OFFICIAL STATEMENT & OPEN APPEAL

ON THE PROTECTION OF CITIZENS OF UKRAINE AGAINST XENOPHOBIA, INTOLERANCE, AND SYSTEMIC IMPUNITY OF HATE CRIMES ON NATIONAL AND RELIGIOUS GROUNDS IN THE REPUBLIC OF POLAND

The International Human Rights Agency "West Support" addresses the President KAROL NAWROCKI and the Government of the Republic of Poland regarding the critical state of human rights protection for citizens of Ukraine currently residing in Poland.

Our agency documents an alarming escalation of xenophobia, discrimination, and hate speech (mowa nienawiści) perpetrated simultaneously on national and religious grounds. Alongside verbal and physical harassment, as well as discrimination in employment and housing, there is a marked rise in hostility targeting believers and religious communities of the Eastern Christian tradition, notably the Orthodox and Greek Catholic Churches.

The paramount issue compounding this crisis is the systemic impunity of perpetrators. According to human rights monitoring data, approximately 80% of documented and publicly exposed incidents of xenophobic attacks and hate speech remain without appropriate judicial sanction, allowing perpetrators to evade criminal liability. This crisis is further aggravated by a high volume of latent (unreported) hate crimes, which remain outside official statistics due to victims' erosion of trust in the capacity of law enforcement to ensure effective protection.

We recall that under Articles 9 and 91 of the Constitution of the Republic of Poland, ratified international treaties form an integral part of the domestic legal order and take precedence over domestic statutes. Failure to prosecute discriminatory acts directly violates Article 21 of the EU Charter of Fundamental Rights, EU Council Framework Decision 2008/913/JHA, Article 14 of the European Convention on Human Rights (ECHR), and the UN International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). These binding legal instruments impose an imperative obligation upon the Polish State to actively prosecute hate crimes governed by Articles 119, 256, and 257 of the Polish Criminal Code.

URGES the leadership and Parliament of the Republic of Poland:

1. Ensure the Effective Implementation of Statutory Norms regarding accountability for hate crimes (Articles 119, 256, and 257 of the Polish Criminal Code) and eradicate the systemic impunity rate.

2. Fulfill and Uphold International Legal Obligations ratified by the Polish State under EU, Council of Europe, and UN instruments regarding protection against discrimination on national and religious grounds.

3. Foster Preventive Measures, Intercultural Dialogue, and Counter-Disinformation Efforts aimed at preventing xenophobia and interfaith hostility.

Should the practice of failing to prosecute these violations persist, "West Support" will initiate official complaints and Shadow Reports to the UN Committee on the Elimination of Racial Discrimination (CERD), the European Commission (DG JUSTICE), and the European Commission against Racism and Intolerance (ECRI) of the Council of Europe.

Respectfully submitted,

International Human Rights Agency "West Support"