Poland: Situation of gays and lesbians

Introduction

        Homosexuality and lesbianism are legal in Poland and have been since the 1930s, when homosexuality was decriminalized (Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999; The Third Pink Book 1993, 316). The age of consent has been 15 years of age since then for both homosexuals and heterosexuals (ibid.; ILGA Euroletter Aug. 1996).

A new constitution came into effect in 1997, which states that all citizens are to be treated equally (IGLHRC June 1997; Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999). Efforts to specify grounds in the anti-discrimination clause, including sexual orientation, were unsuccessful (ibid.; IGLHRC June 1997). Jedrzejczak suggested that the failure might have been in part the result of the election of a new, more conservative government during the drafting process (5 Feb. 1999). An April 1998 article in The Economist also suggested that popular tolerance for homosexuality has declined somewhat since the election (25 Apr. 1998).

In a 1997 poll on Polish sexuality that questioned 3,209 individuals, 3.8 per cent of respondents acknowledged having had homosexual sex (Warsaw Voice 15 Jan. 1998). For women, the figure was 4.3 per cent and for men it was 3.3 per cent (ibid.). Information on the situation of lesbians in Poland was scarce among the sources consulted by the Research Directorate.

Public Opinion

        Several sources indicate that the population's views on homosexuality are generally negative. In a 1994 poll, 66 per cent of those asked felt that homosexuality was "always wrong," compared to 14 per cent who felt that it was acceptable (Warsaw Voice 15 Jan. 1998). A poll taken the following year found that 74 per cent of the population felt that homosexual relations were a "social sin" (OMRI 15 Aug. 1995). A poll cited in an April 1998 Economist article stated that 64 per cent of the population believed that a homosexual should not serve as a member of parliament (25 Apr. 1998).

Slawek Starosta, editor of Nowy Men, the country's most widely-circulated gay publication, concurred that the biggest human rights concern facing gays and lesbians in Poland is not the relatively liberal law, but popular attitudes, which do not change quickly (29 Jan. 1999). Kazik Jedrzejczak, head of the Toronto-based Polish Gay and Lesbian Association, noted that homosexuality did not officially exist under communism (5 Feb. 1998). It was seen as a Western "disease" and treated as deviant behaviour (ibid.). Starosta maintained that it was only in the early 1980s that the public began to acknowledge the existence of homosexuality (29 Jan. 1999). Jedrzejczak is of the opinion that there can still be a high level of ignorance about homosexuality, even among journalists and members of parliament, who might still perceive it as a medical problem (5 Feb. 1999). He mentioned that Lambda, the only official, activist gay-rights organization in Poland, has sent information packets about homosexuality to members of parliament (ibid.; ibid. 10 Feb. 1999); no further information on this initiative was available to the Research Directorate.

Several sources noted that the Roman Catholic Church's condemnation of homosexuality has negatively influenced public perception of gays and lesbians (The Third Pink Book 1993, 316, Warsaw Voice 15 Jan. 1998, ILGA Euroletter Aug. 1996; Selerowicz 26 Jan. 1999; Jedrzejczak 5 Feb. 1999). The influence of the Catholic Church on politicians and the population at large continues to be strong; currently, for example, one cannot get a job without references from a priest (ibid.). Politicians feel obliged to publicly demonstrate their piety, making periodic visits to Catholic shrines (ibid.; Selerowicz 26 Jan. 1998).

Starosta and Jedrzejczak noted that there is undoubtedly a social stigma attached to being a member of a sexual minority in Poland and that often people do not want to be publicly identified as being gay (19 Jan. 1999; 5 Feb. 1999). However, Starosta, Jedrzejczak and a representative of Lambda believe that it is generally less difficult to "come out" in Warsaw than in other parts of the country (Jedrzejczak 5 Feb. 1999; Starosta 29 Jan. 1999; Lambda 16 Feb. 1999) and The Warsaw Voice noted in early 1998 that it was becoming more common for individuals to publicly acknowledge their homosexuality in the country's larger cities (15 Jan. 1998). Jedrzejczak pointed out that despite this, Starosta is one of the few people who will speak out openly on gay issues on television (ibid.).

The Lambda representative noted that Polish society is generally intolerant, not only of gays, but also of ethnic minorities such as Roma, Asians and blacks; this general intolerance is compounded by a general social taboo on sex, particularly among older people (16 Feb. 1999). He felt that negative attitudes towards gays will likely dissipate over the next 10-20 years (ibid.). Starosta noted that the government has not instituted tolerance campaigns for sexual minorities, although it has run such campaigns for national minorities, such as Jews and Belorussians (29 Jan. 1999).

