Preamble

In the 1990s, the United States invested substantial resources and expertise into Poland in support of the creation of a democratic order after four decades of communist rule.  The endeavor was funded through institutions both public (US Department of State, USAID, National Endowment of Democracy, National Democratic Institute, Republican National Institute, and others) and private (Ford Foundation, Mott Foundation, Rockefeller Brothers Fund, Open Society Fund, German Marshall Fund, and others).  These efforts catalyzed the establishment of Poland’s many democratic institutions and organizations.  It is in no small part due to American involvement that Poland began its dynamic development as a democratic country.

Poland’s accession to the European Union in 2004 came with a hope that the EU would assume the consolidating role in the democratization process, namely through the EU’s institutional safeguards for the rule of law and civil and human rights. Although the EU has been effective at economic integration, its success in promoting social and civic awareness is much more limited.  The withdrawal of almost all American funds to support civic development in Poland (with some exceptions, e.g., the Polish American Freedom Fund) has been accompanied by significant strains in the development of civil society.

Position Paper

The US/Poland Democracy Council is intended to be organized to promote financial and other support from the US government and other US sources for Polish non-governmental organizations (NGOs) that seek to improve democracy, rule of law, judicial independence, freedom of the press, and civil and human rights.

NGOs and civic movements in Poland need strengthening to enhance their impact on increasing the robustness and sustainability of civil society.  Although much has been achieved, in present-day Poland support remains insufficient for the concepts of an independent judiciary, for ombudspersons for human rights, for non-governmental organizations promoting tolerance, for a free and robust media, for the right to privacy, and, essentially, for the rule of law.  Without a firm understanding of such ideas, there is a fear that there could be a destruction of this still-fledgling democracy.

This necessitates creating friendly conditions for NGOs to operate and raise the standard of services they offer, including management expertise, communication, fund-raising, transparency, and accountability.  An NGO’s capacity to organize, monitor, and evaluate the development of civil society must be the focus.  They should be able to establish partnerships with other organizations and communities.  Monitoring is required of central, regional, and local laws that might affect how social organizations and civic movements operate.  NGOs should be sufficiently equipped to conduct advocacy for the rights and interests of all persons, to improve public awareness of the role and importance of the civic sector, as well as the need to become involved in its support.  Their ability to conduct research, analysis, and provide expert opinions is necessary for proper planning and implementation of the activities described above.

Independent NGOs that specialize in these areas have been active in Poland, but they need additional support.  They are struggling to stay afloat due to insufficient and constantly diminishing funds.

The US/Poland Democracy Council aims to help deliver the necessary support. For this purpose, any assistance from the United States, whether from government or non-government sources, will have to be channeled to recipients who are sufficiently vetted through routine methods usually implemented by the American institutions specialized in supporting programs outside the US. The Council’s proposed areas of focus are outlined in detail below.  

Please note that the specific organizations listed below are provided as examples only. The Council does not have access to the infrastructure necessary to vet any individual NGO and, as such, it cannot actively endorse any NGO, listed below or otherwise.

1. Rule of law

The key contribution of the initial 1990’s reformers in Poland was in establishing rule of law after a lack thereof for more than forty years under communist and Soviet domination.  The soviet-like justice system of the Polish People’s Republic merely paid lip service to the rule of law, referring to it as a “socialist rule of law”, and therefore had to be reworked from scratch.  An enormous effort was expended to achieve this end, including drafting and adopting a new constitution and reforming the judicial system in conformity to the Polish aspiration to join NATO and the European Union.  There was no general purge of the judges or lawyers who were previously active in the socialist state.  Instead, the reformers concentrated on creating proper legal institutions to deal with the rule of law.  Through time, the post-communist judiciary and lawyers have been, for the most part, replaced by jurists educated (and in many cases born) under the new, reformed law in Poland.  Today, appropriate rule of law reform should: (a) concentrate on reinforcing the remaining instruments of rule of law, (b) work towards the reinforcement of democratic institutions, and (c) propose reforms of the justice system that draw from the lessons and successes of the first reform experience in the nineties.

A number of NGOs in Poland are presently taking action towards these goals.  Their efforts would benefit greatly from US financial backing.

Examples of NGOs engaging in the protection of rule of law include: Fundacja FOR, Komitet Obrony Sprawiedliwosci, Komitet Obrony Demokracji, Akcja Demokracja i Amnesty International Polska.

2. Independent free press and fact-checking media

The private ownership of the few remaining independent publication houses must be retained, protecting the autonomy of their vigilant reporting.  The recent acquisition of Polska Press by the state-owned oil company PKN Orlen is an example of government concentrated ownership of the press.  The few remaining independent national and local press titles are in dire need of financial support.

The internet provides a platform for a few fact-checking media sites, with their activities published through social networks and independent portals.  Financial support for these media platforms is insufficient, especially if they are expected to play an increasingly effective role in delivering facts.

NGOs should be able to work to ensure pluralism in the media environment in Poland and prevent media capture by one political party. NGOs can also support high-quality journalism, independent of political influences. Possible activities include:

•    Monitoring the state of public media and informing public opinion about any irregularities.

•    Monitoring advertising expenditures of state-owned companies and relations of state-owned companies, dependent on government officials, with media outlets.

