49 General military service is based on the rule that its fulfilment is universal and because of this the regulations of this Act do not determine any requirements with regard to the education of recruits. On the other hand it is obvious that the level of qualification of a recruit determines how he will be used in his military service. It is specified in the Act that the Military Recruiting Board (which is a territorial organisation dealing with army recruitment) place him in service which would allow him to use his professional qualifications. [18]

6.50 This Act, and also executive regulations which have been issued under its authority with regard to the fulfilment of military service (the Decree of the Council of Ministers of 10 November 1992 with regard to the case of granting recruits postponements from active military service or releasing soldiers from this service before its fulfilment and also recognising recruits as the only support of a family [Dz.U.of 1992, No.85, Art.431] and the Decree of the Ministry of National Defence of 22 June 1992 concerning general military service and time-determined general military service or military training [Dz.U.of 1992, No.56, Art.277; of 1994 No.9, Art.34 and of 1995 No.42, Art 218 and No.100, Art 499]), allow for circumstances in which a recruit - despite the formal duty of military service - in cases which have been strictly determined and justified, may not be called-up to the army. In accordance with the above-mentioned, the duty of military service and transfer to the reserve without fulfilment of military service concerns:

i) recruits who have become clergymen in churches or religious associations which have legal status in the Polish state under the condition that they perform the functions of clergymen on a full-time basis. They will be transferred to the reserve before the conclusion of military service age on the day the obtain their status of clergymen; and

ii) recruits being Polish citizens who live permanently abroad and those who undergo service similar to the military such as the Police, the Office for State Protection or the Frontier Guards, as well as students of schools preparing for these services - if no changes occur in their factual and legal situation, they will be transferred to the reserve after they have reached the age of 24 years. [18]

6.51 Also, recruits are not required to do military service if they are serving a prison sentence or are dispossessed of public rights. If they are still in this situation when they reach the age of 28 years they will be transferred to the reserve without fulfilment of military service. [18]

6.52 The regulations also include circumstances where there are temporary impediments to the fulfilment of general military service by a recruit. Until recently, a postponement of military service was obligatory in the case of the state of health or the existence of reasons such as the necessity of personal care of a juvenile member of the family or a handicapped person, or personal involvement in running a farm or becoming a deputy in the Parliament, Senate or institutions of self-government. The postponement of military service is usually granted for a determined period of time but if the reasons for the postponement still exist it may be repeated. If as a result of consecutive postponements recruitment to military service does not occur, the recruit will be transferred to the reserve when he reaches the age of 28 years. [18]

6.53 Following recent amendments to the conscription law, it has been reported that deferral will be available to ordinary students and those studying at evening and extra-mural classes. It will nolonger be automatically available to sole providers of families and to farmers who are the owners of their farms. They will however, be able to seek deferral on the basis of special regulations on difficult life circumstances. Alternative military service will last 21 months. The Defence Ministry announced that it will be more difficult to evade the shortened service. [24(e)][30(b)]

6.54 Despite the above regulations, the Act also allows the recruit who has been allocated for general military service, or military training for graduates of schools of higher education, and who does not postpone military service, to apply in writing to the Recruitment Commission to place him in the so-called replacement service instead of general military service (military training) because of his religious convictions or spiritual principles which would not allow him to fulfil the military service (firing guns etc.). [18]

6.55 In 1988 legislation permitting conscientious objectors to perform an alternative community service was enacted. [1(b)] The Law on the General Duty of Defence, which was passed in 1992, deals with Polish practice on conscientious objection. Article 189 of this Law states:

6.56 Alternative service would be one of a variety of things, including health service work, environmental protection and church work. A recruit who applies to be placed in alternative service has a duty to supply an application including his motives to the Regional Recruiting Commission. This application may be delivered directly to such Commission or through the Military Recruiting Board, however not later than the day of receipt of the call-up card to military service. After the application has been delivered and until the decision is made a recruit is not liable for call-up to military service. [25]

6.57 In a case of a negative decision of the Regional Recruiting Commission a recruit may appeal within 14 days to the Voivodship Recruiting Commission whose decision is final. However, in accordance with the regulations of the Code of Administrative Procedure even a final decision of the Voivodship Recruiting Commission may be subject to the Main Court of Administration. [25]

