Poland communications: May 1, 2011 to February 28, 2017

This page summarizes cases raised with Poland by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Poland.

Communications and observations are divided into sections based upon which observation report they originally appeared.

Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).

Summaries and communications are published only in the language of submission (in the case of Poland, English).

First Report (May 1, 2011 to March 15, 2012)

None

Second Report (March 16, 2012 to February 28, 2013)

Other letter, 23/07/2012. Case no. POL 1/2012. State Reply: None to date. Allegation of legislative amendments that may unduly limit the right of peaceful assembly.

Observations
The Special Rapporteur regrets the Government of Poland did not reply to the communication he sent during the period under review. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.

The Special Rapporteur is concerned that some provisions of the proposed amendments made to the 1990 Law on Assemblies may operate a setback in the enjoyment of the rights to freedom of peaceful assembly and of association. The Special Rapporteur urges the authorities to ensure its legislation and its implementation pertaining to freedom of peaceful assembly and of association favour the exercise of these freedoms and comply with the best practices detailed in his reports (see notably A/HRC/20/27). He remains available to provide any technical assistance the Government might require in this regard.

The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 which “reminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights”.