RED Network

Partially.

Qualitative Info

There is no definition of racial discrimination as such. Polish law (the Labour Code and the Act on the Implementation of Certain Provisions of the EU on Equal Treatment) forbids discrimination on the ground of, e.g. race and includes the definition of different forms of discrimination (direct discrimination, indirect discrimination and harassment). Besides, Polish legislative codes include a series of articles that directly or indirectly penalize acts with racist undertones or those related to someone’s racial, national or ethnic origin.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141

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Partially.

Qualitative Info

Polish law (the Labour Code and the Act on the Implementation of Certain Provisions of the EU on Equal Treatment) contains general definitions of discrimination (direct discrimination, indirect discrimination and harassment) on the grounds of, e.g. race, ethnic origin and/or religion. There is no separate definition of discrimination on the grounds of race, ethnic origin and/or religion. The definitions used in Polish legal acts are very similar to those in the EU anti-discrimination legislation, however, they are not fully in accordance with them, i.e. in Polish law there is no definition of multiple discrimination.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700

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No.

Qualitative Info

The Polish Constitution forbids discrimination for any reason. According to the new Act on the Implementation of Certain Provisions of the EU on Equal Treatment, which entered into force on January 1, 2011, possible grounds of discrimination are: gender, sexual orientation, race and ethnic origin, age, disability, religion or belief, creed and nationality. It is a closed catalogue. The Labour Code introduces an open list of possible grounds of discrimination by using a phrase “particularly”, and these are: gender, age, disability, race, religion or belief, nationality, political convictions, ethnic origin, sexual orientation, trade union membership and type of employment (part-time and full-time contracts as well as contracts for definite or indefinite period of time).

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU20102541700; http://isap.sejm.gov.pl/DetailsServlet?id=WDU19740240141; http://www.sejm.gov.pl/prawo/konst/polski/kon1.htm

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Yes.

Qualitative Info

Polish legislative codes include provisions that directly or indirectly penalize acts with racist undertones or those related to someone’s racial, national or ethnic origin. For example:

Article 256 of the Criminal Code prohibits public propagation of a fascist or other totalitarian regime, inciting hate with reference to differences in national, ethnic, racial, denominational characteristics or lack of denomination. Violations are subject to fines or limitation of freedom or deprivation of liberty of up to two years. Also manufacture, recording or importing, storage, possession, presenting, transport or sending of print materials, recordings or other objects containing the aforementioned content and order media with fascist, communist or other totalitarian symbols carry the same penalty. However, the criminal code allows such conduct as part of artistic, educational, collecting, or scientific activities.

Article 257 of the Criminal Code prohibits insulting a group of peoples or particular person due to his or her national, ethnic, racial, denominational or lack thereof membership. It also prohibits battery against another for the above reasons.

Article 118 of the Criminal Code essentially penalizes genocide (as as well as preparations therefore) committed against a national, ethnic, racial, political, denominational group or a group with a defined worldview for the purpose of its total or partial annihilation. These crimes are murder, causing grievous bodily harm, creating living conditions that threaten biological annihilation, use of means to prevent birth or forced seizure of children.

Article 118a of the Criminal Code penalizes a series of crimes and acts committed in connection with participation in a mass attack or even one of repeated attacks in support or execution of state or organizational policy against a group of peoples. Serious persecution of a group of peoples for reasons proscribed under international law, especially for political, racial, national, ethnic, cultural, denominational or lack thereof, worldview or gender, resulting in deprivation of fundamental rights, are crimes subject to deprivation of liberty.

Article 119§1 of the Criminal Code prohibits the use of violence or criminal threats against groups of individuals or a particular person due to his or her national, ethnic, racial, political, denominational or lack thereof membership.

The current regulations keep sanctioning crimes of incitement to hatred, threats, public insults, or violence towards persons and minorities on, among others, national, ethnic, racial and religious grounds. Non-governmental organisations have been appealing for years to introduce legal changes which would allow to include in the penal code the crimes committed on grounds of sexual orientation, sex, gender identity, age and disablement. Meanwhile, the Parliamentary Club of Platforma Obywatelska (Civic Platform) informed on the beginning of works on the change of the article 256 of the penal code by means of adding an unclear criteria of “natural personal features or beliefs”, which raised protests of non-governmental organisations focused within the Coalition for Equal Opportunities (Koalicja na rzecz Równych Szans).

---

Source:

• Stowarzyszenie Interwencji Prawnej, 01.10.2012, Stanowisko Koalicji na Rzecz Równych Szans o zmianie kodeksu karnego w zakresie przestępstw nienawiści (Opinion of the Coalition for Equal Opportunities on change of the penal code concerning the hate crimes), http://interwencjaprawna.pl/stanowisko-sip-w-koalicji-na-rzecz-rownych-szans-o-zmianie-kodeksu-karnego-w-zakresie-przestepstw-z-nienawisci/, Accessed on 12.12.2012.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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No.