6.58 Every year, of the whole population of men who are obliged to fulfil the duty of conscription, approximately 1.5-2% enter applications for alternative service. Of these, approximately 5% justify it by religious motives and approximately 95% by moral reasons. [25]

6.59 Alternative service is granted to approximately 60% of applicants. Among the persons who undertake alternative service the greatest number of them, are in health care institutions i.e. over 37%; 18.2% at social care institutions; and 15.8% in the regional/municipal economic sphere (Annex F refers). [25]

6.60 "Draft dodgers" risk up to three years in prison. [2(b)]

6.61 In general, the civil service is responsible for determining whether or not ideological convictions are genuinely held or not. In peace time desertion is punished by prison sentences only. In a time of war it is for the government of the day to decide what penalty to set for desertion. There are three categories of punishment, depending on the gravity of the offence. These are:-

6.62 The Law on the Universal Duty to defend the Polish Republic dated 21 November 1967 (Dz.U. 1999, No.4, item 16) governs the following:-

u general rules for military service

u management of human resources (registration and conscription of citizens)

u rules on service in civil defence forces

u forms of punishment for conscripts who avoid military service. [12(b)]

6.63 In accordance with Article 189, conscripts, i.e. men who reach the age of 19 years in a given calendar year, are assigned to:

u basic military service

u civil defence service

u military pre-training, those who have not had their military service deferred (because of, e.g. education in a higher educational establishment, school or university) may, because of religious beliefs or moral principles, file a written request at the regional conscription office for assignment to alternative service. [12(b)]

6.64 Alternative service in peacetime includes:

u environmental protection tasks

u health service jobs

u social welfare assignments

u water management tasks

u fire protection works

u residential construction projects

u telecommunications; and

u other community service tasks. [12(b)]

6.65 Article 189 has however, become a source of many doubts concerning the possibilities of objecting on the basis of religious beliefs or moral principles. Appeals against decisions concerning military service are examined by the Supreme Administrative Court. [12(b)]

6.66 In a judgment dated 4 November 1992 (Sygm. SA/Ka 1014/92), the Supreme Administrative Court stated that in relying upon "religious convictions" it was necessary to show that the belief held excluded the possibility of military service. This ruling in practice deprived Roman Catholic males of the possibility of being excused from basic military service, stating that "one cannot derive from the Fifth of the Ten Commandments "thou shalt not kill" the conclusion that the Catholic religion forbids one to carry out basic military service. This interpretation of the Commandment should be based upon the documented social teaching of the Church and on the statements of the Pope John Paul II expressed during His fourth Pilgrimage to His Homeland at a meeting with the Polish Army in Koszalin on 2 June 1991. [12(b)]

6.67 The judgment dated 14 September 1993 (Sygn. II SA 1702/93) confirmed that "religious convictions could not be the basis for release from the obligation to carry out military service. However, they do constitute a reason to endeavour to secure assignment to alternative military service." [12(b)]

6.68 With regard to conscripts relying upon pacifism as a moral canon, the Supreme Administrative Court in its judgment dated 8 November 1994, ruled that it is not sufficient to rely on general concepts of vegetarianism and pacifism, rather it is essential to show real conflicts between one's individual rules of conduct and duty to carry out military service. [12(b)]

"the Law in force does not provide for a possibility of releasing conscripts who are Jehovah's Witnesses also from alternative service on basis of the religious convictions.

Alternative military service is not connected in any way with organisation subordination to the military administration or with military training and the use of arms and as such is of the nature of social service and does not infringe universally accepted moral principles or religious convictions." [12(b)]

6.70 The Polish Criminal Code provides the following basic penalties:

u imprisonment for a minimum of 3 months and a maximum of 15 years

u a fine [12(b)]

6.71 The Code still provides for the death penalty for the most grievous offences. This is not being carried out at present though a Court may impose it. The death penalty is a basic penalty of an exceptional nature, in such a case the Court can impose a basic penalty of life imprisonment or 25 years imprisonment (Art.303). (see Section IV, paragraphs 4.41 - 4.43 concerning the abolition of the death penalty) [12(b)]

