FUEN supports the German Minority in Poland

For more than a year the German minority in the Opole Voivodeship in Poland has been protesting against the expansion of the city of Opole. Through the administrative reform, municipalities inhabited by the German minority were annexed to the city. This reform has a detrimental effect on the rights of the minority, e.g. in relation to topographical signs, the use of the minority language with authorities and their political participation.

Our member organisation VDG - Association of German Social and Cultural Societies in Poland – will present this situation at the meeting of the Minority Intergroup in the European Parliament this week.

During the FUEN Congress 2016 in Wrocław / Breslau, an urgent resolution was adopted by the Assembly of Delegates of FUEN on this matter:
Urgent Resolution on the expansion of the boundaries of the city of Opole disregarding the regulations concerning the protection of national and ethnic minorities

In the following text, the Association of German Social and Cultural Societies in Poland (VDG) describes the developments that happened over the past year.

"Greater Opole" and the transgression of minority rights

Since over a year people of the Opole voivodship have one major topic to talk about: the expansion of the Opole city. Although the decision is already made and the decree was implemented on 1st January 2017, the inhabitants of the attached villages still feel injustice, bitterness and despite everything hope that something still can be done and the whole process can be reversed. In this context the question remains whether the rights of the German minority have been broken and what will be the consequences of this. On January 19th 2017 the Intergroup for Traditional Minorities, National Communities and Languages ​​of the European Parliament meets in Strasbourg. At the request of the German minority in Poland it will deal with, among others, the case of expanding Opole. In this text we would like to recall what exactly has happened so far.

The plan that surprised everyone

On the 20th November 2015 in the regional newspaper Nowa Trybuna Opolska (NTO), the president of Opole Arkadiusz Wiśniewski announced the plan to expand the city at the expense of the surrounding municipalities. He surprised everyone: the authorities and citizens of Dąbrowa, Dobrzeń Wielki, Komprachcice, Prószków and Turawa (parts of these municipalities were suppposed to be attached to the „New Opole”), as well as the citizens of Opole, journalists and local council members. The president also did not respect the results of public consultations in the municipalities mentioned above. Over 90% of people taking part in these consultations were against Wiśniewski’s idea. The president proceeded with his plan anyway: on March 31st 2016 he handed in the proposal to expand Opole to the voivode, who later directed it to the Minister of Internal Affairs and Administration. The motion was foremost justified with the increase of the developmental potential of Opole. Many legal experts pointed out errors in the proposal. Nevertheless it was positively evaluated first by the voivode and then by the Cabinet, which together with the decree from 19th July 2016 confirmed the expansion of Opole city, with the only exception of the municipality of Turawa. The decree was implemented on 1st January 2017.

The commitment of the citizens

In 2015 the inhabitants of the municipalities of Dąbrowa, Dobrzeń Wielki, Komprachcice, Prószków and Turawa started protesting. The protest took different forms – foremost demonstrations in Opole with 2500 participants. Since the decree was signed, the strikes took place every nineteenth day of the month as monthly demonstrations. Moreover, lists with signatures against the expansion of Opole were collected as well as many people taking part in public consultations. What is more, there were protests in Warsaw, roadblocks, meetings with politicians from different parties, with local council members and journalists. The citizens’ determination, especially these of the community Dobrzeń Wielki, is enormous. This determination, together with the realisation that everything else has been tried, drove a group of people to hunger strike, which started on 26th December 2016. Within the strikers there were also members of the German minority. They announced that they will keep striking until the Prime Minister Beata Szydło or the Minister of  Internal Affairs and Administration Mariusz Błaszczak decides to meet with them, to let them present their point of view. Thanks to mediation, after seventeen days a meeting with the Minister Mariusz Błaszczak was arranged for 16th January 2017. Thanks to that the hunger strike ended on the 11th January.