Qualitative Info

Polish law does not contain a definition of racist hate crime as such.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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No.

Qualitative Info

Polish law does not contain a definition of hate speech as such.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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No.

Qualitative Info

Polish law does not contain legal definitions of racist incident and racist violence as such.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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Yes.

Qualitative Info

According to the Polish Constitution, political parties and other organizations whose programs are based upon totalitarian methods and modes of activity of nazism, fascism and communism, as well as those whose programs or activities sanction racial or national hatred, the application of violence for the purpose of obtaining power or to influence the State policy, or provide for the secrecy of their own structure or membership, shall be prohibited.
The Criminal Code penalizes participation in a criminal bond, stating that it is prohibited to take part in an organised group which aims at committing crimes. This provision may be applied as far as the hate groups are concerned.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553; http://www.sejm.gov.pl/prawo/konst/polski/kon1.htm

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No.

Qualitative Info

There is no such assessment done by the public authorities. Independent research is done by non-governmental organisations and international bodies.

External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Poland/POL-CbC-IV-2010-018-ENG.pdf; http://www.otwarta.org/files/Debata%20-%20Mowa%20nienawisci%20a%20wolnosc%20slowa.pdf; http://www.otwarta.org/files/Przestepstwa%20z%20nienawisci.pdf

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Yes.

Qualitative Info

There is an estimate (made by experts from non-governmental organisations) that such crimes are not always reported to law enforcement representatives. Firstly, the statistics do not include racially motivated crimes that do not comprise of acts described in the articles of the Criminal Code. The Temida statistical system, which collects crime statistics broken down by particular articles of the criminal code, indicates that the number of racist crimes in Poland is low. However, the statistics may miss a portion of reported racist crimes beginning at the police report stage. This may occur because, in the Temida system, when a suspect is accused of two or more crimes, the report records only the crime carrying the highest potential penalty. As such, that will not always be the racist crime as the punishments for these crimes are relatively low. Another reason the statistics may be missed is that officials recording crime reports may ignore the racist aspects and treat racist cases as common crimes.

External Url http://otwarta.org/files/Przestepstwa%20nie%20stwierdzono.pdf; http://www.crisisintervention.free.ngo.pl/; http://www.nigdywiecej.org/images/komunikat/2009/hate_crime.pdf

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It happens that the police is not adequate in terms of combating racist violence/hate crime effectively.

Qualitative Info

International bodies and non-governmental organisations report that the Police is reluctant to intervene in hate crimes and point out the problems of the law-enforcement officers' misconduct towards minority groups (e.g. Roma) and racial profiling. Besides, the Police often do not take into account the racist motivation of crimes, which results in a lighter sentence for the perpetrator, if convinced. However, it should be stressed that the Public Prosecutor's Office has recently become more effective in dealing with racially motivated offences. In 2007 the National Centre for Training Employees of Common Courts and Prosecution Authorities  (NCTECCPA) carried out a project “The role of prosecutors in an effective prevention of discrimination” targeted at prosecutors active in tasks related to preventing discrimination on grounds of i.e. race, ethnic origin, religion and creed. Besides the number of relevant indictments brought to courts has increased. In 2009 there were 28 indictments brought to courts (in the years 2000-2003 there were 7 indictments, in 2004 – 6 indictments, in 2005 – 7, in 2006 – 12, in 2007 – 19 indictments and 2 cases were brought to courts for summary judgement, in 2008 there were 28 indictments).

 

In 2011, police officers were informed about the guidelines of the Chief of Police (running the National Police Headquarters – KGP) concerning the proceeding in social conflicts grounded in nationality. Moreover, a specialist course for police officers is conducted, which covers the counteraction and fight against hate crimes of a cascading character. In 2011, 115 police officers were trained on the central level, while – locally – more than 38,000 police officers.

As to proceedings concerning crimes committed for racist or xenophobic reasons, prosecutors in 2011 were conducting 322 proceedings, including 272 new proceedings. In about 40 of them indictments were filed, 134 cases were dismissed, and in 91 cases preparatory proceedings were refused to be initiated [1].

 

---

Source:

Prokuratura Generalna, 13.06.2012, Ofiary przestępstw z nienawiści (The victims of the hate crimes), http://www.pg.gov.pl/index.php?0,821,3,512, Accessed on 12.12.2012.
 

External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Poland/POL-CbC-IV-2010-018-ENG.pdf; http://bip.ms.gov.pl/pl/prawa-czlowieka/onz-i-prawa-czlowieka/sprawozdania-rp/

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No.

