COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION BEGINS REVIEW OF FIFTEENTH AND SIXTEENTH PERIODIC REPORTS OF POLAND

CERD
62nd session
14 March 2003
Afternoon



The Committee on the Elimination of Racial Discrimination began review this afternoon of the fifteenth and sixteenth periodic reports of Poland, welcoming positive steps taken by the country to fight racial discrimination.
Introducing the reports, Szlweriusz Krolak, Under Secretary of State at the Ministry of Justice of Poland, said the period covered by the reports and the time that had passed since their submission had been characterized by a continuation of intensive social and legal transformations in Poland. He added that on 17 October 1997 a new Constitution had entered into force which contained basic regulations referring to human freedoms and rights.
Mr. Krolak said that, among other things, the Constitution introduced a ban on discrimination against anyone in political, social and economic life, and guaranteed the rights of national minorities. The reports also reflected the changes that had taken place in legislation and in practice as a result of Government reforms, he added.
Committee Expert Yuri A. Reshetov, who served as country rapporteur for the reports of Poland, and other Committee members welcomed the administrative and legislative changes taken by the Government to prevent discrimination. They also said the reports reflected the positive changes made in the country.
The Polish delegation included Krzysztof Jakuboski, Ambassador and Permanent Representative of Poland to the United Nations Office at Geneva; Jan Cisyewski, Director of the Department of International Cooperation and European Law at the Ministry of Justice; Krystyna Zurek, Counsellor at the Permanent Mission of Poland in Geneva; Agnieszka Dabrowiecka, Prosecutor and Head of Division for International Cooperation at the Ministry of Justice; Beata Faracik, Legal Official in Human Rights at the Ministry of Justice; and Wieslawa Gorzelany, Deputy Director at the Ministry of National Education and Sport.
Also, Maria Anna Knothe, Chief Expert at the Office of the Government Plenipotentiary for Equal Gender Status; Ewa Kapilewicz, Senior Expert in Equal Gender Status; Danuta Gloacka-Mazur, Deputy Director, and Dobieslaw Rzemieniewski, Head of Division, of the Ministry of Interior and Administration; Robert Mazelanik, Senior Expert of the Ministry of Culture; Monkia Przygucka-Poznanska, Chief Expert of the Ministry of Health; Elzbieta Szemplinska, Head of Division, and Teresa Guzelf, Director, of the Ministry of Economy, Labour and Social Policy; and Marcin Turski, Interpreter.
As one of the 167 States parties to the International Convention on the Elimination of Racial Discrimination, Poland must submit periodic reports to the Committee on national anti-discrimination efforts.
When the Committee reconvenes at 10 a.m. Monday, 17 March, it will continue its review of the reports of Poland.

Reports of Poland
The fifteenth and sixteenth periodic reports of Poland (CERD/C/384/Add.6) describe administrative, legislative and judicial measures taken by the Government to comply with the provisions of the treaty. The reports say that the media plays a very important role in disseminating information aimed at combating racial prejudice and racial discrimination. Individual national minorities are guaranteed access to radio and television, especially at the local level.
The reports note that Poland, in fulfilment of the obligation resulting from article 2 of the Convention, has elevated the prohibition of racial discrimination to the level of a Constitutional norm. A position of Commissioner for Citizens' Rights has been created to protect civil rights and freedoms infringed upon as a result of improper decisions taken by any organ of public authority. The Commissioner to date has received relatively few complaints related to discrimination on account of race, skin colour, national or ethnic origin, the reports state.
It is noted that a ban on racial discrimination in any form is included both in the Constitution and in the Penal Code. The Penal Code of 1997 has introduced two articles concerning racial discrimination which were missing in the previous Penal Code of 1969. The Penal Code also includes other provisions aimed at fighting against racial discrimination.

