A/49/415/Add.1
English
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21. Another crucial element of protection of the rights of national minorities
is the Law on the Relation of the Polish State towards the Polish Autocephalous
Orthodox Church of 1991. Prior to that, the Law on the Relation of the Polish
State towards the Catholic Church was passed in 1989, and determined the legal
status of the Byzantine-Ukrainian domination in Poland. The above laws are of
importance to the national minorities, which also belong to religious
minorities. In addition, such persons are covered by the Ordinance by the
Ministers of Labour and Social Policy, and of National Education of
12 November 1990 pertaining to leave from work or school for persons belonging
to churches and other religious institutions on days that are not official
holidays in Poland. This ordinance enables the Belarusians (Orthodox),
Ukrainians (Greek Catholics) and Jews to observe their traditions and customs.
Similar laws are drafted in the Sejm for the Evangelical Lutheran Church and
Evangelical Reformed Church, and also for minor confessions.
22. Efforts to improve the legal position in Poland continue and, after 1993,
drafts for new legal regulations were prepared.
23. The parliamentary Committee for National Minorities included in its draft
of a new constitution an article pertaining to the rights of national
minorities. The Constitution of the Republic of Poland provides for equal civil
rights irrespective of the nationality of a citizen (art. 67, para. 2 and
art. 81, para. 1), and imposes a penalty for any indirect or direct infringement
of those rights. The dissemination of hatred or contempt, instigation of
discord or humiliation of a person on the grounds of nationality are forbidden
by law (art. 81, para. 2). However, no formula for protecting national identity
among minorities has been developed in the form stipulated in the new draft.
24. Furthermore, work has commenced on the drafted law on the protection of
rights held by members of national minorities. The White Paper drafted in
cooperation with representatives of national minorities is regarded as a
foundation for work by the Parliamentary Committee.
25. The fundamental changes in the legal system introduced in recent years are
of major significance to national minorities. Departure from the totalitarian
system and efforts to accept international standards have become prominent in
Polish legislation. The overall process, however, including the case of
national minorities, has not yet been completed.
26. In Sweden, according to Swedish constitutional law, no regulation can
impose upon any citizen that he or she be discriminated against because of race,
skin colour, ethnic origin, or the fact that he/she belongs to a minority.
27. The Government of Ukraine stated that Ukraine was a multi-ethnic State. In
a total population of 52 million, the share of Ukrainians is 37.4 million or
72.7 per cent, while Russians, who represent 22 per cent, form the largest
national minority, followed by 0.9 per cent of Jews, 0.9 per cent of
Belarusians, 0.6 per cent of Moldavians, 0.4 per cent of Poles and Bulgarians,
and 2.8 per cent of representatives of other nationalities. Representatives of
ethnic minorities number 14 million, or 27.3 per cent.
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