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1.3.2 Poland
In Poland the government does not currently provide regular funding to NGOs or programs involved in supporting victims of hate crimes or confronting right-wing extremism, anti-Semitism and xenophobia. However, some financial support by state institutions is available for general human rights activities, associations of national, ethnic and religious minorities; and their cultural and publishing activities aimed at maintaining and promoting their heritage and identity.
In May 2004 the Polish government issued the National Program for Counteracting Racial Discrimination, Xenophobia and Related Intolerance (2004-2009) to fulfill its obligation as mandated by the World Conference against Racism. (1) The official objective of the program centers on activities to combat xenophobia, racism and anti-Semitism; and the promotion of a broader culture of tolerance within Polish society. After conferring with numerous public bodies and NGOs, the program framework was drafted. Representatives of Nigdy Więcej, who were also consulted, stressed the need for better implementation of existing legal provisions on hate crimes and hate speech. The draft identified the focus of the first year to be the research and analysis of the amount of discrimination in the fields of employment, housing, culture, education etc.; in the second and third year, the focus was supposed to be on educational activities (training, publications and campaigns) that raise public awareness on racism and related intolerance on all levels of society, including law enforcement institutions; in the fourth year, proposals for changes in the legal framework were to be developed and investigated. In spite of the Polish government’s announcement that the results of the program would be assessed regularly in order to adapt the program to the real needs and problems in the country, no evaluation or progress report has been made available to the public with regard to its actual implementation. Most activities carried out with respect to hate crime policies seem to be related to research and improving information gathering by various government institutions and law enforcement agencies (see Chapter 3).
At the beginning of 2004, the Polish government also launched the Program for the Roma Community in Poland, which was designed to make the education of Roma children a priority. Representatives from Roma organizations helped draft the program, which was, to some extent, inspired by a government pilot program for the Roma community in the Małopolska region (2001-2003). Its primary goals are to improve general living, health and employment conditions of Romani people; and to ensure their security by preventing racist crimes. In addition, it promotes the history, culture and tradition of Roma communities in the general population. The Ministry of the Interior and Administration is in charge of coordinating the program. (2)
Some commissions and bodies that have been established by the Polish Parliament or on the executive level are also worth mentioning because they have served as potential contact points for victims of discrimination and hate crimes and for NGOs representing the interests of minority groups. One such office is the Commissioner for Civil Rights (Office of the Ombudsman), who is elected by the Polish Parliament for a five year term. As a constitutional and independent body, this office has access to relatively strong instruments of intervention in cases of discrimination as well as civil and human rights violations. (3) The commissioner can demand the initiation of disciplinary or administrative proceedings. Everyone has the right to apply to the Office of the Ombudsman for assistance in protecting his/her civil and human rights if they have been infringed upon by representatives of public authority. In 2000 the scope of its influence was further extended by requiring the office to cooperate with associations and foundations active in human rights activities. This means, the ombudsman may also intervene in cases involving non-state actors. In 2001 the Independent Department for Protection of Foreigners’ and National Minorities’ Rights was established within the office. Complaints with regard to hate crimes and related incidents, however, have represented only a relatively narrow margin of cases examined by the Ombudsman’s Office to date. (4) In a rare intervention with regard to hate crime and hate speech, the current ombudsman Dr. Janusz Kochanowski sent a letter to the President of the Polish Football Association (PZPN). In it the ombudsman expressed concern about incidents of racism in Polish stadiums. (5) In April 2007 representatives from Polish LGBT organizations met with the ombudsman and complained about ongoing homophobic attacks in public spaces. He promised to initiate actions in the future when the office is notified of such incidents. (6)
Another civil rights monitoring body is the Office of the Governmental Plenipotentiary for the Equal Status of Women and Men, founded in 2001 on the basis of an ordinance by the Council of Ministers. This office has the ability to further public policies against discrimination, mainly on the grounds of gender and sexual orientation. In 2002 its powers and tasks were extended in preparation for the establishment of an institution whose role would be have been to counteract discrimination based on race, ethnic origin, religion, belief and age. In addition to its original mandate of working on gender equality, the plenipotentiary began a number of initiatives welcomed by NGOs and international organizations concerned with the issues of racism and homophobia. However, the office and its function were abolished by the new right-wing Polish government in November 2005. According to Amnesty International, this suddenly made Poland »the only European Union country without a statutory equality watchdog and put […] into question its compliance with the EU legislation on prohibition of discrimination.« (7) In the meantime, the Department for Women, Family and Counteracting Discrimination has taken over a large part of the plenipotentiary’s duties. However, the new department’s emphasis appears to be on fighting discrimination against women and supporting strong family values rather than discrimination on all grounds. (8)
There are further government institutions such as the Team for National Minorities, an advisory board to the Prime Minister, and the Joint Committee of the Government and Ethnic and National Minorities (Zespół do spraw mniejszości narodowych i etnicznych), which was established in 2005 on the basis of the Act on National and Ethnic Minorities and on Regional Languages (Komisja wspólna rządu i mniejszości narodowych). The latter contains provisions to protect minority groups in Poland from racism and ethnic discrimination. (9) None of the afore-mentioned bodies, with the exception of the ombudsman, are independent monitoring institutions—that is, separate from the government. None of them focuses explicitly on tackling hate crimes either, since the Polish authorities have not given the issue any priority. Even in promoting policies of equality, the Polish system remains weak because the responsibility for adjudicating different types of discrimination are scattered among several authorities. Such practices have prevented the development of an overarching and comprehensive approach.
1. Krajowy Program Przeciwdziałania Dyskryminacji Rasowej, Ksenofobii i Związanej z Nimi Nietolerancji 2004-2009, Warsaw.
2. Ministry for Interior and Administration 2003. Programme for the Roma Community in Poland, Warsaw.
3. Mazur-Rafal, Monika 2007. Report on Measures to Combat Discrimination: Country Report: Poland, European Network of Legal Experts in the Non-Discrimination Field, Brussels, p. 50.
4. Ibid., p. 51.
5. Polska Agencja Prasowa SA 2008. RPO zwrócił się do PZPN w sprawie rasizmu na stadionach–11 kwietnia 2008 r., Warsaw.
6. Rzepliński,Andrzej 2008. Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation: Poland, Warsaw, p. 40.
7. Amnesty International 2005. Poland: LGBT Rights Under Attack, public statement, 25 Nov 2005, London.
8. De Schutter, Oliver 2008. Homophobia and Discrimination on Grounds of Sexual Orientation in the EU Member States: Part I: Legal Analysis, European Union Agency for Fundamental Rights, Vienna, p. 49.
9. Mazur-Rafal 2007. Report on Measures, p. 52.
(OPP)