Qualitative Info

It appears that some racially motivated offences go unpunished, and such problems in Poland as hate crime and xenophobia happen to be denied. The racially motivated acts are not treated seriously and are often neglected. Most of the proceedings concern the acts of battery in connection with verbal insults of a person of different origins or expressing the fascist symbols in connection with destroying one's property. Prosecutors and judges often conduct the proceedings which aim to punish the perpetrator for typical hooligan behaviours and ignore the racial undertone in the cases which are more difficult in investigating, and require more effort. Besides, the judiciary seems not to acknowledge the harmfulness of the racially motivated acts. Until recently, most of these cases have been discontinued due to insignificant social noxiousness of an act. There are also considerable discrepancies in jurisdiction – comparable behaviours are differently classified.

External Url http://www.otwarta.org/files/Przestepstwa%20z%20nienawisci.pdf; http://www.sukurs.nomada.info.pl/index.php?option=com_content&view=article&id=21&Itemid=16&lang=en

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It depends on a judge.

Qualitative Info

According to the Polish Criminal Code, the court is invited to take into account the racist motive of an offence as part of specific penalisation guidelines set out in one of the articles of the Criminal Code. The guidelines point to the motive of action or inaction of the perpetrator as one of the circumstances affecting the scope of the penalty. They do not contain a list exhaustive or indicative of factors that could amount to aggravating circumstances. It means that Polish law does not render expressly the racial motivation of an offence as an aggravating circumstance which however influences the qualification of an offence. It is not possible to state how often it is applied by courts in the cases of hate crimes and how the judges follow the sentencing recommendation in the case of crimes related to someone’s origin.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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No data available.

Qualitative Info

According to the Polish Criminal Code, the court is invited to take into account the racist motive of an offence as part of specific penalisation guidelines set out in one of the articles of the Criminal Code. The guidelines point to the motive of action or inaction of the perpetrator as one of the circumstances affecting the scope of the penalty. They do not contain a list exhaustive or indicative of factors that could amount to aggravating circumstances. It is not possible to state how often it is applied by courts in the cases of hate crimes and how the judges follow the sentencing recommendation in the case of crimes related to someone’s origin.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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No.

Qualitative Info

National legislation does not provide for specific sanctions against public servants reported as perpetrators of racist violence/hate crime. However, the fact of racist motivation may influence the sentencing. One of the articles of the Criminal Code stipulates that the public servant who exceeds authority or does not fulfil his or her duty, and acts to the detriment of public or individual interest is subjected to the penalty of up to 3 years imprisonment. If the perpetrator commits this act in order to obtain financial or personal benefits, he or she is subjected to the penalty of up to 10 years imprisonment. If the perpetrator acts unintentionally but causes serious harm, he or she is subjected to the following penalties: fine, imprisonment of maximum 2 years or restriction of liberty. The public servants may also bear disciplinary responsibility.

External Url http://isap.sejm.gov.pl/DetailsServlet?id=WDU19970880553

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Yes, sometimes.

Qualitative Info

It happens that policemen themselves discriminate against and behave racist. Even though they go through several trainings, the attitude of many police officers towards people of a different race or nationality is not a proper one. Some immigrants signalled that police officers addressed them in a racist manner (hate speech). An NGO was reported on the case of an immigrant who was mistreated by policemen during detention and transportation to the police station and hospital. The man was beaten, threatened with deportation and humiliated. The police officers insulted him by making reference to his nationality and skin colour. There is also the case of a migrant from Chechnya (who obtained international protection and resides in Poland legally). He was a witness in the case of his friend but was unlawfully detained by the police and humiliated due to his nationality, together with two other Chechens. The court found the detention procedure unlawful, and the application for compensation was lodged.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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Yes.

Qualitative Info

In Poland, there is Narodowe Odrodzenie Polski – NOP (National Rebirth of Poland) – the officially registered nationalist and national-revolutionary political party. NOP is promoting violent forms of neofascism and anti-semitism, including the Holocaust denial and racism. A considerable number of government bodies, nongovernmental organizations, academic institutions and individual experts worldwide, e.g. the United States Department of State and the European Commission against Racism and Intolerance (ECRI), claimed NOP to be an anti-semitic organisation.
Next, there is Obóz Narodowo Radykalny – ONR (National Radical Camp), which is a Polish extreme right, anti-semitic, anti-communist and nationalist political movement.
Another group is Młodzież Wszechpolska (All-Polish Youth) which has been widely condemned as homophobic by various organisations, e.g. Amnesty International, Human Rights Watch or the UN.
Finally, there is also Polska Partia Narodowa (Polish National Party), a nationalist and ultra-conservative political party led by Leszek Bubel, registered officially in 2004, and famous for its anti-semitic discourse. The party mostly expresses anti-semitism but also opposes emigrants and new cultures in Poland.

External Url http://en.wikipedia.org/wiki/National_Radical_Camp, http://en.wikipedia.org/wiki/National_Revival_of_Poland, http://en.wikipedia.org/wiki/All-Polish_Youth; http://en.wikipedia.org/wiki/Polish_National_Party

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Yes.

