POLAND - INPUT FOR OSCE HUMAN DIMENSION MEETING

UNCLAS WARSAW 000660 SENSITIVE SIPDIS EUR/RPM - JESSICA FISHER E.O. 12958: N/A TAGS: OSCE PHUM PREL PGOV PL SUBJECT: POLAND - INPUT FOR OSCE HUMAN DIMENSION MEETING REF: A. STATE 59944 ¶B. WARSAW 113 ¶C. WARSAW 648 ¶D. WARSAW 257 ¶E. WARSAW 383 ¶F. KRAKOW 525 ¶1. (U) Embassy Warsaw looks forward to once again hosting the delegates from Washington and the US Mission to the OSCE for the Human Dimension Implementation Meeting (HDIM). Embassy Warsaw is providing the following input in response to Ref A request for information about host country progress and areas of particular concern in advance of the OSCE annual HDIM. ¶2. (SBU) Poland has a strong record of promoting democracy and taking principled stands on human rights issues in international fora. Coupled with this is a commitment to promoting security as well, an essential element of any healthy democracy, as seen in Poland's active engagement in NATO's ISAF mission in Afghanistan. We thank Poland also for hosting the annual HDIM and the OSCE Office of Democratic Institutions and Human Rights (ODIHR) headquarters in Warsaw. Freedom of Press -------------- ¶3. (SBU) We applaud Poland's Constitutional Court decision to strike down a penal code provision criminalizing criticism of the "Polish nation." On September 18, the Constitutional Court annulled an article in the criminal code that provides for a prison sentence of up to three years for anyone who publicly defames the "Polish nation." Although independent media are active and regularly express a variety of views without restriction, further steps should be taken to protect free speech without reservation. Under Polish law, defamation is a crime punishable by up to two years' imprisonment. This includes insulting, defaming or libeling the president, members of parliament, government ministers and other public officials. Although the defamation law is rarely applied and journalists found guilty of defamation are generally only fined, the provision for criminal penalties has the potential for abuse. Trafficking in Persons -------------- ¶4. (SBU) Poland remains a source country for men and women trafficked primarily to Western Europe for the purpose of forced labor and sexual exploitation; with Poland's entry into the EU and its economic ascendance, Poland has also increasingly become a destination country for women trafficked from Eastern Europe, Africa and Asia primarily. The Government has made important strides in combating trafficking and providing victim assistance through its national action plan. Nevertheless, at the beginning of the year, the country's only specialized shelter for trafficking victims was almost forced to close because of a financial short-fall. Despite the economic crisis, the Government rose to the challenge. In addition to providing full funds for the shelter, the Government also expanded its victim assistance program (ref B). We encourage the Government to increase training for judges and prosecutors in order to improve prosecution efforts and strengthen sentences of traffickers. Judicial System -------------- ¶5. (SBU) We remain concerned about the number of pre-trial detentions, lengthy trials, and prison overcrowding. Poland took first place among countries that lose cases before the European Court of Human Rights in Strasbourg under the European Convention of Human Rights, Article 6 (right to timely trial). The other most commonly filed cases against Poland are for alleged violations of Article 5 (pre-trial detention) and Articles 8 and 3 (both related to prison overcrowding). Although Poland has put administrative mechanisms in place to respond to such complaints and provide compensation, reforms are necessary to improve the efficiency and timeliness of the judicial system and thus increase public confidence. Private Property Restitution -------------- ¶6. (SBU) We also urge the Government to enact and implement legislation to provide administrative mechanisms for claimants to receive partial compensation for WWII and communist-era private property confiscations. The legislation has been stalled in an inter-ministerial clearance process since September 2008, now primarily for financial reasons (ref C). It is high time for the GOP to follow through on its previous commitments. National Minorities -------------- ¶7. (SBU) The Polish Government, President, and NGOs have actively promoted Polish-Jewish dialogue and understanding. We note, especially, the Government's cooperation with ODIHR in the preparation of new educational material to combat anti-Semitism, and encourage the Government to ensure its incorporation into the national curriculum (ref D). ¶8. (SBU) Although the Roma in Poland generally do not face the same level of discrimination as in other parts of Europe, the Government can do more outreach to the Roma, and work toward greater inclusion. Fighting within the Roma communities isn't helping, but the Government can do more to reconcile those differences in order to provide more effective assistance for Roma economic and social integration (refs D and E). ASHE