6.72 Examples of offences committed by enlisted servicemen:

u absence without leave for a period of more than 2 days (Art.3031)

- imprisonment for up to 2 years

u absence without leave from the unit for period of more than 14 days (Art.3032)

- imprisonment from 6 months to 5 years

u absence without leave in possession of a weapon (Art.3034)

- imprisonment from 1 year to 8 years

u desertion (Art.3041) - permanently avoiding military service

- imprisonment from 2 years to 10 years

u desertions in possession of a weapon or in concert with other servicemen

- imprisonment for a minimum of 3 years

u physical assault upon a superior (e.g. an officer) with the use of a firearm or other offensive weapon (Art.3113)

- imprisonment for not less than 2 years. [12(b)]

6.73 Examples of offences committed by conscripts and reservists according to the Law:

u failing to appear before a medical or conscription board within a defined period of time

- 3 months detention or a fine

u failing to report to military authorities

- penalty as above

u leaving Poland or remaining abroad without the permission of military authorities (Art.224)

- penalty as above

u failing to appear at the defined place and time in order to carry out military service

- imprisonment for up to 1 year

u if a person fails to appear as above for a period of longer than 14 days

- imprisonment for up to 3 years

u a permanent avoidance of military service

- imprisonment for up to 5 years. [12(b)]

6.74 The Law does not provide a penalty of 25 years imprisonment for any crime committed by a conscript or a reservist. Any Polish citizen, however, who serves in a foreign army during mobilisation or war is subject to a minimum of 5 years imprisonment or even the death penalty. In accordance with the aforementioned Art.303 of the Code, a court can commute a death penalty to 25 years imprisonment. A conscript who fails to report for duty at the defined place and time after being summoned to active service during mobilisation or war is subject to a penalty of a minimum of 5 years imprisonment or even the death penalty. These are the only situations where such grievous penalties are anticipated. [12(b)]

6.75 In January 1995 a "Soldier's Prayer Book," written by General Kazimierz Tomaszewski, Chief of the Warsaw Military District, was published for the military. The book states that members of a special honour guard who do not take part in military mass are considered to be disobeying orders. While this publication does not constitute law, it bears the same weight. The Ombudsman was investigating this matter. [4(a)]

6.76 The Deputy Defence Minister, Romuald Szeremietiew, stated on 19 June 1998, that a revamped system of territorial army should become operative by the year 2005. He added that the force should compromise between 10,000 and 50,000 people in peace time and that only 15% would be conscripts compared with 85% in Germany, 90% in Sweden and 98% in Switzerland. He added that the government wanted an army that will not be costly but will be friendly to local communities. [8(k)]

PARLIAMENTARY ORGANIZATIONS IN POLAND

Centre Alliance (Porozumienie Centrum): f.1990 by supporters of Lech Walesa; Christian democratic party; main component of Centre Citizen's Alliance, coalition formed to contest 1991 elections; supports market economy based on private ownership; 10,000 members; Chair of bd: KRZYSZTOF TCHORZEWSKI; Chair of Supreme Political Council: ANTONI TOKARCZUK.

Christian Democratic Labour Party (Chrzescijanska Demokracja Stronnictwo Pracy-ChDSP): reactivated 1989, merged with Christian Democracy group in 1994; 2,750 members; Chair. TOMASZ JACKOWSKI; General Secretary. ZBIGNIEW JECZMYK.

Christian Democratic party of the Third Republic: f.1997; Pres. LECH WALESA; Chair. MAREK GUMOWSKI.

Christian National Union (Zjednoczenie Chrzescijansko Narodowe-ZChN): f.1989; about 10,000 members; President. MARIAN PILKA; General Secretary. ARKADIUSZ URBAN.

Confederation for an Independent Poland (Konfederacja Polski Niepodleglej-KPN): f. 1979; centre-right; about 35,000 members; Chair. LESZEK MOCZULSKI.

Confederation for an Independent Poland (Patriotic Camp  KPN OP) Leader ADAM SLOMKA.