Starosta emphasized that "coming out" is a very personal decision and highly dependent on individual circumstances (29 Jan. 1999). In the workplace, for example, the younger the co-workers, the more accepting they are likely to be (ibid.). As well, international companies often bring with them their more liberal international policies and workplace codes, while some private companies might also have similar provisions (ibid.).

The Lambda representative stated that there are many situations of domestic problems for individuals who come out, including physical assault (16 Feb. 1999). When individuals are thrown out or abused by their parents, there is little recourse available to them (ibid.). There are some homeless shelters, but they are dirty, usually full and often occupied by people with alcohol and drug problems (ibid.).

Starosta would not advise someone to come out in a small town; it could result in the loss of friends, the alienation or disassociation of one's family, or the loss of employment (29 Jan. 1999). According to Jedrzejczak, in small towns, people would not generally be accepting of gay couples as neighbours and would likely make life very difficult for them (5 Feb. 1999). He emphasized that those who are financially self-sufficient have less to lose by coming out (ibid.). However, Starosta felt that people might continue to hide their homosexuality even in big cities and even among more educated people (29 Jan. 1999). Jedrzejczak was of the opinion a lesbian would have the same, if not worse, difficulties coming out (5 Feb. 1999).

Starosta emphasized that there are no legal penalties for being gay in Poland (29 Jan. 1999). He knows that some gay men have come to Poland from other countries where there are such penalties (ibid.) Starosta believes that things are getting better and the country is becoming more "civilized" (29 Jan. 1999). The Lambda representative felt that the biggest problem facing gays and lesbians is the lack of legal and tax status for same-sex couples (16 Feb. 1999).

Gays and the Media

        Following the change in government in 1989, there was a burst of media interest in homosexuality and numerous articles were written on the subject (Jedrzejczak 5 Feb. 1999; also The Third Pink Book 1993, 316). At first, they were usually negative, including, for example, complaints about "cruising" (Jedrzejczak 5 Feb. 1999). More recently, however, media portrayals are becoming more positive, although there are certain specific exceptions, such as Radio Maryja, an influential religious radio station that broadcasts inflammatory and biased programming (ibid.; Selerowicz 26 Jan. 1999; AP 17 Dec. 1997). It is run by monks, not by the Catholic Church per se, according to Jedrzejczak (5 Feb. 1999). The Catholic Church has neither clearly disassociated itself from nor openly supported the radio station (AP 17 Dec. 1997). The station is very popular and fundraises quite successfully for its programming (Jedrzejczak 5 Feb. 1999; also AP 17 Dec. 1997).

In spring 1997, Jaroslaw Ender, publisher of Pink Press, and Slawek Starosta were charged under Article 173 of the Penal Code covering pornography (Gay Today 28 Apr. 1997). The article did not define the term "pornography" (ibid.). Investigations at approximately the same time were also underway into another gay and lesbian magazine, Filo (ILGA Euroletter July 1997). In May 1997, Parliament passed a new penal code that defined pornography as sexual acts that are violent or involve children and animals (ibid.). The charges against Starosta went to court in April 1997 and he has not heard about the case since and does not know its status (29 Jan. 1999).

Some people are trying to ban material they see as pornographic, which can lead to what Starosta termed minor problems (ibid.). For example, the cover of Nowy Men must be either plain white or completely covered regardless of what is depicted (ibid.). Occasionally, Catholics and others will picket magazine shops selling gay magazines or other erotica (Jedrzejczak 5 Feb. 1999). According to Jedrzejczak, Starosta still changes his place of publication periodically because people find it and impede the business (ibid.).

Starosta and Jedrzejczak mentioned that there are four national gay publications in Poland (29 Jan. 1999; 5 Feb. 1999), down from nine at the beginning of the 1990s (ibid.). In addition to Nowy Men, based in Warsaw, there are also the Gdansk-based Filo, and the Poznan-based Inaczej and Ardo (ibid.). Selerowicz also mentioned a new publication, Adam (26 Jan. 1999). In Poznan, Inaczej is published from a mall-based site. (Jedrzejczak 5 Feb. 1999).

There are no national periodicals specifically for lesbians, although there is a lesbian archive in Warsaw (Selerowicz 26 Jan. 1999). A 1996 ILGA report indicates that an archive was planned for Lodz, stating that it was expected to provide a place for lesbians to meet and to address the "invisibility" of lesbian groups in Poland (ILGA News Report 20 Aug. 1996); no further information on a Lodz archive could be found in the sources consulted by the Research Directorate.

