Poland: Whether Polish citizens of Roma or half-Roma background are subject to military conscription

According to a Krakow-based representative of the Contact Point for Roma and Sinti Issues of the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE), Polish citizens of Roma or half-Roma background are subject to military conscription (9 Oct. 2002).

No references to discrimination in conscription practices in Poland based on ethnic or cultural background could be found among the sources consulted.

The information quoted below on conscription and forms of military service was published in English by the Polish Ministry of Defence. This adds to information provided in POL37794.E of 16 October 2001 (categories of potential conscripts as regards potential for conscription), POL29916.E of 26 August 1998 (alternative military service employment) and POL22372.E of 30 November 1995 (mandatory military service and whether Roma are called to fulfill their military service like other Polish citizens). The attached documents describe recent changes in conscription, military service and alternative service.

Conscript service Conscript service is the most common form of fulfilling the military duty by conscripts. The period of the service provided for in the legislation is now twelve months nowadays. In principle, the service is to be done on a continuous basis, but under certain conditions it can be divided into several smaller periods in the course of ten years.

One can also voluntarily join military service. In order to apply for service in this way one must be seventeen years old and qualify in the A health category. Volunteers are conscripted for service on the day agreed with the conscription commandant. They have the right to choose the place and military unit they want, provided that they qualify for service in a given type of unit.

Conscripts who stand to complete compulsory military service are incorporated to a military unit.

Incorporation consists of several stages, including identity verification and an interview conducted by conscript reception commission, introducing appropriate entries in the unit registry, health examination and suitable hygienic procedures, giving out a uniform, assigning the soldier to a specified subunit, ascribing him or her to a concrete position and, finally, entrusting the soldier with specific responsibilities and functions.

During the first stage of military service, soldiers take part in basic introductory courses. At the end of the course they swear a military oath. This takes place during a formal procedure established by the military ceremonial.

Soldiers serving in one continuous period are entitled to one leave, lasting twelve (privates) or Fifteen (NCOs) days. They may be rewarded with additional short-term leaves (from 3 to 7 days) for exceptional performance in conducting their duties or for special acts of determination and bravery.

On the first day of military service one receives-without any additional procedures-the rank of private. In the course of service soldiers may be promoted to higher ranks up to chief corporal.

After the service Soldiers who have completed military service are freed from it on the last day of its course, always specified in an appropriate directive of the ministry of national defense. This regulation is not applicable, however, in regard to soldiers who had started their service after the appointed time for no acceptable reason. Such soldiers are dismissed from military service after the completion of the official twelve-month period. After the completion of military service soldiers are transferred to the reserve.

Dismissal from service before the usual time In principle, only soldiers who have completed compulsory military service are moved to the reserve. In some situations, though, there is a legal possibility to dismiss a soldier before the usual time.

This happens when:

1) the soldier is to complete his service in several stages;

2) the soldier is considered temporarily or permanently unable to complete military service because of poor health;

3) the soldier must personally take care of a relative;

4) the soldier becomes Member of Parliament;

5) the soldier receives a sentence of imprisonment or an alternative punishment.

Overtime conscript military service is a unique type of service which helps the military change to the professional army model. Despite the fact that it derives form compulsory military service, overtime service is not based on obligation; it depends on a voluntary decision of a soldier and the permission obtained from the commander of a unit. Thus admission to overtime service is based on an agreement between the commander and the soldier.

To apply for overtime service one must be in the course of conscript military service and: achieve satisfactory instruction results, be disciplined, be under 25 on the starting day of service, be educated at least on the level of an elementary professional school and have no criminal record.

Overtime service is done in full year periods-from one year up to four years.

Leaves and promotions Overtime servicemen are entitled to rest leave and other leaves granted according to the regulations for professional soldiers (one can have thirty days of rest leave every year of overtime service). In the course of overtime service soldiers can be promoted to higher military ranks, up to and including the rank of master corporal.

Overtime servicemen rights Overtime servicemen are entitled to uniform and equipment (like professional officers), free accommodation in common fixed facilities (i.e. rooms in buildings situated within closed premises), salary and other specified financial liabilities, as well as a yearly bonus.

