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Resolution CM/ResCMN(2015)3
on the implementation of the Framework Convention for the Protection of National Minorities
by Poland

(Adopted by the Committee of Ministers on 4 March 2015
at the 1221st meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”),

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;[1]

Having regard to the instrument of ratification submitted by Poland on 20 December 2000;

Recalling that the Government of Poland transmitted its State report in respect of the third monitoring cycle under the Framework Convention on 13 December 2012;

Having examined the Advisory Committee’s third opinion adopted on 28 November 2013, as well as the written comments of the Government of Poland received on 21 May 2014;

Having also taken note of comments by other governments,

1.Adopts the following conclusions in respect of Poland:

a)Positive developments

Since ratifying the Framework Convention in 2000, Poland has continued its efforts to protect the rights of persons belonging to national minorities. The Act on National and Ethnic Minorities and on the Regional Language which was adopted in 2005 and the Anti-Discrimination Act of 2010 constitute a solid legal basis for the protection of rights of persons belonging to national minorities and for protection against discrimination, including in the field of employment on racial, ethnic, national or religious grounds. The Joint Commission of Government and National and Ethnic Minorities has, since its establishment in 2005, become the main forum for developing, implementing and monitoring minority policies and is the principal forum for a regular dialogue on issues affecting national minorities. In the Sejm, the Parliamentary Commission on National and Ethnic Minorities continues its very active role in stimulating public interest in national minority issues.

The authority for implementation of the Anti-Discrimination Act was vested in the Office of the Commissioner for Civil Rights Protection (Ombudsman) and the Government Plenipotentiary for Equal Treatment. A number of initiatives have been taken by the authorities to combat discrimination, to increase human rights awareness, and to raise professional standards among police officers.

The data released in 2013 and 2014 following the census in 2011 has provided valuable information on the population, including the ethnic composition of the country. The census was, overall, considered to have been conducted in line with international standards.

The authorities provide various forms of assistance to cultural activities of national minorities, and raise awareness of national minorities’ contribution to Polish society in general. The public radio and television channels continue to broadcast some programmes in the languages of national minorities, and the television coverage of regions inhabited by persons belonging to national minorities has improved since the completion of the digitisation process.

A well-developed system of minority language education exists in Poland, permitting children belonging to national minorities to receive instruction of or in their languages. New core curricula at all levels of schooling, which have been progressively introduced since 2009, aim to teach children about diversity of cultures, traditions and values. National strategies for minority education have been developed in consultation with national minority representatives to take into account the size, pattern of settlement and particular needs of German, Lithuanian and Ukrainian minorities. The method for calculating education subsidy allocation has been amended in 2013 to take into account whether the school teaches a minority language as a subject matter or whether all subjects are taught in a minority language.

The right to display bilingual signs and place-names and to use a minority language in relations with administrative authorities is respected in practice in the municipalities where persons belonging to national minorities constitute at least 20% of the population. Most of the municipalities meeting the criteria opted to avail themselves of these rights. Some bilingual documents, such as school graduation diplomas, are in use in minority schools. Persons belonging to national minorities can register and use their names in a minority language with language-specific diacritic marks.

The authorities have continued their efforts, in recent years to combat discrimination and implement policies for Roma inclusion into the mainstream society. The National Programme for the Roma Community Integration in Poland which was established in 2004 has been extended at the end of 2014 for the years 20142020.

b)Issues of concern

Diverging opinions remain as to the options available regarding protection of the Silesian identity and language.

Racially motivated offences and incidents of intolerance and xenophobia continue to be reported in Poland and the authorities’ response does not seem to be adequate. All too often, such offences are either not investigated by the police at all or are not prosecuted and sanctioned by the courts. This indicates lack of capacity or commitment by the law enforcement officials to combat hostility on ethnic grounds. The public debate on the issue of ritual animal slaughter (which was settled in December 2014 by the judgment of the Constitutional Court which stated that the prohibition of the ritual animal slaughter was incompatible with the Constitution as well as with the European Convention on Human Rights) has at times been characterised by intolerant attacks against persons defending this practice and some public statements revealed anti-Semitic and anti-Muslim sentiment. Some media permit openly racist and xenophobic language towards persons belonging to national minorities, in spite of the financial sanctions imposed on them.

