28.11.05

Η ΟΜΟΦΥΛΟΦΟΒΙΚΗ ΠΟΛΩΝΙΚΗ ΚΥΒΕΡΝΗΣΗ

FUNDAMENTAL RIGHTS OF THE LESBIAN, GAY, BISEXUAL AND TRANSGENDER COMMUNITY UNDER ATTACK IN POLAND

SERIOUS CONCERNS AT INTENTIONS OF NEW POLISH GOVERNMENT

The outcome of the parliamentary and presidential elections in Poland in September and November has raised grave concerns in Poland's LGBT community. Leading politicians in the new governing party, Law and Justice, including the Prime Minister, have been prominent in attacking the LGBT community and banning public demonstrations.

The failure of coalition discussions with the more moderate right of centre party, Civic Platform, mean that the new government is increasingly closely associated with more extreme parties on the right, particularly the League of Polish Families. This party has been virulent in its opposition to LGBT rights, and its youth wing, All Polish Youth, has repeatedly organised violent and hate-fuelled counter-demonstrations against peaceful LGBT events.

Attached is a diary of events detailing attacks on the LGBT community in Poland by representatives of the Law and Justice and League of Polish Families in recent times.

These events raise serious concerns about the new Polish government’s willingness to fulfil its obligations under Article 6 EU, under the Charter of Fundamental Rights, and under UN and Council of Europe human rights conventions.

These concerns have been heightened by the reaction of the Polish police to an “illegal” march in Poznan last Saturday. In a marked escalation of response compared to previous “illegal” marches, the march was broken up by riot police and 65 demonstrators arrested.

Pro-equality organisations are responding by holding Equality Marches in seven cities this weekend.

We would particularly draw your attention to the following:

– On October 3 the Prime Minister, Mr Marcinkiewicz, is reported to have said: “the family is natural and the state must stand guard over the family. I do not care if someone is a homosexual or not … But if that person tries to infect others with their homosexuality, then the state must intervene in this violation of freedom”.

– The President of Poland, Mr Lech Kaczynski, has, on two occasions, when Mayor of Warsaw, banned peaceful demonstrations by LGBT people for their human rights. One justification he is reported to have given for these actions is that he is “against propagating gay orientation”.

– Mr Kaczynski has also expressed a surprising level of support for those organising violent counter-demonstrations and expressing profoundly anti-democratic views. Polish radio reported him saying that he was outraged by what he described as unequal police treatment of an LGBT parade and the counter-demonstration.

– In the spring of 2005 Law and Justice politician Kazimierz Michal Ujazdowski is reported as stating during an election meeting in Torun: “Let’s not mistake the brutal propaganda of homosexual attitudes for calls for tolerance. For them our rule will indeed mean a dark night”. Mr Ujazdowski is now the Minister of Culture.

– In November 2004 the chairperson of the City Council of Poznan, Law and Justice councillor Przemyslaw Alexndrowicz, reportedly said, in connection with the proposed LGBT demonstration: “I don’t want Poznan to see manifestations of different sexual orientations, that is homosexuality, paedophilia, necrophilia, or zoophilia”. The march was subsequently blocked when activists of the All Polish Youth began throwing stones at the marchers. Last week the Mayor of Poznan banned this year’s march.

– On occasion after occasion the youth wing of the League of Polish Families, All Polish Youth, has been clearly implicated in the organisation of violent opposition to peaceful demonstrations by the LGBT community.

– Finally, as one of its first actions, Mr Marcinkiewicz’s government has announced the abolition of the Office of the Plenipotentiary for Equal Status. The immediate abolition of such a key institution for combating discrimination underlines our concerns regarding the government’s attitudes to fundamental rights.

The overt and repeated attacks by public figures can only serve to incite hatred and violence against the LGBT community. In June Poland’s main LGBT organisations issued a joint statement expressing concern at the escalation of hatred towards homosexual people, and citing a number of incidents including the shooting of two activists outside a gay club (one of whom was a board member of Poland’s national LGBT organisation, Campaign against Homophobia).