Overtime servicemen work in the time specified according to their responsibilities and the position they hold, while retaining the right to free time and rest. Such soldiers perform internal and guardhouse duties specified in the unit or subunit schedule, intended for compulsory servicemen and professional soldiers, with the exception of the duties performed by officers.

Commanders of military units provide overtime servicemen with the opportunity to gain and improve their professional and specialist qualifications. Such soldiers may also apply for admission to candidates' service (i.e. to military schools and academies), for permission to stay in overtime service for another period (but totally overtime service can take no longer than 4 years), and for promoting to professional military service on a contractual basis in the NCOs or ensigns corps, providing that the period of overtime service has covered at least twelve months.

Dismissal from overtime service Overtime servicemen are dismissed from service on the last day of the period for which they joined it. Before this time they may be dismissed for other reasons, obligatory (e.g. when promoted to professional service, or recognized as unable to complete military service), or optional (e.g. at the request of the soldier). In such situations, the decision to dismiss overtime servicemen lies

Professional military service To be a professional soldier one must be a Polish citizen of unquestionable reputation, whose allegiance to the Republic of Poland is beyond doubt. Professional soldiers perform their duty for the good of the Republic of Poland.

He or she should have appropriate qualifications, as well as physical and psychological skills necessary in professional, full-time military service. According to the constitutional principle of the equality of the sexes, both women and men can be professional soldiers.

This service requires discipline, loyalty and commitment.

The state provides professional soldiers with the resources enabling them to devote fully to the service for their Nation and Fatherland while enjoying decent standards of living. This is to compensate for their effort, hard work and self-denial associated with professional military service. It is the responsibility of the State to provide appropriate service and living conditions for the soldiers.

Professional soldiers - the professional cadre of the armed forces - are divided into three corps: professional officers corps, professional warrant officers corps and professional NCOs corps.

Two forms of professional military service are provided for in the legislation: permanent service, which covers professional military men who graduated form appropriate military schools and academies, and contract service, which involves professional soldiers who intend to work for the army for a specified period of time, who gained suitable qualifications in non-military schools and universities, have a job useful in the armed forces and have completed appropriate military courses.

Call-up to military service occurs on the base of voluntary application. In case of permanent service - for an unsubscribed time, while in contract service - for a contract time. Professional soldier may be appointed to serve abroad according to his agreement, but in some cases without it, during peace time.

Contract service Among those who can apply for this type of service are:

– reserve officers; university graduates who completed a military course, passed officer exams and have higher education in the required area. This category involves service in the officers corps.

– warrant officers and NCOs who completed their compulsory military service and have secondary education in the required area. This category involves service in the ensigns corps.

– reserve NCOs and other reservists who completed compulsory military service and specialist military courses, and have a useful profession. This category involves service in the NCOs corps.

Contracted servicemen may apply for transfer to permanent service.

Soldiers as members of the public Professional soldiers are entitled to use all civil rights and participate in the life of the public, with the exception of situations described in the legislation (Poland 23 Sept. 2002).

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. Please find below the list of additional sources consulted in researching this Information Request.

References

Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights/Contact Point for Roma and Sinti Issues, Krakow. 9 October 2002. Correspondence received by Research Directorate.

Poland. Ministry of Defence, Warsaw. 23 September 2002. "Conscript Service." [Accessed 26 Sept. 2002]

Attachments

Jane's Defence Weekly [London]. 7 April 1999. Craig Hoyle. "Poland May Shorten Conscription Service." (NEXIS)

PAP News Agency, Warsaw. 21 March 2000. "Polish Human Rights Body Appeals For Shorter Alternative Military Service." (BBC/NEXIS)

Additional Sources Consulted

Coalition to Stop the Use of Child Soldiers, London. 4 March 2002. Europe Report: Poland.

Country Reports 1998-2001. 1999-2002.

Radio Free Europe/Radio Liberty, Prague. Searchable archives.

Internet sites and search engines, including:

Government of Poland.

International Helsinki Federation for Human Rights

Note:

This list is not exhaustive. Subject-related publications available at the Resource Centre are not included.