•    Developing and promoting fact-checking tools that can be used to respond to fake news and propaganda materials when they appear in the media.

•    Offering grants for investigative journalism to inform about corruption and other detrimental activities in the public sector.

•    Informing foreign public opinion and international organizations about the state of the media in Poland through English language tools.

•    Participating in legislative process related to new regulations or taxes that may weaken private media in Poland and informing public opinion about potential threats related to upcoming regulatory changes.

Examples of NGOs engaged in protecting local and national free press include:  Stowarzyszenie Prasy Lokalnej, Stowarzyszenie Towarzystwo Dziennikarskie, OKO Press, Stowarzyszenie Demagog

3.    Judicial independence

The present tendency in Poland with respect to the continuation of judicial reform is to limit such changes to the replacement of judges rather than to implement a real reform of the judicial system.  An independent judiciary is crucial to the protection of the Constitution, civil and human rights, and preventing widespread corruption in the country.  In the same regard, independent law enforcement must be protected. A clear separation of law enforcement and judiciary from the executive branch must be promoted.

Examples of NGOs working for judicial independence include: Wolne Sady, Stowarzyszenie Iustitia, Archiwum Osiatynskiego, Rule of Law in Poland, Stowarzyszenie Sedziów Themis, Stowarzyszenie Prokuratorow Lex Super Omnia

4.    Local community formation

There is a need to finance NGOs’ activities aimed at encouraging civic participation in public life and social activities, and increasing the role of citizens in decision-making and public policy-making processes at local, regional, national and/or European level.  NGOs should be able to work on raising the standard of public debate, including work for the community or environmental protection.  They must have the resources necessary to form critical approaches to media use and conduct activities supporting citizens involved in their neighborhoods.  It is important that NGOs undertake initiatives expressly addressed to the youth, including their involvement in actions and campaigns encouraging participation in public affairs and social activity such as voting and taking part in public debate.  They should be able to advocate for more civic participation, and for making public and social institutions more open to citizens.  Funding support is imperative to further advocacy activities aimed at having local, regional, and national public policies on active citizenship, watchdog activities, e.g., monitoring the activities of public officials or of persons running for public office and conducting fact-checking to raise the standard of public debate.

Examples of NGOs focused on local communities include: The New Community Foundation, Inkubator Umowy Spolecznej, Fundacja Rozwoju Demokracji Lokalnej, Fundusz Obywatelski im. Henryka Wujca, Fundacja Batorego

5.    Public secular education

The most recent educational reforms paved a road for less emphasis on universal values of tolerance, equal rights, and respect for minority groups. Religious instruction should be removed from lessons in public schools at all levels and throughout the country to assure a secular public education. NGOs dedicated to education improvement should be supported.

Examples of NGOs supporting secular educational reform include: Centrum Edukacji Obywatelskiej, Zwolnieni z Teorii, Szkoła z klasa, Centrum Cyfrowe, Fundacja Civis Polonus, Concilium Civitas and ZNP

6.    Environmental protection

Poland belongs to a group of countries with the highest carbon dioxide emissions.  The disastrous environmental pollution across the entire country must be addressed, and adherence to the environmental rules and climate change policies enshrined in the Paris Accord and adopted by the European Union must be encouraged. Education on climate change at all levels of schooling as well as through NGO activities must be strongly supported.

Examples of NGOs working on environmental protection include: WWF, Greenpeace, Extinction rebellion, Polski Alarm Smogowy (PAS), Nauka o klimacie, Fundacja poszanowania energii, Mlodziezowy Strajk Klimatyczny.

7.    Civic and human rights and antidiscrimination practices

Support must be reestablished for NGOs that aim to protect human rights and women’s rights in particular, as well as countering xenophobia, homophobia, racism, anti-Semitism, and any forms of discrimination on the grounds of race, belief, ethnic or national origin, gender, or sexual orientation, disability, age, economic status, family situation or other grounds.  Specific activities that require support include awareness-raising and social actions and campaigns to influence public opinion, watchdog activities concerning respect for human rights and for the principles of a state governed by the rule of law, and legal advocacy and intervention in cases related to discrimination, violence, and other human rights violations.

Support should be directed to NGOs working to empower vulnerable groups and enhance the social support networks created by these groups.  That includes providing consultations and support for vulnerable persons to enable them to become independent and empowered, improving the quality of services available to them, and raising the qualifications and skills of people working with them.

Any support in this area must include human rights advocacy, with the aim of influencing decision-making processes at all levels of governance.  There is a strong need to support the capacity building of NGOs working in the area of information campaigns, research, and monitoring on human rights issues. A separate effort must be extended to encourage the criminal justice system to diagnose and effectively battle aby human trafficking appearances in Poland.

Examples of NGOs focused on civic and human rights and non-discrimination include: Campaign Against Homophobia, Stop Bzdurom, Ogolnopolski Strajk Kobiet - Telefon Antyrepresyjny, Women’s Rights Center (Lodz), Osrodek Monitorowania Zachowan Rasistowskich i Ksenofobicznych, Instytut Ochrony Praw Obywatelskich, Helsinska Fundacja Praw Człowieka, Obywatele RP, PoMOC - Mary Immaculate Association for Women and Children, La Strada Foundation, Warsaw.