Activities

        The gay "scene" in Warsaw is relatively small, and is not always obvious (Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999). The Fantom bar, for example, which is owned by Starosta, is located in a basement in an unmarked location and is very difficult to find (ibid.).

A "Mr. Gay Poland" contest was held in March 1998 at the Tango Club, despite being temporarily halted by a bomb threat (DataLounge 31 Mar. 1998; Gay Today 31 Mar. 1998). According to one report, the event was widely covered in the media and was attended by several members of parliament (ibid.). At the event, individuals, including a member of parliament working to promote gay rights were given awards (DataLounge 31 Mar. 1998). Activities and events are occasionally held in non-gay specific venues as well, such as gay films, theatre and exhibits (Starosta 29 Jan. 1999).

In July 1998, the Warsaw city government refused to grant permission to hold a gay pride parade (Wockner 20 July 1998; AP 11 July 1998). In response, protestors, cited as numbering between 3 and 40, demonstrated at the city's Castle Square on the scheduled date of the parade (ibid.; Wockner 20 July 1998). One source noted that the occasion was marked by skinheads yelling anti-gay epithets (ibid.). Other activities to mark gay pride day included parties in gay bars and the opening of the city's first gay centre (see below), as well as the screening of gay films, a cabaret and a photography exhibition (ibid.; AP 11 July 1998). According to one source, one of the event's organizers, Krzysztof Garwatowski, stated that a highly visible event like a parade could have led to "unpleasant incidents" (AP 7 July 1998).

Forms of Harassment

        Sources were not in a position to provide figures on harassment or arbitrary dismissal of gays (Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999). One report noted that the eventual winner of the Mr. Gay Poland contest had been threatened with dismissal from his retail job if he took part in the contest (Gay Today 31 Mar. 1998). Starosta stated that because few harassed gays would likely complain, any figures would likely be artificially low (29 Jan. 1999). Both he and the Lambda representative also noted that employers generally provide alternate reasons for firing gay employees (29 Jan. 1999; 16 Feb. 1999).

In late 1998, Nowy Men published an editorial asking individuals who have been assaulted or faced discrimination at work to write in and the publishing organization would provide legal assistance to lodge a complaint; but as of the end of  January 1999, no one had responded and the editor was not certain as to why (Starosta 29 Jan. 1999; also  Jedrzejczak 5 Feb. 1999). Jedrzejczak also mentioned that Starosta has appealed unsuccessfully to people to come forward to help police when they have been the victims of crimes (5 Feb. 1999). He suggested that people would have to expose themselves as being gay or lesbian to report incidents, and they are afraid of the subsequent ostracism and possible loss of employment (ibid.).

According to the Lambda representative, if a gay or lesbian were publicly identified as such, by entering a gay club or purchasing a gay publication for example, they could be subject to verbal abuse (16 Feb. 1999); this would be of particular concern outside the capital (ibid.). He was not aware of reports of physical assaults in such circumstances (ibid.).

The Lambda representative stated that there had been serious problems for gays in the army, generally involving physical assaults by older men on younger men or new soldiers. He stated that this was worse before 1989; while these sorts of assaults still occur, they are less frequent (ibid.). Other places of particular concern include prisons, where the rate of sexual assault on gays and lesbians is high (ibid.).

According to Andrzej Selerowicz, individuals might have difficulties with organized crime, not based on their sexual orientation, but as businessmen open to coerced "protection" (26 Jan. 1999; also Starosta 19 Jan. 1999). As an example, he mentioned that several years ago, owners of a gay bar in Poznan refused to pay money to organized criminals and were consequently beaten on several occasions (26 Feb. 1999). They subsequently closed the bar (ibid.).

Relations with Police

        According to the Lambda representative, in communist Poland, police stations kept lists of homosexuals, but he believed that these lists were destroyed after the 1989 change in government (16 Feb. 1999).

Jedrzejczak felt that the police are unable to prevent violence associated with organized crime (5 Feb. 1999). Two years ago, all of the restaurants in Warsaw closed down for three days to protest against police ineffectiveness in this area (ibid.). Starosta stated that there is a relatively high crime rate in the country and unless the offence is a major one, there is a limited amount that the police are able to do (29 Jan. 1999).