Conservative Peasant Party (SKL): Warsaw; f. 1997 by merger of Peasant Christian Party and Conservative Party; Chair. MIROSLAV STYCZEN

Democratic Left Alliance (Sojusz Lewicy Demokratycznej-SLD): Warsaw; f. 1991; electoral coalition of Social Democracy of the Republic of Poland and the All Poland Trade Unions Alliance:

Democratic Party (Stronnictwo Demokratyczne-SD): f. 1939; 12,500 members (1995); Chair. Professor JAN JANOWSKI.

Freedom Union (Unia Wolnosci-UW): f. 1994 by merger of Democratic Union (Unia Demokratyczna-UD) and the Liberal Democratic Congress (Kongres Liberalno-Demokratyczny-KLD); 12,500 members; Leader LESZEK BALCEROWICZ; Dep. Leader TADEUSZ SYRYJCZYK.

German Minority of Lower Silesia (Mniejszosc Niemiecka Slaska Opolskiego): Leader HENRYK KROL.

Movement for the Reconstruction of Poland (ROP): f. 1995; conservative; 12,000 members; Leader JAN OLSZEWSKI.

Movement for the Republic of Poland (Patriotic Camp-RdROP): right-wing, patriotic; Leader ROMUALD SZEREMIETIEW.

National Pensioners Party (Krajowa Partia Emerytowi Rencistow  KPEiR) Chair ZENON ZUMINSKI.

Non-Party Bloc in Support of Reforms (Bezpartyjny Bloc Wspierania Reform-BBWR): f. 1993 by Lech Walesa; Leader LESZEK ZIELINSKI; Chair. Professor ZBIGNIEW RELIGA.

Party of Real Politics (Stronnictwo Polityki Realnej): f. 1996, following a split in the Polish Union of Real Politics; right-wing; Chair. MARIUSZ DZIERZAWSKY.

Party X: f. 1991; advocates free-market economy, expansion of industry and agriculture, gradual elimination of unemployment and universal access to education, culture and health; 9,000 members; Leader JOSEF KOSSECKI.

Patriotic Camp: f. 1995 as alliance of right-wing parties; registered 1996 as federative party; members include. KPN, RdR-OP, the Non-Party Bloc in Support of Reforms and others; Leader ROMUALD SZEREMIETIEW.

Peasant Democratic Party (Partia Ludowo Democratyczna  PLD): f. 1998; Leader: ROMAN JAGIELINSKI.

Polish Beer-Lovers' Party: f. 1991 by LESZEK BUBEL; contested legislative elections with support of business executives; subsequently split into 'Large Beer' (now Polish Economic Programme) and 'Small Beer'.

Polish Economic Programme (Polski Program Gospodarczy-PPG): f. following split in Polish Beer Lovers' Party; Leader TOMASZ BANKOWSKI.

Polish Peasant Party (Polskie Stronnictwo Ludowe-PSL): f. 1990 to replace United Peasant Party (Zjednoczone Stronnictwo Ludowe; f. 1949) and Polish Peasant Party-Rebirth (Polskie Stronnictwo Ludowe-Odrodzenie; f. 1989); right-wing party, stresses development of agriculture; 200,000 members; Chair. JAROSLAW KALINOWSKI.

Polish Socialist Party (Polska Partia Socjalistyczna-PPS): f. 1892, re-established 1987; 5,000 members; Leader. PIOTR IKONOWICZ.

Polish Union of Real Politics (Polskie Stronnictwo Polityki Realnej): f. 1996;

Leader STANISLAW MICHALKIEWICZ.

Social movement of Solidarity Election Action (Ruch Spoleczny Akcja Wyborcza Solidarnosc  RS AWS): f. 1997; christian-democratic; Chair.MARIAN KRZAKLEWSKI.

Socio-Cultural Association of Germans of Upper Silesia (Towarzystwo Spoleczno-Kulturalne Niemców Wokewództwa Katowickiego): Katowice.

Solidarity Election Action (Akcja wyborcza Solidarnosc  AWS): f. 1996; electoral alliance of some 36 centre-right parties; members include the RS AWS, the ZChN, the Centre Alliance, the BBWR and the KPN; Leader MARIAN KRZAKLEWSKI; General Secretary MAREK KOTLARSKI.