SUGGESTED QUESTIONS FOR THE POLISH PRIME MINISTER:

In view of the suppression of the Poznan Equality March by riot police last Saturday, what steps will your government take to ensure that the 7 Equality Marches planned for this coming weekend take place, and that the police protect the marches rather than suppressing them?

You are reported to have said as recently as 3rd October: “if [a] person tries to infect others with their homosexuality, then the state must intervene in this violation of freedom”. Are you aware that homosexuality is not an illness, and that the use of such language is likely to incite hatred against homosexual people?

Do you recognise that the banning of peaceful demonstrations conflicts with Poland’s obligations as a member of the EU and as a signatory of UN and Council of Europe human rights conventions? What actions will your government take to ensure that such demonstrations are not banned in future?

Do you recognise that discrimination on the grounds of sexual orientation conflicts with Poland’s obligations as a member of the EU and as a signatory of UN and Council of Europe human rights conventions? What actions will your government take to ensure that lesbian, gay, bisexual and transgendered people can live their lives free from discrimination?

How will you prevent your government’s political dependence on the League of Polish Families from leading your own party to even more extreme homophobic actions and statements?

Do you accept that the League of Polish Families and particularly its youth wing, All Polish Youth, use extremist and violent tactics against the lesbian and gay community, and what action will your government take to prevent such tactics in future?

What were your reasons for the abolition of the Office of the Plenipotentiary for Equal Status, and how do you propose that its role in combating discrimination will be carried out in future?

22nd November 2005

Briefing prepared by ILGA-Europe, the European Region of the International Lesbian and Gay Association (ILGA), which works for lesbian, gay, bisexual and transgender human rights and equality at European level. http://www.ilga-europe.org/

London Contact: Nigel Warner - 00 44 207 278 1496
Brussels Contact Juris Lavrikovs – 00 32 2 609 54 10
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A diary of events
2003 - 2005

March 2003: a poster campaign presenting same-sex couples to the Polish public in a non-controversial way is launched under the patronage of the Government Representative for the Equal Status of Women and Men. The mayors of Warsaw (Lech Kaczynski) and Krakow (Jacek Majchrowski) refuse to allow the display of the posters in their cities.

May 2nd 2003: Warsaw’s third Equality Parade passes off without incident. The 3000 participants were demanding legal recognition for same-sex couples.

April 2004: Krakow’s “Culture for Tolerance” festival comes under attack by the media and the city authorities. Many venues which had agreed to host festival events back out because of political pressure, mainly from the League of Polish Families, and its youth group, the All Polish Youth. Signatures are collected for a petition demanding cancellation of the festival, and anti-gay fliers are distributed in the city centre. All Polish Youth makes calls for “kicking homosexuals out of Krakow”. The League of Polish Families wins the overwhelming support of the regional parliament for a statement that “events promoting homosexuality [would be] harmful to the region of Krakow and the entire Lesser Poland region”.

May 2004: Krakow’s “Culture for Tolerance” festival goes ahead. However the march at the end of the festival runs into a blockade organised by All Polish Youth. It breaks up under a hail of eggs, stones and bottles. The youths pursue the marchers to the Old Town Square, where a riot ensues. Police shoot into the air and arrest 20 of the youths. Two of the marchers are hospitalised, one with a face burned by acid thrown in a bag.

June 2004: Warsaw Mayor Lech Kaczynski bans the Equality March, citing the possibility of violence, the timing of the march (one day after the Catholic holiday Corpus Christi) and route (the same as for the biggest Corpus Christi procession). An alternative march is organised by Senator Maria Szyszkowska and passes off without incident on June 13th.

November 2004: the Equality March in Poznan is blocked when activists of the Polish Youth begin throwing stones at the marchers. The chairperson of the City Council of Poznan, Law and Justice councillor Przemyslaw Alexndrowicz, had said: “I don’t want Poznan to see manifestations of different sexual orientations, that is homosexuality, paedophilia, necrophilia, or zoophilia”.
April 2005: the Krakow Culture for Tolerance march is called off, out of respect for the feelings of those grieving for Pope John Paul

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