In police stations in larger cities, according to Selerowicz, gays who make complaints would probably be treated with understanding and tact (26 Jan. 1999). However, police in smaller communities would not be as tolerant (ibid.). Starosta felt that police in larger cities would have to react in some way to cases of assault brought by a gay victim (29 Jan. 1999). However, they might not want to get involved, for example, in cases where individuals have been "hustled" and robbed in their homes (ibid.). Even when the police have been given the pertinent names of alleged perpetrators and dates of such incidents, they have generally not done more than put the alleged offenders in jail for one or two days (ibid.).

Several of the sources contacted indicated that cooperation between the gay community and the police is difficult and that the police have often asked for assistance from the gay community, but to no avail (Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999; Selerowicz 26 Jan. 1999). According to Jedrzejczak, there is occasional contact between the police and the gay community regarding some incidents, but people do not generally want to come forward (5 Feb. 1999). Starosta stated that some cooperation has been evident lately and that he did not feel that the police were particularly opposed to the gay community (29 Jan. 1999). He mentioned in particular some cooperation during investigations of the murders of gay men-there are approximately five murders a year of gay men in Warsaw (ibid.). The police have released information advising people how to make themselves safer, such as not going home with strangers and not carrying a lot of money. Starosta also mentioned that there are plans for a representative of the gay community to talk with police about cooperating with gays in cities and towns outside Warsaw (ibid.). The Lambda representative acknowledged that while police are not generally accepting of or open to gays, they will provide assistance, for example, advising people that certain areas are not safe (16 Feb. 1999).

With regard to harassment of the gay community by the police, Jedrzejczak suggested that there are perhaps individual cases, but that it is not a wide-spread phenomenon (5 Feb. 1999). Selerowicz and the Lambda representative also stated that this is not a known concern (26 Jan. 1999; 16 Feb. 1999). According to Starosta, in two areas that are known as gay "cruising" areas-the train stations in Warsaw and Katovitsa-there have been reports of police assaulting men (Starosta 29 Jan. 1999). However, he emphasized that these are "rough areas" and that during a recent demonstration of homeless people, some of them also accused the police of attacking them (ibid.). The Lambda representative felt that since the police began patrolling the capital's two "cruising" areas in 1996, the areas have in fact become safer and the numbers of beatings and murders there have decreased (16 Feb. 1999).

Organizations

        There have been informal gay organizations in Poland since the mid 1980s (ILGA Euroletter Aug. 1996). All groups that wish to be formally recognized in Poland must have a written constitution, a minimum of 15 members and register with a judge (Jedrzejczak 5 Feb. 1999). In mid-1996, an Austrian gay activist described the Polish gay movement as having reached the "European average or standard, maybe a little bit below" (ILGA Euroletter Aug. 1996).

At this time, the gay movement in Poland is weak and in disarray (Starosta 29 Jan. 1999; Jedrzejczak 5 Feb. 1999). Lambda Warsaw is the only prominent, active organization in the country (Selerowicz 26 Jan. 1999; Lambda 16 Feb. 1999). There are also a few smaller groups that try to cover a wide variety of activities, such as holding social and religious meetings, staffing help lines, providing safe sex advice and other types of assistance (ibid.; Starosta 29 Jan. 1999). A list of commercial establishments and community organizations that cater to gays is published in Nowy Men along with their contact details (Dec. 1998, 104-113). Kazik Jedrzejczak noted several that were actively involved in several cities, including Gdansk, Lublin, Olsztyn, Poznan, Szczecin, Warsaw and Wroclaw (5 Feb. 1999). The activities of some of these might be more limited, because they are not formally registered (ibid.). Others are primarily commercial, but do some activist work, and in some cases, individuals do not want a high profile for their activities (ibid.).

According to Jedrzejczak, due to the gay community's lack of  organization, cooperation with the government is poor, and members of parliament complain that there is no way to liaise with the community (5 Feb. 1999). He noted that none of the groups has tried to form an alliance with a leftist party, for example (ibid.).

In mid-1998, a help line was set up in Warsaw's new Rainbow Centre for people having personal or legal problems related to their sexuality (Lambda 16 Feb. 1999). The centre also has an emergency shelter for people with no place to sleep (ibid.). After 48 hours, however, they must leave for a homeless shelter (ibid.). The Rainbow Centre is the only organization of its kind in Poland (ibid.). The centre also tries to provide mediation between lesbians or gays and their families if necessary, but the assistance is limited because the staff are volunteers, not specialists (ibid.).

