Committee on the Elimination of Racial Discrimination

Eighty-fourth session

3-21 February 2014

Item 6 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the twentieth and twenty-first periodic reports of Poland (CERD/C/POL/20-21)

Note by the Country Rapporteur

The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. This document contains a list of such themes. This is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

1.Statistics on the composition of the population

(a) Updated information on the ethnic composition of the population, including relevant socioeconomic indicators further to the 2011 national census and the post-census study on the national identity of the population (CERD/C/POL/20-21, para. 11).

2.The Convention in domestic law, institutional and policy framework for its implementation (arts. 2, 4, 6 and 7)

(a)Measures envisaged to amend the Criminal Code to expressly establish racial motivation behind a crime as an aggravating circumstance (CERD/C/POL/20-21, paras. 52-53, 97-98);

(b)Cases of direct applicability of the Convention in the legal domestic order; further efforts to widely disseminate anti-discrimination legislation and raise public awareness (CERD/C/POL/20-21, para. 93);

(c)Resource allocation to the Human Rights Defender to deal with racial discrimination, including complaints lodged against the police (CERD/C/POL/CO/19, para. 6; CERD/C/POL/20-21, paras. 27-30, 113-115);

(d)Further information on the work of “racism consultants” in the public prosecutor’s offices (CERD/C/POL/20-21, para. 33) as well as of the Council for Counteracting Racial Discrimination, Xenophobia and Related Intolerance (CERD/C/POL/CO/19, para. 13; CERD/C/POL/20-21, para. 81);

(e)Impact of training sessions organized for law enforcement officials on preventing and combating hate crimes (CERD/C/POL/CO/19, para. 6; CERD/C/POL/20-21, paras. 27-29, CERD/C/POL/CO/19/Add.1, paras. 25-49);

(f)Updated information on existing challenges and further measures taken to fight racism in sport as well as provide remedies to victims (CERD/C/POL/CO/19, para. 8; CERD/C/POL/20-21, paras. 42-51);

(g)Further efforts to deal with racist organizations and racist discourse in the media, including on the Internet (CERD/C/POL/CO/19, paras. 9 and 11; CERD/C/POL/20-21, paras. 52-54, 77-80, 97-111).

3.Application of the Convention to national and ethnic minorities (arts. 2, 4, 5 and 7)

(a)Additional efforts made or envisaged to combat negative stereotypes of national and ethnic minorities, including raising awareness among the general public on intercultural dialogue and tolerance; results achieved in implementing the National and Ethnic Minorities and Regional Language Act (CERD/C/POL/20-21, paras. 1-2, 174-183, 189);

(b)Further information on the results of the 2012 survey on national associations to be used for activities aimed at eradicating prejudice and discrimination against minorities (CERD/C/POL/20-21, para. 196);

(c)Situation of the Jewish community in Poland, their places of worship and cemeteries (CERD/C/POL/CO/19/Add.1, paras. 50-66); impact of relevant measures taken such as educational activities to counter acts of an anti-Semitic nature (CERD/C/POL/CO/19, para. 7; CERD/C/POL/20-21, paras. 36-41).

4.Situation of Roma community (arts. 2–7)

(a)Updated information on the work of the Team for Roma Affairs (CERD/C/POL/20-21, para. 1);

(b)Concrete results achieved with the Programme for the Roma Community in Poland for 2004-2013, in particular regarding their enjoyment of economic, social and cultural rights (CERD/C/POL/CO/19, para. 4; CERD/C/POL/20-21, paras. 3 and 6, CERD/C/POL/CO/19/Add.1, paras. 1-24);

(c)Further information on the education of Roma children, including additional measures taken to reduce school dropout rate (CERD/C/POL/CO/19, para. 5; CERD/C/POL/20-21, paras. 12-26);

(d)Efforts to promote the right to adequate housing and measures taken to eliminate de facto segregation of Roma in housing (CERD/C/POL/20-21, para. 3).

5.Discrimination against non-citizens including migrants, refugees and asylum seekers (arts. 5 and 6)

(a)Detailed information on detention conditions of foreigners in transit zones or deportation centres; updated information on the detention of children seeking refugee status (A/HRC/21/14 and Add.1, paras. 90.118 and 90.121);

(b)Further measures to facilitate the integration of non-citizens, including access to health-care services, education, adequate housing and the labour market (A/HRC/WG.6/13/POL/2, para. 59; A/HRC/WG.6/13/POL/3, paras. 8-9, 54-56.);

(c)Efforts made to combat discrimination and xenophobia in regions or areas hosting reception centres for asylum-seekers (A/HRC/WG.6/13/POL/2, para. 13);

(d)Additional measures to prevent and combat trafficking and provide remedies to victims, in particular foreigners (CERD/C/POL/CO/19, para. 10; CERD/C/POL/20-21, paras. 55-76).