HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF CIVIL AND POLITICAL RIGHTS SITUATION IN POLAND

AFTERNOON

HR/CT/99/16
19 July 1999




The Human Rights Committee concluded consideration this afternoon of a fourth periodic report from Poland on efforts to abide by the terms of the International Covenant on Civil and Political Rights.

The Committee will issue final, written observations and recommendations on the report towards the end of its three-week session, which concludes 30 July.

In the course of their consideration of the report, a number of Committee members raised supplementary questions on such issues as incommunicado detention; the application of presumption of innocence of suspects; the status of the Jewish community; potentially illegal activities carried out by some religious movements; punitive measures taken against conscientious objectors; and the situation of children born out of wedlock, among other things. The delegation was asked to respond to these questions in writing before Friday, 23 July.

Poland, as one of 144 States parties to the International Covenant, is required to provide the Committee with periodic summaries of its efforts to implement the provisions of the treaty.

When the Committee reconvenes at 10 a.m. Tuesday, 20 July, it will take up a fourth periodic report of Romania (CCRP/C/95/Add.7).

Discussion

In response to a number of supplementary oral questions raised by Committee Experts during the morning meeting and this afternoon, the Polish delegation affirmed that the number of abortions reported was low because of the modern contraceptive methods practiced by Polish women. Even when abortion was legally practiced in the past, the number was minimal because of the Polish religious traditions which discouraged abortion, the delegation said.

Concerning a woman's right to keeping her family name after marriage, the delegation said that it was up to a woman to declare her intentions on the matter. New legislation provided for equal status of women and men in marriage.

Equality of men and women also was guaranteed in the labour market, including "equal pay for similar work performed", the Polish representatives said. However, work in sectors such as health and education were not highly paid for men or women. Since most employees in those sectors were women, they received lower pay compared to employees in other sectors.

Asked about the functions of the Polish Ombudsman, the delegation said that during the last ten years, that institution had received around 300,000 complaints; and in 1998 alone, 40,000 letters of complaint had been sent to it on issue varying from labour conflicts to alleged abuses of power by Government officials. The Ombudsman had already sent 130,000 replies after referring these cases to those concerned by the complaints.

Violence in schools was another issue raised by Committee members to which the Polish officials said that special measures were under study to be included in a new school curriculum which would start in September.

The delegation said a pension law which put the age limit at 60 and 65 for women and men, respectively, was not discriminatory in its application. Some women could work until the age of 65 while men working in sectors requiring special endurance could retire before the age of 65.

Turning to the question of rape, the delegation said that the seriousness of a conviction for rape was theoretically reduced in the new Penal Code, which had more liberalized punishment. However, rape was still considered to be a serious crime, and up to ten years of imprisonment could be inflicted against a person found guilty of committing rape.

The Polish delegation said that freedom to privacy and secrecy of correspondence was guaranteed by the Constitution. Nevertheless, judicial orders could be implemented for systematic monitoring of suspected individuals involved in serious crimes. According to the Law on Police, the right to freedom of correspondence of certain individuals could be curtailed through technical control for a limited period of time, for purposes of obtaining information.

On the right to freedom of religious exercise, the delegation said all churches and religions were equal before the law. The law guaranteeing the right to freedom of religion and freedom of expression allowed citizens to practice any religion.

According to the Polish officials, newspapers and magazines were subject to registration in regional courts. The court might refuse the registration should the application not meet the formal requirements or should the granting of the registration infringe on the copyright of an existing title. At present, 19,000 newspapers and magazines circulated in the country, added the delegation.

Concerning the right to equality and non-discrimination, the delegation said that the principle expressed in article 26 of the Covenant, that all persons were equal before the law and were entitled to equal protection of the law, irrespective of race, colour, sex, birth, language, religion, political and other opinion, was constantly observed in Poland. Foreigners also enjoyed the protection provided by the country's legal provisions.

The delegation said the number of national minorities had been estimated to be more than 1.9 million, mainly Germans, Ukrainians, Belorussians, Lithuanians, Slovaks and Roma. Each national minority had the right to promote its own cultural identity. In recent years, the number of periodicals and publications by different minorities had considerably increased.

Committee experts raised additional questions on such issues as incommunicado detention; the application of presumption of innocence of suspects; the status of the Jewish community; potentially illegal activities carried out by some religious movements; punitive measures against conscientious objectors; and the situation children born out of wedlock, among other things. The delegation was asked to respond to those questions in writing before Friday 23 July.