Union of Labour (Unia Pracy-UP): f. 1993; Leader MAREK POL

CHRONOLOGY OF KEY EVENTS

1950s - 1970s: Serious anti-regime riots occurred.

July 1983: Martial law was lifted under pressure from the West.

1988: New strikes took place as the economy collapsed.

December 1989: The legislature voted to rename the country the Republic of Poland.

December 1990: Walesa decisively defeated Mazowiecki in the Presidential elections.

1991: Poland signed an Association Agreement with the EC.

June 1992: A vote of "no confidence" in the government was approved by the Sejm.

May 1993: The government lost a vote of "no confidence".

February 1994: Poland signed up to NATO's Partnership for Peace (PfP).

April 1994: Poland submitted its application to join the EU.

September 1996: Jacek Buchacz, Minister of Foreign Economic relations was dismissed.

February 1997: Further strikes took place which were supported by Solidarity.

2 April 1997: The National Assembly adopted a new Constitution.

17 October 1997: The new Constitution came into force.

11 November 1997: The new government was endorsed by the Prime Minister Jerzy Buzek.

30 March 1998: EU accession process formally launched.

1 September 1998: New Criminal Code and Code of Criminal procedure came into effect.

11 October 1998: Local government elections took place.

January 1999: New system of local government established.

12 March 1999: Poland was admitted as a full member of NATO.

PROMINENT PEOPLE

Aleksander Kwasniewski: President of Poland.

Jerzy Buzek: Prime Minister of Poland (AWS).

Lech Walesa: Former Leader of Solidarity and previous President of Poland.

Waldemar Pawlak: Prime Minister between 1993 and 1995.

Jozef Olesky: Prime Minister between 1995 and 1996.

Wlodzimierz Cimoszewicz: Prime Minister between 1996 and 1997.

ANNEX D

Table 1.

MINISTRY OF NATIONAL DEFENCE

OFFICE OF MILITARY ATTACHÉ

LIAISON OFFICER DEPARTMENT

Warszawa, 27.01.98

Dear Colonel

In response to note No.012 of 21 January 1998 with regard to information concerning the regulations of obligatory military service in the Armed Forces of the Polish Republic, I am forwarding you the reply, received today, from the General Headquarters of the Polish Army.

Yours sincerely

[signature of]

Colonel Krysztof Kucharski

Commanding

at the Embassy of the United Kingdom of Great Britain and Northern Ireland

in Warszawa

Annex

1. OBLIGATORY MILITARY SERVICE

In accordance with art.85 of the Constitution of the Polish Republic, the defence of the Homeland is a Polish citizen's duty.

The main legal act which regulates the above mentioned duty is the Act of 21 November 1967 concerning the general duty of the defence of the Polish Republic (unified text of Legal Gazette (Dz.U.) of 1992, No.4, art.16 together with later changes) and legal acts issued on its basis.

All Polish citizens with regard to their age (from 18 to 60 years old) and state of health are obliged to perform the general duty of defence. Within the general duty of defence, Polish citizens are obliged to fulfil military service, service in civil defence, to perform defence training, participate in the self-defence of the population, service in military units, to perform alternative service and services for defence.

Within the framework of military service, citizens perform obligatory military service, military training and military exercises of the reserve.

Recruits serving in armed units which do not belong to the Armed Forces are deemed to have fulfilled the duty of military service. Such units (for the time being) are: the prevention squads of the Police and the Frontier Guards.

Obligatory military service, which at present lasts for 15 months, is the most common form of the fulfilment of the duty of military service by Polish citizens. This service is performed by men, generally between 19 and 24 years old, whose health permits its performance.

A citizen whose health would permit the undertaking of obligatory military service may not be called-up on the basis of postponements which are granted in the below-mentioned circumstances:

Every year during the so-called, call-up, medical and recruiting commissions which are established by Government institutions determine the level of capability for military service of 19 year-old recruits. Out of the whole population approximately 26% of them are recognised as not capable for this service for health reasons, whereas approximately 40% of recruits receive temporary postponement for different reasons (mainly because of studies in secondly, post secondary and schools of higher education).

