Poland: Penalties for engaging in homosexual activities while serving in the military (January 2005 - December 2005)

Information on the penalties for engaging in homosexual activities while serving in the Polish military was scarce among the sources consulted by the Research Directorate.

Poland has mandatory conscription (Coalition to Stop the Use of Child Soldiers 17 Nov. 2004; Quaker Council for European Affairs April 2005). In 2000 and 2001, sources noted that the Polish armed forces denied admission to homosexuals (ILGA 31 July 2000; Baird July 2001). However, more recent corroboration to this effect could not be found among the sources consulted by the Research Directorate.

In 3 December 2005 correspondence sent to the Research Directorate, a spokesperson from a Warsaw-based non-governmental organization (NGO), Campaign Against Homophobia (Kampania Przeciw Homofobii), stated the following:

There exists no specific legislation which prohibits homosexual activities in the Polish army. In recent years, Campaign Against Homophobia has not come across a large number of cases involving discrimination of gay soldiers. The greatest problem concerning gay soldiers seemed to be homophobia-related violence perpetrated against them by colleagues. There was, however, one case in which a gay soldier's employment contract with the Polish army was not extended. While the soldier was never told that his contract was not extended due to his sexual orientation, he believed this was the cause as he had recently revealed his orientation to his colleagues. Further information on the outcome of this soldier's complaint could not, however, be found among the sources consulted within time constraints.

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

References

Baird, Vanessa. July 2001. "Sexual Minorities and the Law: A World Survey." The No-Nonsense Guide to Sexual Diversity. Oxford: New Internationalist Publications. (Amnesty International Lesbian, Gay, Bisexual and Transgender Network Website.) [Accessed 12 Dec. 2005]

Coalition to Stop the Use of Child Soldiers. 17 November 2004. "Poland." Global Report 2004. [Accessed 12 Dec. 2005]

International Lesbian and Gay Association (ILGA). 31 July 2000. "The Armed Forces." World Legal Survey. [Accessed 6 Dec. 2005]

Kampania Przeciw Homofobii [Campaign Against Homophobia] (KPH), Warsaw. 3 December 2005. Correspondence from a representative.

Quaker Council for European Affairs. April 2005. "Poland." The Right to Conscientious Objection in Europe: A Review of the Current Situation. [Accessed 12 Dec. 2005]

Additional Sources Consulted

Amnesty International (AI) Poland, Warsaw.

Helsinki Foundation for Human Rights (HFHR), Warsaw.

Internet Sites, including: Amnesty International (AI), British Broadcasting Corporation (BBC), Center for the Study of Sexual Minorities in the Military (CSSMM), Center on Conscience and War (NISBCO), The Economist [London], European Country of Origin Information Network (ECOI), Freedom House, Gay, Lesbian, Bisexual, Transgender, and Queer (GLBTQ) Encyclopedia, Global Gayz, Human Rights Watch (HRW), Organization for Security and Co-operation in Europe (OSCE), Planet Out, Radio Free Europe/Radio Liberty (RFE/RL), United States Department of State, War Resisters's International (WRI-IRG), World News Connection (WNC).