Greater Opole and the German minority

The expansion of Opole affects directly the members of the German minority. The borders’ changes of Opole city and the municipalities of Dąbrowa, Dobrzeń Wielki, Komprachcice and Prószków affected eleven villages from four municipalities inhabited by the German minorities. In the last national census of 2011 19,82% of the inhabitants of the Opole county declared German nationality, with only 2,46% Opole city’s inhabitants making the same declaration. In these villages the German minority has several rights, like bilingual road signs and German being the auxiliary language in offices. On the basis of resolutions of the community councils, and the decision of the minister responsible for religious cults and national and ethnic minorities, in the municipalities Dobrzeń Wielki, Komprachcice and Prószków German is the auxiliary language, which was registered in the Official Register of Communities in the Ministry of Internal Affairs and Administration. On the other hand, in Opole members of the German minority do not have the same rights as the inhabitants of the surrounding municipalities. Moreover, the citizens of the villages in the municipalities Dąbrowa, Dobrzeń Wielki, Komprachcice and Prószków are able to participate more effectively in the political life of their municipalities by choosing their representatives in single-member districts. This is the reason why the Social and Cultural Society of Germans in Opole-Silesia (TSKN), which represents the members of the German minority in the municipalities, has pointed out from the very beginning, that the procedure of expanding the borders of the city was in transgression with the national and international law regarding national minorities. This opinion is confirmed by Professor Grzegorz Janusz from the Marie Curie-Skłodowska Univeristy in Lublin, an expert in minority law. This transgression concerns the National and Ethnic Minority and Regional Language Act from 6th January 2005, article 5, point 2: „It is forbidden to take actions changing the national or ethnic proportions on territories inhabited by minorities”. It also concerns the Framework Convention for the Protection of National Minorities, which is ratified by Poland and says in article 16: „The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present framework Convention”.

From the beginning the TSKN took actions and started initiatives pointing out the transgressions of minority law, hoping for a constructive dialogue with the initiators of the expansion plan and the government. These are the actions taken so far in chronological order:

1. 14th December 2015 - Statement of the Board of TSKN indicating violations of minority rights in the event of an initiative of extending the boundaries of the city of Opole at the expense of neighbouring municipalities inhabited by a community of the German minority.
2. 22nd February 2016 - Negative opinion of the Opole Regional Assembly regarding the initiative of expanding the administrative boundaries of the city of Opole, which would take place at the expense of the integrity of the municipalities Dąbrowa, Dobrzeń Wielki, Komprachcice, Prószków and Turawa and Opole County and contrary to the opinion of the local municipalities. It was  taken, among others, on the initiative of the German minority counsellors.
3. 8th March 2016 - A press conference during which the vice-president of the city of Opole Mirosław Pietrucha stated, that the German minority harms the idea of extending the city of Opole,
   "The position of the German minority is absolutely harmful and can ruin relationships in our region - said M. Pietrucha. - This is a position against Opole and against the inhabitants of our city".
   On the same day appeared an anti-German flyer on the Facebook profile of president of the city of           Opole Arkadiusz Wisniewski, including information that only the German minority is against the     expansion, with fears of losing influence in the region. The author of the flyer writes at the end:             "Should defending the interests of a minority be a priority of the President and the Prime Minister of         the Republic of Poland?" (the flyer is attached)