Qualitative Info

In Poland, there is Narodowe Odrodzenie Polski – NOP (National Rebirth of Poland) – the officially registered nationalist and national-revolutionary political party. NOP is promoting violent forms of neofascism and anti-semitism, including the Holocaust denial and racism. A considerable number of government bodies, nongovernmental organizations, academic institutions and individual experts worldwide, e.g. the United States Department of State and the European Commission against Racism and Intolerance (ECRI), claimed NOP to be an anti-semitic organisation.
Next, there is Obóz Narodowo Radykalny – ONR (National Radical Camp), which is a Polish extreme right, anti-semitic, anti-communist and nationalist political movement.
Another group is Młodzież Wszechpolska (All-Polish Youth) which has been widely condemned as homophobic by various organisations, e.g. Amnesty International, Human Rights Watch or the UN.
Finally, there is also Polska Partia Narodowa (Polish National Party), a nationalist and ultra-conservative political party led by Leszek Bubel, registered officially in 2004, and famous for its anti-semitic discourse. The party mostly expresses anti-semitism but also opposes emigrants and new cultures in Poland.

External Url http://en.wikipedia.org/wiki/National_Radical_Camp, http://en.wikipedia.org/wiki/National_Revival_of_Poland, http://en.wikipedia.org/wiki/All-Polish_Youth; http://en.wikipedia.org/wiki/Polish_National_Party

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No.

Qualitative Info

No.

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No.

Qualitative Info

No.

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Yes

Qualitative Info

According to the new Act on the implementation of certain provisions of the EU on equal treatment, which entered into force as of 1 January 2011, the Government Plenipotentiary for Equal Treatment is obliged to design the National Action Plan for Equal Treatment. Work on this programme has already begun.

The Office of the Government Plenipotentiary for Equal Treatment, the Jagiellonian University in Cracow and the Warsaw School of Economics are cooperating in developing a document titled “National Action Plan for Equal Treatment” which is supposed to define the objectives and priorities of the government's actions to promote equal treatment to be undertaken the five-year perspective. In May 2012, expert seminars were held the aim of which was to define the opinions of representatives of various environments on the proposed diagnosis of problems and recommendations worked out so far. After taking into account the recommendations developed during the seminars, the document will be presented to the Chancellery of the Prime Minister (expected time of forwarding it to the Chancellery is 2013).

---

Source:

• Rzeczpospolita, 03.03.2012, Powstaje program na rzecz równego traktowania (The National Action Plan for Equal Treatment comes into being), http://www.rp.pl/artykul/832655.html, Accessed on 12.12.2012.

External Url http://www.hf.org.pl/raporty/rasizm_w_polsce.pdf

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Sometimes local authorities support NGO projects aimed at combating racism and its manifestations, while within the “Equal treatment as a standard for good governance” project in 2012 a series of regional conferences titled “Administration against discrimination” were organized.

Qualitative Info

Sometimes local authorities support NGO projects aimed at combating racism and its manifestations. The most common example of this is the involvement in activities to remove racist inscriptions from the walls of cities – the role of local authorities in such cases is to provide moral support (e.g. patronages) or enforce the removal of these inscriptions on owners of the buildings, on which they were placed.

Within the “Equal treatment as a standard for good governance” project in 2012 a series of regional conferences titled “Administration against discrimination” were organized. The seminars are supposed:

- to present the Strategic Recommendations for Equal Treatment which will become the basis for the National Action Plan for Equal Treatment;

- to present the outcomes of the research on the social phenomenon of discrimination;

- to present the outcomes of the research on variety and equal treatment of public administration employees;

- to exchange opinions and discuss the situation and problems depending on the region with the Plenipotentiary.

---

Source:

Biuro Pełnomocnika ds. Równego Traktowania, Równe Traktowanie Standardem Dobrego Rządzenia (Equal treatment as a standard for good governance), http://rownetraktowanie.gov.pl/rowne-traktowanie-standardem-dobrego-rzadzenia, http://rownosc.info/rownosc.php/main/index/page/433, Accessed on 12.12.2012.

External Url http://pl.wikipedia.org/wiki/Kolorowa_Tolerancja

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Yes.

Qualitative Info

There are several organizations dealing with racism and xenophobia. These are various types of organizations: those conducting extensive activities in support of human rights, organizations that focus on discrimination (on various grounds) or matters relating to minorities and migrants. Finally, there are several organizations whose activities are focused primarily on issues of racism and counteracting this phenomenon.

External Url http://www.nigdywiecej.org/, http://www.otwarta.org/, www.hfh.org.pl, http://www.otwarta.org/, http://crisisintervention.free.ngo.pl/

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Yes.

Qualitative Info

The oldest nationwide organization dealing with anti-racist activity is the Never Again Association. Also the Association Against Anti-Semitism and Xenophobia “Open Republic” deals mainly with this issue.

External Url http://www.nigdywiecej.org/, http://www.otwarta.org/

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Yes.