Furthermore, recruits who undergo preliminary service in the Police, the Office for State Protection, the Frontier Guards or who study in schools of the Internal Affairs Department, together with clergy and members of orders, churches and religious associations which have a legal status, who consist of approximately 1.6%, are not called-up every year are released in that year from the duty of military service totally or temporarily.

11. ALTERNATIVE SERVICE

In accordance with art.85, Act 3 of the Constitution of the Polish Republic, a citizen who is not allowed to fulfil military service because of his religious convictions or moral rules may be obliged to fulfil alternative service.

Matters connected with alternative service are regulated in the Act of 21 November 1967 concerning the general duty of the defence of the Polish Republic (Dz. U. of 1992, No. 4, art. 16, together with later changes) and the regulation of the Council of Ministers of 3 November 1992 concerning alternative service (Dz. U. No. 85, art. 429) which was issued on its basis.

In accordance with the regulations of the above mentioned Act the supervision of the fulfilment of alternative service is conducted by the Minister of Employment and Social Policy. The length of alternative service is 24 months, but for graduates of schools and higher education - 9 months.

Alternative service in time of peace consists of performing works for the benefit of the protection of the environment, health service, social care, water management, fire protection, the building of dwellings, communication and other institutions of public utility. The detailed conditions of its fulfilment are specified in the agreement signed between a manager of the Voivodship Office of Employment and the enterprise (institution) in which a recruit is to fulfil his alternative service.

Within the framework of alternative service recruits may do works for the benefit of State organisational units and economic subjects in which the State Treasury has at least 50% of the shares. Upon the recruit's application, work for the benefit of church institutions or other religious associations which have legal status, territorial self-government and foundations may also be conducted.

Recruits who have been designated to obligatory military service or long term military training who do not use a postponement from military service may apply for a placement in alternative service because of their religious convictions or moral principles.

A recruit who applies to be placed in alternative service has a duty to supply an application including his motives to the Regional Recruiting Commission. This application may be delivered directly to such Commission or through the Military Recruiting Board, however not later than the day of receipt of a call-up card to military service. After the application has been delivered and until the decision is made a recruit is not liable for call-up to military service.

In case of a negative decision of the Regional Recruiting Commission a recruit may appeal within 14 days of its receipt to the Voivodship Recruiting Commission whose decision is final. However, in accordance with the regulations of the Code of Administrative Procedure even a final decision of the Voivodship Recruiting Commission may be a subject of appeal to the Main Court of Administration.

Every year, of the whole population of men who are obliged to fulfil the duty of conscription, approximately 1.5 - 2% enter applications for alternative service. Of these, approximately 5% justify it by religious motives and approximately 95% by moral reasons.

Alternative service is granted to approximately 60% of applicants.

Among the persons who undertake alternative service the greatest number of them are in health care institutions - over 37%, at social care institutions - 18.2%, and in the regional/municipal economic sphere - 15.8%.

[1] (a) Europa Yearbook 1998.

(b) Europa Yearbook 1997.

[2] Foreign & Commonwealth Office (FCO).

(a) Communication from the FCO, London, dated 27 May 1994

(b) Communication from the FCO, London, dated 2 August 1994

(c) Communication from the FCO, London, dated 20 January 1995

(d) Communication from the FCO, London, dated 29 January 1996

(e) Communication from the FCO, Warsaw, dated 18 March 1996

(f) Communication from the FCO, Warsaw, dated 31 January 1996

(g) Communication from the FCO, Warsaw, dated 5 February 1997

(h) Communication from the FCO, London, dated 15 January 1998

(i) Poland: Background Brief, by the FCO, dated January 1998.

(j) Registration in Poland, FCO, London, dated 9 June 1998

(k) Poland: Amendment to law on conscription, FCO, London, dated 10 March 1999

[3] The Economist, dated 23 November 1996

[4] (a) US State Department Report for 1996, issued 30 January 1997.

(b) US State Department Report for 1997, issued 30 January 1998.

(c) US State Department Report for 1998, issued 26 February 1999

[6] JPR/Policy Paper (Institute for Jewish Policy Research): The Roma/Gypsies of Europe: A Persecuted People, dated 3 December 1996.