Presentation of Reports
SYLWERIUSZ KROLAK, Under Secretary of State at the Ministry of Justice of Poland, said the period covered by the reports and the time that had passed since their submission had been characterized by a continuation of intensive social and legal transformations in Poland. On 17 October 1997, a new Constitution had entered into force which contained basic regulations referring to human freedoms and rights. Among other things, the Constitution introduced a ban on discrimination agaiinst anyone in political, social and economic life, and guaranteed the rights of national minorities. A new Penal Code had entered into force on 1 September 1998. The reports also reflected the changes that had taken place in legislature and practice in connection with Government reforms.
Mr. Krolak said the reports included statistical data on instances of pending criminal cases; statistical data on minorities; and information on native languages and on efforts to provide children belonging to national minorities with education in their mother tongues. Concerning the Romany communities, new regulations enabled schools teaching Romany children to benefit from additional financial resources. There was a Government pilot programme for the Romany communities which comprised tasks related to issues such as the improvement of material and social status, health, and combatting unemployment, security and culture, with a special emphasis on educational projects. Poland also had a Task Group for National Minorities which was a consultative and advisory body to the Prime Minister.
A number of activities had been carried out with a view to implementing new measures since the reports had been submitted, Mr. Krolak said. For example, in June 2002, the Government decided to increase the scope of competence of the Government Plenipotentiary for Equal Status of Men and Women to include issues related, among other things, to preventing racial and national discrimination. Changes in the penal regulations were also being considered concerning the penalization of preparatory actions taken with a view to disseminating materials to incite hatred motivated by national, ethnic, racial or religious differences. There had also been changes in the Labour Code to ban discrimination, both direct and indirect, during employment, especially with regard to sex, age, handicap, race, nationality, beliefs, and membership in trade unions. An Office of the Ombudsman for Children had been established in January 2000. There were also other developments.
Mr. Krolak said no single complaint related to racial discrimination had been filed against the Polish Government in proceedings before the Committee on Human Rights or the European Tribunal of Human Rights.

Discussion
YURI A. RESHETOV, the Committee Expert who served as country rapporteur in charge of the reports of Poland, said the Committee was greatly impressed by the large Polish delegation and was grateful for Poland's weighty reports and its high-level delegation. The Head of Delegation had given a great amount of interesting information, in particular on the important work done by Poland to implement article 14 of the Convention and on the removal of its reservation on article 22. The removal of reservations was a constant concern of the Committee.
Mr. Reshetov said that after the previous reports of Poland were considered in 1997, the Committee had noted the considerable changes undertaken by the Government. During consideration of the previous reports, the Head of Delegation had responded objectively to comments made at that time. It had been indicated that the provisions of the Convention were not sufficiently covered by existing Polish legislation. At that time, the concluding remarks on the report referred to violent acts, on a racist basis, against Jews and Roma people. The Committee’s conclusions also said that measures should be taken to punish perpetrators and to avert such acts. Poland was urged to consider prohibiting organizations inciting racist ideas.
Mr. Reshetov said the current reports had many positive features which would also give rise to certain questions. He noted that only citizens could be considered members of minorities or national minorities, which might pose a problem. Before 1945, the situation had been different than today; many Jewish were made to disappear; there also had been a demographic change with people moving into the country. For a long time, Poland had been considered to be a homogeneous society but now things had changed. A National Commission on National and Ethnic Minorities had been established and it was dealing with issues pertaining to minorities.
There also was a problem of recognition of members of national minorities, Mr. Reshetov said. If minorities were recognized by the State, they had to receive financial support. On the issue of education, he said that many Romani children did not speak Polish well; because of that low level of preparation, they might not cope well with the Polish educational system, and that situation might prompt segregation.
There had been very many important and positive things accomplished by Poland, the rapporteur said. However, some of the Committee's previous recommendations were still pending, such as the issue of vandalism as a manifestation of racial discrimination.
Other Committee Experts also made comments and raised questions. Among other things, an Expert said that Poland had fulfilled the requirements of article 5 of the Convention. The Government's policy of preference for migration by foreigners had been focused on Europeans, followed by Asians; however, a more appropriate balance should be made in the future.
Another Expert asked for information on cases already completed or being examined by the judicial body in application of article 4 of the Convention concerning racist propaganda. Amnesty International had reported that acts of racial aggression had been committed against persons of foreign origin, adding that incidents of racial discrimination were not properly investigated. The Expert asked about the existence of political parities having racist tendencies; and about the legal measures taken by State authorities following the 11 September terrorist attacks.
Welcoming the quality of the Polish report, an Expert asked why sentiments of anti-Semitism and negative attitudes towards the Roma still remained in Polish society; and also asked why the level of education of the Roma was lower than that of the majority of the population.
Another Expert said Poland had to examine instances in which words of racial discrimination were disseminated through music to young people.
The Government was strengthening its legal system to fight racial discrimination, an Expert said. But the problem of discrimination against Jews and Roma still existed. The police had been moving slowly in dealing with cases involving racial discrimination. Minorities should be protected so that they could live normally like other citizens. There was also a problem persisting in Poland concerning asylum-seekers, this Expert said -- following the incident in Moscow involving hostage-taking by Chechens, asylum-seekers of Chechen origin had been considered as terrorists.
Another Expert said Poland had taken unprecedented measures to benefit the educational prospects of minorities. Participation in programmes intended for minorities was essential.



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