Qualitative Info

There are several examples of anti-racist and anti-discrimination organisations' activity having a positive impact on anti-racist policies. For example, in March 2011 the Human Rights Defender approached the Attorney General with regard to increasing the efficiency of prosecuting racist crimes. In his speech the HRD referred to results of studies among victims of racism and hate crime monitoring conducted by NGOs. Also in March 2011, as part of European Testing Night, non-governmental organizations carried out a test examining discrimination in access to the Polish capital's entertainment venues. Responding to the discriminatory practice indicated by the test, Warsaw's city authorities, in cooperation with NGOs, and (to a lesser extent) Warsaw's clubs, started working on the introduction of anti-discrimination regulations in the clubs and pubs. As a result, the prohibition of discrimination (on various grounds) is to be included in new or renewed lease agreements. There are plans to introduce mandatory rules and regulations, visible to the customers, which will clearly determine the door selection rules. Non-governmental organizations are involved in the creation of the equality programme for Polish capital, entitled "Diverse Warsaw".

 

---

Source: Letter of the Human Rights Defender http://www.rpo.gov.pl/index.php?md=9232&s=1&zaznacz=1#znalezione, Legal Intervention Assiaciation, Institute of Public Afairs.

External Url http://www.rpo.gov.pl/index.php?md=9232&s=1&zaznacz=1#znalezione

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Yes.

Qualitative Info

Non-governmental organizations are directly involved in the consultation and development, promotion, implementation of anti-racist and anti-discrimination law and / or policies. Among others, representatives of NGOs working in support of non-discrimination are meeting with the Human Rights Defender, which is one of the two equality bodies in Poland, in order to discuss solutions relating to a particular area of discrimination. The Coalition for Equal Opportunities, which brings together 48 organizations, has prepared opinions on successive versions of the Act on the implementation of certain provisions of the EU on equal treatment, and also organizes meetings with members of Parliament and the Human Right Defender. In November 2012, a proposal of amendment of the Act on the implementation of certain provisions of the EU in the field of equal treatment went to Sejm.

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Source:

• Koalicja na rzecz Równych Szans, Projekt ustawy nowelizujący ustawę o wdrożeniu niektórych przepisów UE w zakresie równego traktowania (Proposal of amendment of the Act on the implementation of certain provisions of the EU in the field of equal treatment), http://orka.sejm.gov.pl/Druki7ka.nsf/Projekty/7-020-443-2012/$file/7-020-443-2012.pdf, Accessed on 12.12.2012.

External Url http://www.ptpa.org.pl/koalicja; http://www.interwencjaprawna.pl/docs/metodologia-przygotowania-bazy.pdf

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Yes.

Qualitative Info

Organizations providing legal assistance – in particular, legal and integration assistance for foreigners (e.g. the Helsinki Foundation for Human Rights, Legal Intervention Association) – support victims of discrimination or racism-related violence in dealing with law enforcement agencies and during legal proceedings. However, it should be noted that there are very few legal cases in this area.

External Url http://www.hfhrpol.waw.pl/dyskryminacja/nasze-interwencje-rodzaje-dyskryminacji, http://www.interwencjaprawna.pl/precedensy.html

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Yes

Qualitative Info

The issue of racism and discrimination, albeit to a very narrow extent, is included in the part of the training for future police officers devoted to human rights. In addition, police officers are trained in this area within the confines of separate, specific projects or professional training. For example, in 2009, the Police Training Centre in Legionowo started conducting the Specialized course in preventing and combating hate crimes. The course curriculum was developed as part of the Programme to Combat Hate Crimes for Law Enforcement officers implemented by the Ministry of Interior and Administration in cooperation with the ODIHR. It covers the recognition of hate crimes, appropriate responses, and prevention. The courses are being continued in the cascade system. Until 30 April 2011, 64 trainers were trained at the central (national) level, and at the level of provinces – about 20 thousand police officers. Training will be conducted until the start of EURO 2012 [1].

 

The police is also carrying out the project “Let us talk about man – guidelines for the publishing project titled 'Anti-discrimination actions within the police units'” which is going to result in, among others, the creation of a self-help book shaping positive attitudes among police officers and civil service workers of Police Headquarters towards the groups exposed to discrimination. The second half of 2013 is the expected time of the publication [2].

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Sources:

1. Ministerstwo Spraw Wewnętrznych, Program zwalczania przestępstw na tle nienawiści dla funkcjonariuszy organów ochrony porządku (the Programme to Combat Hate Crimes for Law Enforcement officers), http://www.msw.gov.pl/portal/pl/343/4342/Program_zwalczania_przestepstw_na_tle_nienawisci_dla_funkcjonariuszy_organow_och.html, Accessed on 12.12.2012.
2. Biuro Rzecznika Praw Obywatelskich, 15.11.2012, Porozmawiajmy o człowieku - założenia do projektu wydawniczego pt. działania antydyskryminacyjne w jednostkach Policji (Let us talk about man – guidelines for the publishing project titled 'Anti-discrimination actions within the police units'),  http://www.rpo.gov.pl/index.php?md=980&strona=19791&s=1, Accessed on 12.12.2012.