The awareness among the majority population of the country’s multicultural history, and of the contribution of various national, ethnic, linguistic and religious groups to the cultural heritage of Poland, remains low. Insufficient and inconveniently scheduled television and radio programmes, aimed at national minorities and providing information about national minorities, in particular on nationwide channels reaching audiences outside areas inhabited by persons belonging to national and ethnic minorities in substantial numbers, and limiting of the teaching of history, contribute to this regrettable state of affairs. The problem of maintaining cultural identity is felt most strongly by persons belonging to numerically small minorities in Poland, such as the Tatars, Karaim, or Armenians.

In addition, the fact that few representatives of national minorities have been appointed to the regional public radio and television programming councils in accordance with the Act on Radio and Television Broadcasting indicates the insufficient importance that the competent authorities attach to promoting diversity and awareness of the contribution of national minorities to Polish society.

There is a shortage of textbooks in minority languages to cover appropriately the subject matters for all grades in the schools teaching minority languages and in minority languages.

The full and effective representation and participation of minorities at all levels requires further strengthening. The recommendations of the Joint Commission of Government and National and Ethnic Minorities are not consistently taken into account.

Roma continue to face persistent discrimination and difficulties in different sectors, in particular in employment and education. A disproportionately high number of Roma children receive certificates attesting to their disability and are placed in special schools. This indicates the inadequacy of the pre-school education opportunities for Roma children, who as a result enter primary school with little or no knowledge of the Polish language, and points to the deficiencies in the testing methods. Over 50% of the Roma have not completed primary education, as compared to 3,6% generally, and unemployment figures demonstrate that the various initiatives and schemes, undertaken under the National Programme for the Roma Community and the Operational Project ‘Human Capital’ have not yielded tangible results and that a significant proportion of the Roma remain excluded from the labour market.

2. Adopts the following recommendations in respect of Poland:

In addition to the measures to be taken to implement the detailed recommendations contained in sectionsI and II of the opinion of the Advisory Committee, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action:[2]

-increase efforts to combat all forms of intolerance, racism, xenophobia and hate speech; take further legislative measures and implement policies to combat racist manifestations, including in the media and the political arena;

-ensure that Roma children are fully integrated into mainstream education; review the enrolment policies for special schools; ensure access to pre-school facilities for all Roma children and guarantee that the curriculum in such kindergartens corresponds to the diverse needs and multilingual composition of the groups concerned;

-ensure, in consultation with the representatives of national minorities, adequate provision of textbooks in minority languages; monitor the effects of the recent changes to the system of allocation of subsidies to national minority schools.

Other recommendations:[3]

-introduce concerted measures to respect, protect and promote the cultural identity of numerically smaller minorities;

-provide adequate funding for programming in national and ethnic minority languages and ensure appropriate timing and geographical coverage of such broadcasts; ensure participation of national minorities in the programming councils of public broadcasters;

-undertake further measures to promote intercultural dialogue and awareness of the contribution of national minorities to Polish society; including by increasing teaching about national minorities’ history;

-take measures to improve the access of Roma to the labour market; develop, in consultation with those concerned, genuine and realistic programmes to lower unemployment among Roma;

-ensure full and effective participation of all minorities especially at regional and local level.

3.Invites the Government of Poland, in accordance with Resolution Res(97)10:

a.to continue the dialogue in progress with the Advisory Committee;

b.to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

[1] In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour”.

[2]The recommendations are listed in the order of the corresponding articles of the Framework Convention.

[3]The recommendations are listed in the order of the corresponding articles of the Framework Convention.