[7] Poison from the Pulpit: Newsweek, dated 24 November 1997.

[8] PAP News Agency, Warsaw:

(a) New cabinet sworn in, dated 31 October 1997

(b) Trade between Poland and Britain tops 3 billion dollars, dated 25 February 1999

(c) Poland offered military help in joining NATO, dated 3 November 1997

(d) Vetting court begins work, dated 24 February 1999

(e) Two ruling parties sign official coalition agreement, dated 10 November 1997

(f) Premier presents policy statement to parliament, dated 10 November 1997 (g) Premier says budget includes heath reform funds, dated 25 November 1997

(i) Solidarity to appoint majority of local governors, dated 30 October 1997

(k) New territorial army to be operational from 2005, dated 19 June 1998

(l) Parliament to vote on Vatican Concordat in January, dated 17 December 1997

(n) Poland, Ukraine sign agreement on fighting, dated 3 March 1999

[9] Polish Radio:

[10] Reuters News Service:

(a) Poland: Polish MPs scrap Death Penalty in new Penal Code, dated 6 June 1997

(b) Vatican: Pope hails new Vatican Concordat with Poland, dated 25 March 1998

(c) Poland: Conference on Religious Sects in Opole, dated 20 October 1997

(e) Poland: Polish Homosexuals not allowed to stage happening, dated 12 July 1998.

[11] Amnesty International:

(a) Annual Report 1996.

(b) The Death Penalty Worldwide: Developments in 1997, dated April 1998.

[12] Letter from Tomasz Wardyski, Honary Legal Adviser to the Ambassador.

(a) dated 30 October 1996

(b) dated 12 June 1996

[14] The Untouchables - a report to the UNHCR by Mark Braham, dated March 1993.

[20] Helsinki Human Rights Foundation Report of September 1997.

[21] Letter from the Ombudsman's Office in Warsaw, dated 7 July 1997.

[22] Report by the School Superintendent's Office concerning the social and educational state and methods of implementation of compulsory school attendance of the Roma in the area of the Nowy Sacz School Superintendent's Office.

[24] TV Polonia satellite service, Warsaw:

(a) Government to reduce Auschwitz camp preservation zone, dated 19 March 1999

(b) Parliament passes law on vetting judges, dated 17 December 1997

(c) Parliament tightens abortion law, dated 17 December 1997

(e) Parliament shortens national service, dated 19 March 1999

[25] Letter from the Polish Ministry of National Defence, dated 27 January 1998.

[26] BBC Monitoring Service:

(c) Poland: Polish President meets Polish Lithuanians, dated 5 September 1998

(d) Poland: New Penal Code abolishes capital punishment, dated 3 September 1998

[27] Polish News Bulletin of British & American Embassies:

(b) Poland: Health Insurance Act signed, dated 25 August 1998;

(c) Poland: Government discusses Auschwitz programme, dated 4 September 1998

(d) Poland: looking back at 1998, dated 21 January 1999

[28] Keesing's Record of World Events:

(a) Restoration of citizenship for Jewish emigres, dated March 1998;

(b) New leader of Polish Socialist Party - Announcement on number of political parties, dated April 1998

[29] Migration News Sheet:

(a) New ID Cards for Foreigners are more modern than those held by Poles, dated June 1998;

[30] Polish News Bulletin, Weekly Supplement:

(a) How did a Free Market Change the Poles?, dated 4 June 1998;

(b) CBOS Poll: 65 Per-cent for Professionally Army, dated 22 May 1998;

(c) ECRI on Racism in Poland, dated 12 May 1998;

(d) Jerzy Buzek meets ethnic minorities, dated 29 June 1998;

[31] Voice-News:

(a) Skinhead Provocation Sparks Unrest, dated 19 April 1998;

[32] The Times:

(a) Poland: Warriors of the Cross lay siege to Auschwitz, dated 13 August 1998;

[33] From a Foreign Land:

(a) Contemporary migrations to Poland, dated July 1998.

(b) Administrative Ordinances to the Alien's Law, dated July 1998.

[34] United Nations Reports:

[37] Opinion of the Roma Community in Poland, by Dr Thomas Acton, dated 14 November 1997