External Url http://www.msw.gov.pl/portal/pl/343/4342/Program_zwalczania_przestepstw_na_tle_nienawisci_dla_funkcjonariuszy_organow_och.html

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No.

Qualitative Info

There are not any police professional associations that promote and endorse anti-migrant/anti-minority agendas and discourse.

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No.

Qualitative Info

There is no  legal definition / sanctioning of ethnic profiling. 

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Yes/No.

Qualitative Info

There is no evidence that the police force engages in ethnic profiling, however, some immigrants signalled that they were mistreated by the police because of their ethnicity. There is a case of a migrant from Chechnya (who obtained international protection and resides in Poland legally). He was a witness in the case of his friend but was unlawfully detained by the police and humiliated due to his nationality, together with two other Chechens. The court found the detention procedure unlawful, and the application for compensation was lodged.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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No.

Qualitative Info

There is no evidence that the immigration services engage in ethnic profiling. 

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Yes.

Qualitative Info

According to official statistics, the number of crimes committed in Poland with reference to race, nationality or ethnicity is small. It is believed, however, that a significant number of these acts may not be reported to law enforcement agencies or included in statistics. However, there are no alternative statistics to the official ones, showing the difference between racist incidents and crimes reported and the numbers of racist incidents and crimes recorded by police authorities. Experts suggest several reasons that lead to the underestimation of these statistics. These are: the present legislation (not all forms of racism are penalized), forms of collecting and processing of official statistics, improper statistical qualification of crimes by law enforcement officers (by leaving out the racial component), and the victims' failure to report incidents to such law enforcement agencies. These last two reasons are confirmed by qualitative research and indicated in reports of international institutions such as the ECRI. The most affected are people of African or Asian origin.

 

---

Sources:

ECRI report on Poland (forth monitoring cycle), 2010.

Agnieszka Mikulska, Rasizm w Polsce. Raport z badań wśród osób, które doświadczyły przemocy ze względu na swoje pochodzenie etniczne,  rasowe lub narodowe, Helsińska Fundacja Praw Człowieka, Warszawa 2010.

W. Klaus, J. Frelak (eds), Metodologia przygotowania bazy danych do identyfikacji zjawisk o charakterze dyskryminacyjnym, ksenofobicznym czy rasistowski, Instytut Spraw Publicznych, Stowarzyszenie Interwencji Prawnej, Warsaw 2009.

 

External Url http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Poland/POL-CbC-IV-2010-018-ENG.pdf, http://www.interwencjaprawna.pl/docs/metodologia-przygotowania-bazy.pdf, http://www.hf.org.pl/raporty/rasizm_w_polsce.pdf

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No.

Qualitative Info

There is no evidence that areas containing significant numbers migrants and minorities are policed in different ways than others.

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No.

Qualitative Info

There is no evidence of the police violence against migrants/minorities in custody, however, some immigrants signalled that they were mistreated by the police because of their ethnicity. There is the case of a migrant from Chechnya (who obtained international protection and resides in Poland legally). He was a witness in the case of his friend but was unlawfully detained by the police and humiliated due to his nationality, together with two other Chechens. One of them claimed he was beaten and insulted by the policeman. The results of an investigation has not yet supported the allegations of the foreigner.

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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Yes.

Qualitative Info

There is no evidence that migrants/minorities face disproportionate problems in accessing justice.

However the foreigners applying for a refugee status encounter problems with executing their right to go to court in a situation when, having received a negative decision obliging them to leave the territory of the Republic of Poland, they lodge a complaint at Voivodship Administrative Court. In many cases, before they have time to prosecute the final decision on the denial of granting them the status of a refugee or before the above mentioned court processes their case, they are deported from Poland. Such an action of the border guards violates their constitutional right to go to court as well as the European Union law concerning the persons in need of international protection. Such a practice makes it unable too, for administrative courts, to control efficiently the decisions of administrative organs issued within refugee proceedings. At the same time, the practice violates the constitutional principle of check and balance, and questions the importance of court power.

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Source:

• Helsińska Fundacja Praw Człowieka, 3.12.2012, Wydalenie cudzoziemca może naruszyć jego prawo do sądu (Deportation of a foreigner may violate his or her right to go to court), http://programy.hfhr.pl/uchodzcy/wydalenie-cudzoziemca-moze-naruszyc-jego-prawo-do-sadu-2012/, Accessed on 12.12.2012.

 

External Url http://programy.hfhr.pl/uchodzcy/wydalenie-cudzoziemca-moze-naruszyc-jego-prawo-do-sadu-2012/

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No.

