Contributed by: Agnieszka Mrozik, Poland National VAW Monitor
Historical Background
The Republic of Poland covers an area of 312,685 km and is inhabited by 38,157,000 citizens (Central Statistical Office, data for 31 December 2005). It borders the Federal Republic of Germany, the Czech Republic, the Slovak Republic, Ukraine, the Republic of Belarus, the Lithuanian Republic and the Russian Federation (Kaliningrad District).
Most of the citizens of Poland belong to national minorities and are indigenous people. It should be noted that from 1385 to 1795, the lands of today’s Lithuania, Belarus, and most of Ukraine and Poland were a state organization based not on territorial conquest but on a voluntary state union (multinational Republic). The religious tolerance of the Republic of Poland of that time favored the inflow of believers of other religions, which contributed to their presence on the territory of Poland: Czechs – descendants of the Hussites, Russians – Greek Orthodox believers, Jews and German protestants.
WW II devastated Poland and caused the loss of Poland’s substantial population and territory. WW II also “decided” Poland’s ethnic homogeneity: After the war, 95% of the inhabitants of Poland registered themselves as Poles. The Jewish population was to a large extent exterminated by the Nazis. The German people were forced to migrate to the West, beyond the Oder and the Neisse rivers. The loss of Poland's eastern territories to the Soviet Union also eliminated large numbers of Ukrainians and Byelorussians. In addition, just after WW II, “pacification” of minorities became the main goal of the communist national policy in Poland. Accused of collaboration with anti-communist guerrillas, Ruthenians and Ukrainians from southeastern Poland were dispersed in the northern and western parts of the state during the "Vistula" military action in 1947.
Before World War II, national minorities accounted for one third of the whole population of Poland. As a result of the Holocaust, territorial changes after 1945 and displacements and relocations of the population, national proportions underwent considerable changes and, at present, national minorities account for 2-3% of the country inhabitants.
See also: Polish history in brief and Ethnic Minorities and Media in Poland: Democracy without Advocacy?.
National and Ethnic Minorities
Poland is now inhabited by representatives of 13 national and ethnic minorities, the population of which is estimated at approximately 1 million people (2-3% of all the inhabitants). Some of the people belonging to national and ethnic minorities live in communities, while others are dispersed. In the post-war period, no data concerning the number of people belonging to national minorities was collected; therefore, all of the cited data are estimates only. Complete information on the national structure comes from censuses carried out before the War (in 1921 and in 1931). In 1998, the Central Statistical Office decided to include the category “nationality” in the preliminary general census. In 1999, the Parliament passed the Act of 2 December on National General Census of Population and Housing (2000 Journal of Laws no. 1, item 1 as amended), in accordance with which the census was conducted in May 2002. The census questionnaire contained, inter alia, two questions concerning nationality: what nationality a particular person belongs to and what language/languages are spoken most often at home.
The Census showed the following results:
1. Answering the question about the nationality a particular person belongs to:
2. Answering the question about the language/languages spoken the most often at home:
The 2002 Census indicates that the following national and ethnic minorities inhabit the territory of Poland (in thousands): Germans (152.9), Byelorussians (48.7), Ukrainians (31.0), Roma (12.9), Russians (6.1), Lemki (5.9), Lithuanians (5.8), Slovaks (2.0), Jews (1.1), Czechs (0.8), Tatars (0.5), Karaimi (0.05).
The majority of people belonging to national minorities inhabit Silesian Viovodship (39.5%), Opolskie Voivodship (28.3%) and Podlaskie Voivodship (11.7%).
See also: Report to the Secretary General of the Council of Europe on the Realization by the Republic of Poland of the Provisions of the Framework Convention of the Council of Europe for the Protection of National Minorities, as well as Characteristics of ethnic and national minorities in Poland, the Ministry of Interior and Administration of the Republic of Poland.
Legal Status of National and Ethnic Minorities in Poland
The most important rights of persons belonging to national and ethnic minorities are regulated in the provisions listed below:
Additionally, art. 11³ of the Labour Code states that “any discrimination in labour relations, in particular because of sex, age, disability, race, nationality, beliefs, in particular political or religious beliefs, as well as trade union membership, is prohibited”.
See also: Ethnic and national minorities in Poland: fundamental rights, the Ministry of Interior and Administration of the Republic of Poland.
Act on National and Ethnic Minorities and Regional Language
On 6 January 2005, the Act on National and Ethnic Minorities and Regional Language was adopted by the Sejm and signed by the President on 24 January 2005. This Act (here in Polish), which was first drafted in 1993, covers many areas concerning minorities, such as language, education, culture, specialized bodies and legislation. It thus governs all matters concerning the preservation and development of minorities’ cultural identity, regional languages, equality and the competencies of the Government at the central and local levels. Article 2 of the Act mentions 9 national minorities: Byelorussians, Lithuanians, Czechs, Germans, Armenians, Russians, Slovaks, Ukrainians and Jews and 4 ethnic minorities: Karaimi, Lemki, Roma and Tatars. Moreover, Chapter 2 of the Act regulates the use of the languages spoken by national and ethnic minorities, while Chapter 4 concerns the use of the regional language which, according to Article 19.1.3 of the Act, is the Kashubian language. The Polish authorities have also indicated that Article 6.1 of the Act on National and Ethnic Minorities and Regional Language prohibits discrimination against national and ethnic minorities. Article 2 of the Act on National and Ethnic Minorities provides a definition of national and ethnic minorities. In that Act, the definition of national minorities differs from that of ethnic minorities in one respect only: unlike ethnic minorities, national minorities are identified with respect to a nation organized in a kin-State. Although there is a difference in the definitions, the rights granted in the Act on Minorities are the same for both minority groups.
