The Clause on the Protection of National Minorities in Poland in Good Neighborliness Treaties after 1989

Abstract

Agreements on friendly cooperation with all neighbors signed by Poland in the first half of the 1990s contain a clause on the rights of minorities. The regulations of these agreements guarantee the rights of Poles residing in these countries and the rights of the representatives of these nationalities (proper national minorities) in Poland and give right to free contact with their compatriots in their country of residence and abroad. The basic principle in these treaties is the recognition that the membership of a minority is an question of the individual choice of a person and from this choice no adverse results may occur. These clauses contain, first of all, the rights of those people to learn their native language and to use their language in private and public life. They also contain the guarantees of the freedom of formation their own organizations and freedom in practicing their religions. Taking into consideration providing security a great attention in the treaties is also put on the issue of the loyalty of people belonging to national minorities in relation to their country of residence and on guarantees from the part of this country for providing such people the protection of their rights in the same way as for other citizens. The basis for all analyzed here clauses was their conformity to the international standards concerning minorities. Poland, in adopting a new legal status of a minority included in the analyzed agreements, emphasized the breaking with the policy of discrimination and adoption of the open access policy and the acceptance of minorities. The rights of minorities included in the analyzed treaties marked also a direction in Polish internal law, adapting it to international standards in this scope.