Qualitative Info

There is no  evidence of differential sentencing of migrants, minorities and majority.

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No.

Qualitative Info

The trade unions do not engage in any specific activities recruiting or supporting/defending the rights of minorities.

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No.

Qualitative Info

The trade unions do not engage in any specific activities recruiting or supporting/defending the rights of migrants.

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No.

Qualitative Info

There is no evidence of significant levels of segregation between migrant groups and the majority population.

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No applicable.

Qualitative Info

No applicable.

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No.

Qualitative Info

There is no evidence of significant levels of segregation between minority groups and the majority population aside from several exceptions in southern Poland where Roma clusters are separated from the remainder of the locality. Moreover, there are areas that are inhabited primarily by some other national and ethnic minorities (e.g. the Puńsk municipality by Lithuanians) what stems from tradition and historical processes.

 

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Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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Roma.

Qualitative Info

In southern Poland there are some Roma clusters separated from the remainder of the locality. Most Roma are dispersed throughout towns with populations of more than 10 000. This is the result of government policy in communist Poland, which quartered Roma in ways that would facilitate their assimilation. This was not always successful, as counties did not always have sufficient housing resources in various parts of a given locality. As a result, and also due to their own preferences – as the Roma sometimes desired an appropriate location for their horses – it happened that the Roma were settled near each other at the outskirts of towns. Over the years, some moved to other parts of the city, while the cities themselves expanded. Consequently, there are some large Roma communities/neighbourhoods, though clusters of several Roma homes are far more frequent.

 

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Dorota Hall, Agnieszka Mikulska, Thematic Study. Housing Conditions of Roma and Travellers. Helsinki Foundation for Human Rights, Warsaw 2009.

External Url http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Poland_en.pdf

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NGOs report the examples of denial of social housings for migrants and refugees.

Qualitative Info

Some NGOs reported the examples of denial of housing/housing rights for migrants and refugees. It concerned especially these migrants who want to apply for social or communal housing. The problem of denial of housing/housing rights has not yet been thoroughly investigated and due to this fact it is not possible to assess the scale of this fenomen. There is not data regarding forced envictions.

 

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Source: Witold Klaus, Katarzyna Wencel, Discrimination against foreigners in Poland 2008-2010, Warsaw 2010.

 

External Url http://www.interwencjaprawna.pl/docs/ARE-610-dyskryminacja-praktyka.pdf

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There is no evidence of segregation and/or policies of distinct schooling of migrants.

Qualitative Info

There is no evidence of segregation and/or policies of distinct schooling of migrants.

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Yes.

Qualitative Info

The concept of creating separate classes for Roma children appeared in Poland in the 1990s. Their aim was to encourage the Roma to gain an education. In practice, it turned out that they result in lowering the level of teaching in these classes and to discrimination and exclusion. Therefore, since the first half of the 2000s, there has been a gradual abolishment of Roma classes. In 2008, the Minister of Education announced the liquidation of the last few classes that existed in this period.

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No.

Qualitative Info

There is no such evidence available.

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It is not possible to assess the visible presence of the representatives of the ethnic and national minorities and migrants as media professionals.

Qualitative Info

It is difficult to assess the visible presence of the representatives of the ethnic and national minorities and migrants as media professionals, as the majority of them do not distinguish themselves in appearance (and often also in last name) from the general public. Among well-known journalists there are people of both migrant origin as well as ones originating from minorities, although certainly not all migrant or minority groups are represented and / or equally prominent.

Pursuant to the Act on Radio and Television, in appointing the programming boards of public radio and television sections that broadcast shows in minority languages, the section directors should take into account candidates submitted by minority social organisations. In practice, however, almost no minority representatives are members of broadcasters’ programme boards, with only two persons of minority origin involved in the works of programme boards of regional radio stations (appointed in 2008).

 

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Source:
Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Poland, adopted on 20 March 2009

External Url http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_Poland_en.pdf

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Racist and any-migrant speech is rather rare in official public life but it occurs from time to time. Hate speech is present in the Internet. It concerns mainly Jews, Russians, German, Muslims.

Qualitative Info

The situation has not changed much since 2011. Hate speech is still present on the Internet. For instance, a Border Guard officer on the Internet message boards (forums) regularly offended Chechens calling them „scum“, „Caucasian layabouts”, „a group of aggressive parasites”.

In 2012, Wiedza Lokalna Foundation continued the project aimed to scan Internet content with regard to hate speech. It focused on verbal aggression against ethnic, sexual, religious and other minorities. In September 2012, another scan of the Internet users' statements was made. Among 4230 statements referring to minorities, 1525 contained negative emotions (approximately 36%). The majority of them – approximately 48% – was related to Jews. Next, they referred to Muslims (20%), Russians (17%) and Germans (14%). The texts bearing traits of violent language or hate speech featured the most negative emotions in reference to Muslims and Jews. Representatives of these minorities were most often victimized with hate speech, that is the highest level of intensity of negative emotions, including incitement to action (Muslims 64%; Jews 32%).

