Map of the procedure of anti-LGBT resolutions in communes, poviats and voivodships. Regions that have accepted homophobic documents are marked in red / Source: Atlas of Hatred , interactive version available at the link
by Anton Ambroziak
The letter from the European Commission is a confirmation that the homophobic resolutions passed by local governments in Poland have legal consequences, violate the rights of their residents, and should conform to EU values. It also opens the way to EU funds being blocked – right now
The addressees of the European Commission’s letter are the marshals (wojewodowie) of five provinces (voivodships, województwa) that have adopted anti-LGBT resolutions or their equivalent, i.e. the homophobic ‘Local Government Charter on the Rights of the Family’ drawn up by an NGO Ordo Iuris. These are the Lublin, Łódź, Malopolskie, Podkarpackie and Świętokrzyskie provinces.
What does the Commission want? In short: for the provincial governors (wojewodowie) to check whether the money from the EU’s cohesion policy is actually being spent in violation of European regulations.
This mainly concerns Art. 2 of the European Union Treaty, which speaks of the values on which the Community is founded:
respect for human dignity;
freedom, democracy, equality, the rule of law,
and respect for human rights, including the rights of persons belonging to minorities.
“These values are common to the Member States in a society based on pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men.”
The obligation to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation is also included in art. 7 of the Regulation on EU funds dating from 2013. Moreover, the preventive actions to which the beneficiaries of EU funds are obliged are explicitly included in the partnership agreement, and include both investments and programmes run by local authorities, as well as soft activities accompanying them, such as ‘communication’.
In the opinion of the European Commission, the adoption by some Polish local governments of homophobic documents, which reduces the LGBT community to an ‘ideology’, calls into question the regional institutions’ ability to implement the principle of non-discrimination.
“In addition, there is a risk that the beneficiaries of the funds (…) will discriminate against the LGBT community in their activities,” writes the European Commission, instructing the provincial governors to investigate the matter.
“We cannot be full members of the EU if we exclude some of our citizens.”
Why is this letter so important?
First of all, this is not just another commentary expressing moral indignation; rather it is a specific intervention.
Anna Błaszczak-Banasiak, a lawyer of the Commissioner for Human Rights’ Office says the EC’s position confirms that the anti-LGBT resolutions, regardless of their form, directly affect the lives of citizens.
“In the Commissioner’s opinion, the EC’s letter embodies the principle of non-discrimination as a fundamental principle of the European Union. In other words, we cannot be full members of the community if we fail to apply the principle of equal treatment and exclude some of our citizens from social life.”
The local governments that adopted the homophobic documents have defended themselves by claiming that they did not exclude LGBT people, but were only protesting against a harmful ‘ideology’, or promoting the values of the traditional family.
“I’m glad that the Commission has confirmed the arguments of the Commissioner, who emphasised from the beginning that this was not about ideology or beliefs, but about living people,” commented Błaszczyk-Banasiak.
Local governments may lose EU funds straight away
The EC’s position thus clearly demonstrates that the anti-LGBT resolutions have legal consequences, are in conflict with EU regulations, and that the Polish institutions which should defend them have been neglecting their duties. But the most revolutionary matter is the threat that the joint funding might be lost.
Until now, the example of the homophobic self-governments gave impetus to the parties which wanted to link the next EU budget to compliance with the basic principles enshrined in the EU Treaty.
Now, the European Commission has shown that the consequences of compromising EU values can even be borne today. Read more via OKO Press