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Cable reference id: #09WARSAW805

“All of them, those in power, and those who want the power, would pamper us, if we agreed to overlook their crookedness by wilfully restricting our activities.” — “Refus Global“, Paul-Émile Borduas

Hide header UNCLAS SECTION 01 OF 03 WARSAW 000805 SIPDIS SENSITIVE STATE FOR DRL, EUR E.O. 12958: N/A TAGS: PHUM [Human Rights], PGOV [Internal Governmental Affairs], PL [Poland] SUBJECT: GAY RIGHTS IN POLAND: LONG ROAD AHEAD REF: A. 07 KRAKOW 93 B. WARSAW 626 SENSITIVE BUT UNCLASSIFIED -- NOT FOR INTERNET DISTRIBUTION ¶1. (SBU) SUMMARY. The greater part of Polish society remains negatively disposed toward homosexuality. Mainstream and extremist media, the educational system, and the Catholic Church all contribute in some form to homophobia in Polish society. Gays and lesbians face discrimination in the educational system, in the workplace, when renting or buying property, and in access to health services. Some have been subject to or threatened with physical violence on the basis of their sexual orientation. Many feel that the GOP has not taken concrete action to protect gay and lesbian rights. Indeed, some accuse the Government, police, and judiciary of indifference when it comes to claims of discrimination. Although closer ties to Western Europe have caused a slow decline in homophobia in larger cities and among youth, many gay and lesbian Poles continue to conceal their sexual orientation. END SUMMARY. The Political Aspect -------------------- ¶2. (SBU) While Poland's constitution guarantees "equal rights for all," gays and lesbians in Poland have in practice experienced difficulty asserting these rights. Widespread homophobia contributes to discrimination in the workplace, schools and universities, hospitals and clinics, and the real estate market. The judiciary has until recently resisted recognizing discrimination claims filed under the 2003 EU Labor Code, which forbids discrimination on the basis of sexual orientation. ¶3. (SBU) Poland's governing center-right Civic Platform (PO) has demonstrated little interest in pursuing gay rights initiatives. In January 2008 a spokesman for Prime Minister Tusk (PO) affirmed that the current parliament has no plans to undertake gay rights initiatives. Poland's second-largest party, the opposition center-right, values-based Law and Justice (PiS), has actively opposed Equality Marches in Warsaw and Poznan and has historically supported measures to ban pro-gay events and demonstrations. Most recently, a group of PiS politicians announced plans to submit legislation modeled on a Lithuanian law to protect children from "homosexual propaganda" in schools and in the media. The Lithuanian law punishes positive depictions of homosexual relations with up to three years in prison. ¶4. (SBU) Even among left-leaning parties, support for gay rights is minimal. A survey of Democratic Left Alliance (SLD) members revealed that almost one-third consider homosexuality contrary to human nature. Although the party stripped language calling for equal rights for gays and lesbians from its campaign platform in 2007, it has more recently called for the appointment of an independent national ombudsman for equality, including on the basis of sexual orientation. Political parties' disinterest in the issue is based in large part on the lack of public support for gay rights. According to a 2006 EU survey only 17 percent of Poles favor gay marriage. A mere seven percent support adoption of children by same-sex couples. Among EU member states, Poland ranks close to the bottom in terms of support for gay rights. ¶5. (SBU) Not surprisingly, prospects for legalization of same-sex marriage are remote at best. Article 18 of Poland's constitution defines marriage as a union between a man and a woman. Despite EU pressure, successive Polish governments have also refused to recognize same-sex unions performed legally in other EU member states. A 2003 proposal to legalize same-sex unions did not make it out of parliament. Sources of Anti-Gay Views ------------------------- ¶6. (SBU) The issue of gay rights has recently attracted significant media attention. The wide-circulation Polish daily Gazeta Wyborcza (center-left) devotes considerable space to the issue and publishes a wide variety of opinions on the matter. Other media outlets are not as open. Rzeczpospolita (a leading center-right daily) has been criticized by monitoring groups for taking homophobic positions. The most homophobic is arguably the radical newspaper Nasz Dziennik, whose stated goal is the propagation of Christian values and Polish culture. Nasz Dziennik presents homosexuality as a deviant psychological condition (implicitly or explicitly linked with bestiality or child molestation) and frequently attacks supporters of homosexual rights. (NB: Nasz Dziennik's circulation is a fraction of that of Gazeta Wyborcza or Rzeczpospolita. The paper is generally disregarded by mainstream Polish society.) ¶7. (SBU) Health textbooks used in Polish schools have also been criticized for espousing anti-gay views. In general all textbooks follow the Polish constitution in privileging the status of the heterosexual family. Some textbooks present homosexuality either as WARSAW 00000805 002 OF 003 a psychological disorder or as a result of psychosexual immaturity. These representations of homosexuals contribute to a general opinion of homosexuals as abnormal. ¶8. (SBU) The Catholic Church plays a significant role in the formation and propagation of anti-gay attitudes in Polish society, especially in rural areas. In a society that is 94 percent Catholic, the Church is widely recognized as a