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Source:

• Fundacja Wiedza Lokalna, Raport Mniejszości (Minority Report), http://www.raportmniejszosci.pl/web/s/dotychczasowe-wyniki, Accessed on 12.12.2012.

External Url http://www.raportmniejszosci.pl/

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Racist incidents are rare in most sports, except for football. Most of the positive initiatives regarding racism in sport are undertaken by the Never Again Association, which conducts its activities under the slogan Let’s Kick Racism out of Stadiums.

Qualitative Info

Racist incidents are rare in most sports, except for football, where they are much more common. In the case of other sports some single incidents have been observed (speed racing, basketball). Several types of racist incidents recurring at Polish football stadiums may be distinguished. The first one includes acts directed against players of darker skin colour which consist in making hooting sounds to imitate those produced by monkeys whenever they have the ball, throwing bananas at them and calling them names. Also, some several physical attacks on black players have been reported. Second type of incidents directed against all ‘foreign’ players consist in shouting racist slogans, hanging banners with such slogans as well as adding Nazi symbols and stylistics to the club flags and banners. Another type of incidents includes behaviour of anti-Semitic character (shouts, chants, notices).

Most of the positive initiatives regarding racism in sport are undertaken by the Never Again Association, which conducts its activities under the slogan Let’s Kick Racism out of Stadiums. The association’s activities include, among others, printing and distributing, mainly during football matches, leaflets, booklets and posters containing anti-racist slogans, preparing shirts with the campaign’s slogans, as well as persuading players to put them on during the matches, organising the Polish Football Championships of Anti-racist Amateur Teams with the participation minorities and migrants. Never Again also conducts monitoring of racist incidents in football. Some actions against racism in sport have been undertaken by some public bodies.  For example, the annual  ‘Stop Racism in Sport’ journalist competition, was initiated by the Government Plenipotentiary for Equal Treatment. On 16 October 2009, the No – to racism in sports declaration was signed during a conference organized by the Ministry of Sport and Tourism, the Government Plenipotentiary for Equal Treatment, the Ministry of Internal Affairs and Administration, and the Polish Olympic Committee. In addition to the organizers, acclaimed Polish athletes and over 40 sport organizations signed the declaration.

The fears of dangerous acts of racism occurring at the championship in Poland were not confirmed. Indeed, such incidents took place, yet they can be considered single hooligans incidents rather than a mass action against foreign teams. 

 

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Sources:

• Ministry of Interior, http://www.msw.gov.pl/
• Government Plenipotentiary for Equal Treatment, http://rownetraktowanie.gov.pl/
• Never Again Association, http://www.nigdywiecej.org/1-10
• Helsinki Foundation for Human Rights, http://www.hfhr.pl/
• Newsweek.pl, 11.06.2012, Racism on EURO 2012 - present or not?, http://euro2012.newsweek.pl/rasizm-na-euro--jest--czy-go-nie-ma,92942,1,1.html

External Url http://www.msw.gov.pl/portal/pl/2/8818/Nie__dla_rasizmu_w_sporcie.html, http://www.nigdywiecej.org/index.php?option=com_content&task=view&id=27

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Yes.

Qualitative Info

There are no detailed national regulations related to the problem of hate speech during the sport events, but the Criminal Code penalises racial offences, including incitement of hatred on grounds of nationality, race, religion, as well as verbal and physical assaults on persons resulting from their race, nationality or denomination. Therefore, the laws in question apply to perpetrators of racist incidents occurring during or in connection with sports events.
Apart from this, disciplinary codes of two sport associations impose penalties for racist incidents. Fines for the clubs are contained in the Speedway Racing Regulations for cases of spectators shouting slogans, which are of racist, fascist, anti-Semitic, nationalist, satanic or grossly unethical nature, advocate terrorism or incite feuds and hatred, as well as displaying signs or symbols of such content. The Polish Football Association’s Disciplinary Code sets out a number of specific penalties for football clubs and natural persons committing racist or discriminatory acts; the amounts and types of penalties depend on the type of act committed, circumstances, in which it has been committed, and the characteristics of the perpetrator. Various kinds of hate speech are subject to a penalty: shouting slogans which are of racist, fascist, anti-Semitic, nationalist nature, insulting or offending a group of persons or an individual because of their national, racial, or ethnic origin, displaying banners, flags and other similar objects containing discriminatory or offensive content. Sanctions for racist incidents are applicable in practice.

 

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Source: Polish Football Association, Disciplinary Code
Speedway Racing Rules, Disciplinary Regulations
 

External Url http://www.pzpn.pl/regulamin_dyscyp.php, http://www.pzm.pl/userfiles/file/regulaminy/zuzel/04RDysc2009popr.pdf

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