Authorities and Institutions Responsible for Realization of the Policy Towards Minorities in Poland and Actions Taken by Them
The Commission for National and Ethnic Minorities of the Sejm of the Republic of Poland, operating since 1989, undertakes actions involving the co-creation of the law concerning national and ethnic minorities, an analysis of problematic issues, consultations and meetings with minority communities, and interventions.
The protection of the rights of national and ethnic minorities is one of the priorities of the activity of the Commissioner for Civil Rights. By the end of 2000, a separate position in charge of national minorities and foreigners was created in the Office of the Commissioner for Civil Rights. On 1 January 2001, the Independent Department for Protection of Foreigners’ and National Minorities’ Rights was established. Its competencies include the issues connected with the protection of the rights of Polish citizens belonging to national and ethnic minorities, and, in particular, those connected with realization of the equal treatment and non-discrimination principle and with the right of national and ethnic minorities to maintain and develop their native language, customs and traditions and to develop their own culture.
The Team on National Minorities was established on February 6, 2002 as an advisory body of the Prime Minister. It continues the work of inter-ministerial Team on National Minorities that worked in the period of 1997-2001. The Team on National Minorities is composed of the representatives of ministries responsible for: Interior Affairs and Administration, Finance, Education, Labour and Social Support, Justice, Foreign Affairs, the Central Statistical Office, the Council for the Protection of Memory of Struggle and Martyrdom, the European Integration Committee and the Chairman of the Foreigners and Repatriates Office. The chairman of the Team is a vice-minister of the Interior and Administration. Within the Team there was established a Sub-Team on the Education of National Minorities (in 2001) and Sub-team for Roma Issues (in 2002).
The Team’s main responsibilities are:
· to develop government measures to be taken with a view to creating adequate conditions for national minorities;
· to coordinate activities pursued by the government administration bodies dealing with national minority issues;
· to assess and propose solutions aimed at ensuring the rights and satisfying the needs of national minorities;
· to prevent any infringement of national minority rights;
· to prepare studies on the situation of national minorities in Poland;
· to publish and promote national minority issues and problems among the Polish public opinion.
The National Minorities Division was established in January 2000 as a part of the Department of Denominations and National Minorities in the Ministry of the Interior and Administration.
Its main purpose is to deal with national minority issues, and in particular:
· to propose premises underlying the state’s policy towards national minorities, in consultation with the representatives of other ministries;
· to prepare thematic overviews intended for the Parliament and the Senate of the Republic of Poland;
· to collaborate with local governments to ensure that local minority needs are met;
· to maintain ongoing contacts with the leaders of individual national minority organizations and to provide them with assistance;
· to accept and examine any complaints regarding state administrative decisions regarding national minority issues;
· to prepare opinions on legal acts pertaining to national minorities as part of the intra- and inter-ministerial consultation process;
· to prepare meetings of the Team for National Minorities.
See also: Report to the Secretary General of the Council of Europe on the Realization by the Republic of Poland of the Provisions of the Framework Convention of the Council of Europe for the Protection of National Minorities.
The National Programme for Counteracting Racial Discrimination, Xenophobia and Related Intolerance (2004-2009)
The National Programme for Counteracting Racial Discrimination, Xenophobia and Related Intolerance (2004-2009) is the consequence of the implementation by Poland of the recommendations set out in the final documents of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, convened by the United Nations General Assembly and held in Durban from 31 August to 7 September 2001.
The Programme (here in Polish) was drafted after consultation with numerous public bodies and NGOs. It was also submitted to independent experts for assessment of both its substance and strategic approach. The Council of Ministers adopted the Programme on 18 May 2004. The aims of the programme are to combat xenophobia, racism and anti-Semitism and to spread the broad culture of tolerance further within Polish society. Its strategy provides for taking steps to enhance the public awareness of the problems of xenophobia and racism, including anti-Semitism, encouraging research in this field. The results of the Programme will be assessed regularly in order to adapt it to the real needs and problems existing in the country. The authorities have indicated that the Programme is being implemented by the appropriate ministers, central organs of Government Administration, the Human Rights Ombudsman, public broadcasters and organs of Government Administration at the province level, in close collaboration with units of territorial self-government and NGOs.