political and moral force. While the Polish Episcopate has condemned violence and discrimination against gays and lesbians, this message is often ignored - and sometimes contradicted - by parish priests in small towns and villages, some of whom present homosexuality as a deviant condition. Moreover, the Church continues to label homosexual acts as sins and calls on homosexuals to practice abstinence. Most Polish opponents of gay rights cite "Catholic values" and "natural law" to support their views. In November 2008, for example, users of the internet forum "Fronda" launched a boycott campaign against IKEA in response to its gay-friendly advertising. The campaign was named "I'm a Catholic and I don't shop in IKEA." Discrimination against Homosexuals ---------------------------------- ¶9. (SBU) Although Poland amended its labor code in 2003 to prohibit discrimination on the basis of sexual orientation, Polish courts have only recently begun to hear cases of discrimination on that legal basis. In August 2009 a Polish court in Szczecin decided the first such case, siding with a gay man against a female neighbor who referred to him as a "pansy" and outed him publicly, thereby exposing him to physical violence and intimidation. Gay rights groups, including the Campaign against Homophobia (KPH), proclaimed the verdict as a major victory. The independent Ombudsman for Civil Rights, Janusz Kochanowski, expressed concern about the ruling's implications for freedom of speech. As with incidents of violence, many gays and lesbians fail to report discrimination either because they have no expectation that authorities will take appropriate action or out of fear of disclosing their sexual orientation. (Note: As reported in ref B, women's organizations have similarly accused Polish authorities of a lack of commitment to combating gender-based discrimination.) ¶10. (SBU) Discrimination against gays and lesbians is reportedly commonplace in schools, the workplace, hospitals and clinics, and the real estate market. A 2008 EU report noted that 80 percent of gay and lesbian students encountered either physical or psychological aggression in school. Homosexuals are generally prevented from giving blood due to the perceived prevalence of HIV in the gay community. In addition, gay and lesbians are not accorded full rights to visit hospitalized partners or to receive medical information about their partners. ¶11. (SBU) Because same-sex unions are not legally recognized, gay and lesbian couples are not allowed access to some of the benefits that Polish married couples enjoy. Among these are the right to inherit, the right to benefit from a partner's insurance, the possibility of adopting children, the privilege of collecting a partner's mail, and the right to refuse to testify against a partner in court. (Note: Most of these benefits are not extended to unmarried opposite-sex couples, either.) Government Indifference ----------------------- ¶12. (SBU) A small number of skinhead groups and other marginal societal organizations, such as the Internet site Red Watch and the All-Polish Youth, use the Internet to disseminate anti-gay messages, including threats of violence against gays and lesbians. According to KPH, 17 percent of homosexuals have experienced physical violence on the basis of their sexual orientation. Other gay rights activists, however, have suggested that number may be inflated (ref A) and that Poland's integration into the EU has led to a decline in homophobia, primarily among youth and in larger cities. Participants in equality parades and other pro-gay events encounter physical intimidation, as well. For instance, in November 2008 participants in an equality march in Poznan were physically attacked by gay rights opponents. Gay rights organizations including KPH have accused the police of failing to protect homosexuals. According to a 2007 KPH report, 85 percent of violence against homosexuals goes unreported, largely because victims feel the police are either ineffective or share the homophobic attitudes of Polish society. Mission Advocacy ---------------- ¶13. (SBU) U.S. Mission Poland continues to use its speakers programs and other programming opportunities to combat xenophobia writ large and to promote tolerance. We cooperate closely with Polish NGOs, including KPH, that work toward similar ends. Embassy Warsaw has sponsored screenings and follow-on discussions of "Milk" WARSAW 00000805 003 OF 003 - about the life of American gay rights activist Harvey Milk - and "Before Stonewall" - about the lesbian, gay, bisexual, and transgender community prior to the 1969 Stonewall riots. Both events were standing-room only. Mission Poland has also engaged the Polish MFA on the issue of diplomatic visas and work permits for same-sex partners, or "Members of Household," of Mission personnel. To date, the MFA has been reluctant to accommodate these requests. With the advent of the Department's same-sex domestic partners policies, the Mission will be inquiring about a diplomatic visa for a same-sex domestic partner on newly amended travel orders. Comment ------- ¶14. (SBU) Polish society and the Polish Government have a long way to go toward ending discrimination on the basis of sexual orientation. While full equal rights for Poland's homosexual minority may be decades away, the situation is gradually improving. The 2003 EU Labor Code provides a legal basis for discrimination claims to be filed and courts are slowly beginning to respond. The European Commission is actively monitoring the situation of gays and lesbians in Poland. As Poles' social and economic ties to Western Europe deepen, we expect homophobia will continue to decline, as well. ASHE