Since the centre was established, the help line has answered roughly 650 calls, about 500 from men and 150 from women (Lambda 16 Feb. 1999).The 650 calls were mostly from within Warsaw and most callers were between 20 and 35 years of age. In descending order, the subject of the calls were: problems with individuals accepting their sexuality; problems with friends and families related to "coming out"; problems with finding a boyfriend/girlfriend; HIV/AIDS related matters; general information calls; and  information calls from foreigners. They also received 60 "joke" calls (ibid.). In addition, about 400 people have taken part in self-help groups at the Rainbow Centre.

Another volunteer-run help line was scheduled to be established in Szczecin in March 1999 (Lambda 16 Feb. 1999). There is also currently an information line in Ulsten, a city of 200,000 in northern Poland, that is open one hour per week (ibid.).

A help line, known as the "Blue Line" was established in Warsaw two years ago for victims of assault, although it is generally used by female victims of domestic violence (Lambda 16 Feb. 1999). It is run by an NGO, staffed by volunteers and open seven days a week (ibid.).

Other Recourse

        In the event of a possible incident of labour discrimination, a complainant can turn to a central government agency, called the Government Inspection of Labour, which is responsible for labour issues (Starosta 29 Jan. 1999). The agency is actually very likely to find in favour of the employee in disputes brought before it; Starosta suggested that up to 95 per cent of the time, it has ruled in favour of the employee (ibid.). However, people are generally not aware of this agency and would not even consider using it (ibid.). Starosta has never heard of a gay person approaching this organization with a labour discrimination complaint (ibid.).

Similarly, Jedrzejczak is unaware of anyone ever challenging a case of labour discrimination related to sexual orientation in Poland (5 Feb. 1999). Even if gays knew about any available avenues, they would have to declare their sexual orientation to use them; Jedrzejczak has not heard of a case being brought forward regarding sexual orientation under the anti-discrimination clause in the constitution (ibid.).

AIDS and Health-related Issues

        According to the Polish Press Agency (PAP), between 1985 and December 1998, there were 5,447 recorded HIV-infected individuals in the country, 707 recorded AIDS cases and 401 AIDS-related deaths (1 Dec. 1998). The article estimated that there are in fact between 12,000 and 20,000 HIV-infected individuals in the country (ibid.).

According to a UNAIDS-WHO report, gay men made up seven per cent of HIV infections to the end of 1996 (June 1998). In 1997, of a total of 108 new cases of AIDS overall, 19 were homosexual or bisexual men (CESES 30 June 1998). The UNAIDS-WHO report also noted that according to a survey of gay men, very few had been tested for HIV, in part due to a reluctance to identify themselves as homosexual or bisexual (June 1998).

Poland hosted an international symposium on AIDS on 1 December 1998, World AIDS day (PAP 1 Dec. 1998). In August 1999, Poland will host the 9th Annual Conference for People Living with HIV/AIDS (Wockner 11 Jan. 1999).

According to the Lambda representative, there are many programmes being offered through the National Coordinating Office for AIDS (NCOA), a government office, as well as the Levi Strauss Foundation, UNDP and the Health Ministry (16 Feb. 1999). NGOs working in the HIV/AIDS area are supported as well through the NCOA (ibid.). HIV tests are anonymous and free and, as of 1 January 1999, diagnosis and medicines for HIV and related illnesses are also free (ibid.). The Lambda representative felt that this was a substantial improvement over the situation two or three years ago, when it was alleged that doctors would sometimes refuse to provide treatment for HIV and AIDS patients. Workshops about dealing with HIV/AIDS patients have been provided to medical personnel and in the larger cities there are special places where HIV+ people can be helped by specialists (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Notes on Selected Sources

        Gay Today is an internet newsmagazine, established in 1997, that covers gay and lesbian news and events.

Kazik Jedrzejczak is the Chair of the Polish Gay and Lesbian Association based in Toronto (PGLA). The PGLA was established in 1992 and has approximately 210 members. The aims of PGLA are: mutual support for Polish gays and lesbians in Canada; promotion of tolerance for and understanding of homosexuality; advocating human rights for gays and lesbians in Poland as well as in Canada; and conducting charitable activities on behalf of Polish and Canadian gay organizations. Jedrzejczak visits Poland every two years.

Lambda Warsaw is Poland's only officially registered gay activist organization. It was established in 1990.

Andrzej Selerowicz, currently living in Vienna, is a Polish gay activist who was involved in the nascent Polish gay movement in the 1980s. He has written articles on homosexuality, translated material on gay subjects and is the author of the first gay lexicon in Polish.

Slawek Starosta is the editor of Nowy Men, the country's highest circulation gay magazine and a founding member of  the country's Lambda organization. .

References

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_____. 19 January 1999. Correspondence sent to the Research Directorate.

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