The Programme for the Roma Community in Poland
On 1 January 2004, the Polish authorities launched a long-term national Programme for the Roma Community in Poland, which had been adopted by the Council of Ministers on 19 August 2003. This programme is inspired, to some extent, by the Malopolska experience (the Government Pilot Programme for the Roma Community in the Malopolska Province (2001-2003)). It was drafted in consultation with Roma representatives. The aims of the programme are: to improve living and health conditions, to reduce unemployment, to ensure their security and prevent racist crimes, and to develop their culture and maintain their ethnic identity. The programme also aims to promote Roma history, culture and tradition in the majority population. A priority has been placed on the education of Roma children. The Ministry of Interior and Administration is in charge of coordinating the Programme.
International Legal Instruments
In its third report on the situation of national and ethnic minorities in Poland, the European Commission against Racism and Intolerance (ECRI) noted that Poland ratified the Framework Convention for the Protection of National Minorities on 20 December 2000 and that this Convention entered into force on 1 April 2001. ECRI welcomed Poland’s ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime on 26 September 2003. ECRI was also pleased to note that Poland signed the European Charter for Regional or Minority Languages on 12 May 2003. ECRI noted, however, Poland’s declaration of its intention to ratify this Charter within the scope of the Act on National and Ethnic Minorities and Regional Language which was adopted by the Sejm on 6 January 2005 and published in the Journal of Laws No. 17 of 31 January 2005 as item 141. ECRI was pleased to note that on 21 July 2003, Poland signed the Additional Protocol to the Convention on Cybercrime, concerning the criminalization of acts of a racist and xenophobic nature committed through computer systems. Poland has further informed ECRI that it will ratify this Protocol after it ratifies the Convention on Cybercrime.
On October 25, 2005, Poland signed, but has not ratified, the Revised European Social Charter, the European Convention on the Legal Status of Migrant Workers.
For more information on treaty ratification for Poland, please see the treaty section of this website.
Racism and Intolerance in Poland
In its 2006 report on Poland, Amnesty International pointed out that after the September 2005 Parliamentary and November 2005 Presidential elections, the political situation in the country changed dramatically. The Law and Justice party, which before the elections criticized gay rights campaigners and expressed support for the death penalty, came to power. Following Lech Kaczynski’s election as President, the European Commission issued a formal warning to Poland, saying that it could lose its European Union (EU) voting rights if the President continued to oppose gay rights and sought to introduce the death penalty. One of the first decisions of the new government was to abolish the Office for Gender Equality, making Poland the only EU country without a statutory equality watchdog.
Those who felt the most threatened were the members of sexual minorities who continued to face discrimination and restrictions on their right to freedom of expression and assembly. In June 2005, they were forbidden to organize the Equality Parade in Warsaw and in November the situation was repeated in Poznan. There was also no action by the authorities against public statements inciting intolerance against sexual minorities, such as that made by a then member of the European Parliament from the League of Polish Families: “After the elections, we will illegalize all homosexual organizations and we will attack paedophiles who are statistically the most numerous among them.”
As for the national and ethnic minorities, Amnesty International, citing ECRI’s third report on Poland, stressed the fact that Polish authorities rarely investigated and prosecuted cases of racial hatred, and allowed anti-Semitic material to freely circulate on the market. In investigating violent attacks against ethnic minorities, such as Roma or migrants, the police often did not take into account the racist motivation of crimes, which resulted in a lighter sentence for the perpetrator, if convicted. Moreover, there was still no comprehensive body of legislation prohibiting racial discrimination in all fields of life.
The 2005 Country Reports on Human Rights indicates that the Roma community is the most often discriminated-against ethnic minority in Poland. Romani leaders complained of widespread discrimination in employment, housing, banking, the justice system, the media, and education. The report also quotes the examples of anti-Semitism and discrimination against sexual minorities.
See also: Responding to Racism in Poland and Problems of Discrimination against National and Ethnic Minorities in Poland (in Polish).
Compiled from:
2006 Amnesty International Report, Amnesty International, 23 May 2006.
2006 Trafficking in Persons Report, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State, June 2006 (PDF, 295 pages).
European Commission against Racism and Intolerance: Third Report on Poland, Strasbourg, 14 June 2005 (PDF, 46 pages).
Ethnic Minorities and Media in Poland: Democracy without Advocacy?, Beata Klimkiewicz, IDSNET.
Monitoring the EU Accession Process: Minority Protection in Poland, OSI, Budapest 2001 (PDF, 42 pages).
Monitoring the EU Accession Process: Minority Protection in Poland. Pilot Government Programme for the Roma Community in the Malopolska Province for the Years 2001-2003, OSI, Budapest 2002 (PDF, 55 pages).
Problems of Discrimination against National and Ethnic Minorities in Poland, Slawomir Lodzinski, Kancelaria Sejmu. Biuro Studiów i Ekspertyz, December 2003 (PDF, 51 pages); Polish version.
Report to the Secretary General of the Council of Europe on the Realization by the Republic of Poland of the Provisions of the Framework Convention of the Council of Europe for the Protection of National Minorities, the Ministry of Interior and Administration of the Republic of Poland, Warsaw 2002 (PDF, 97 pages).
Responding to Racism in Poland, European Network against Racism, Brussels, May 2006 (PDF, 12 pages).