4. 8th March 2016 - Statement of the Board of TSKN "German minority and a strong Opole" - a response to the allegations of the President of Opole. The Board of TSKN clearly highlights their contribution to the development of the region and as well as the city and expresses their concern about the attempt to destroy the community built through the last twenty-six years, while indicating that the local councilmen from the German minority have always worked for the greater good of the whole region and all its inhabitants.
5. 26th April 2016 - During the meeting of the President of Poland Andrzej Duda with representatives of national and ethnic minorities in Poland, Chairman of TSKN R. Bartek raises the question of the expansion of the city of Opole, pointing out the national rhetoric used by the Opole magistrate.
6. 11th May 2016 -  Sending a letter to the Minister of Internal Affairs and Administration Mariusz Błaszczak with the proposal of a meeting in the subject of the expansion of the city of Opole.
7. 7th June 2016 -   The Undersecretary of State in the Ministry of Interior Sebastian Chwałka refuses to meet the Minister of the Ministry of Interior Mariusz Błaszczak.
8. 21th May 2016 - During the Congress of the Federal Union of European Nationalities (FUEN) Representatives of national minorities from the whole Europe passed a resolution in which they expressed opposition to the expansion plans of Opole. (attached)
9. 27th May 2016 – The Congress of the delegates of the TSKN passes a resolution negatively evaluating the plans for the expansion of the city of Opole. (attached)
10. 29th May 2016 – The president of the City of Opole sent his statement to the media – a response to the resolution taken by the Congress of the Delegates of the TSKN, again alleging that the German Minority merely defends its sphere of influence.
11. 31st May 2016 - The answer of the TSKN Board to the statement of President of Opole Arkadiusz Wiśniewski on the resolutions of the General Assembly of the Delegates of TSKN dated 28/05/2016 regarding "Greater Opole."
12. 1st June 2016 - TSKN addresses a statement to the Prime Minister regarding the expansion of the city of Opole, emphasizing above all the violation of the rights of national minorities at the proceedings of changes to the boundaries of Opole and the increased number of attacks at the German minority of the municipal office of Opole. albo city hall of Opole
13. 27th June 2016 - Ombudsman Adam Bodnar, after receiving the letter from Chairman Rafał Bartek about extending the boundaries of the city of Opole at the expense of five surrounding municipalities, sent a letter to Prime Minister Beata Szydło. The ombudsman's inquiry concerned the problem of the legal form in which the Council of Ministers shall create, merge, split, drift and determine the boundaries of municipalities, change the status of a municipality or town city and set its limits.
14. 2nd July 2016 - During the Assembly of Delegates of the Association of German Associations (VDG) a resolution negatively reviewing the change of the borders of the city of Opole was passed.
15. 8th July 2016 - The minority side of the Joint Commission of the Government and minorities takes  a negative position on the expansion plans of the city of Opole. (attached)
16. 8th July 2016 - Chairman of TSKN R. Bartek sends a written notice to P. Boillat, Director General of the Council of Europe, containing the position of the minority side of the Joint Commission of the Government and minorities with regard to the expansion plans of the city of Opole.
17. 19th July 2016 - The Polish government passes a decree, which determines among others the changes of the administrative borders of the city of Opole at the expense of the municipalities Dobrzeń Wielki, Dąbrowa, Komprachcice and Prószków. Out of twenty cases, only the case of Opole is the one, where the opinion of inhabitants was completely ignored.
18. 21st July 2016 - Meeting with the Ombudsman Adam Bodnar in Dobrzeń Wielki.
19. 22nd July 2016 – in local newspaper “NTO” an article with the title "There is no question of any action against the local communities" appears a statement made by the Deputy Minister Jaki, blaming the German minority for all the protests, including also untrue information that supposedly the German minority interfered with national holidays and broke the rules of local democracy.
20. 28th July 2016 - Deputy Ryszard Galla asks Prime Minister Beata Szydło about the changes to the boundaries of the city of Opole at the expense of the neighbouring municipalities.
21. 9th August 2016 – The TSKN answers to the  article in the local newspaper NTO: "There is no question of any attack on the local democracy" informing about untrue allegations posed in the letter.
22. 12th August 2016 - With the commitment of the Landsmannschaft der Oberschlesier, VDG Chairman Bernard Gaida directs a request to the Intergroup for Traditional Minorities, National Communietes and Languages in the European Parliament for a possible opportunity to participate in a meeting on the subject of the expansion of the city of Opole and violations of minority rights (if such a meeting takes place).
23. 14th August 2016 - Professor Grzegorz Janusz from the University of Marie Curie-Skłodowska in Lublin delivers an opinion on the changes to the administrative borders of the City Opole as defined in § 1 point 2 of the Council of Ministers in the light of national legislation and international obligations binding the Republic of Poland on the rights of national minorities, indicating a violation of Polish and European law by: "(...) an unjustified by objective reasons change of the national proportions (...); "(...)" the loss of the individual right to use their mother tongue as an auxiliary language in the municipality by persons belonging to the German minority in eight villages of the municipalities Dobrzeń Wielki, Komprachcice and Prószkow (...) "; "(...) the loss of the right to use additional place names in their native language in eight villages in the municipalities(...)".
24. 18th August 2016 - The answer of the Undersecretary of State in the Ministry of Interior Sebastian Chwałek about the reasons for a positive decision to change the boundaries of the city of Opole. The answer does not address the issue minorities’ right violation.
25. 19th August 2016 – Request to the Ombundsman for an intervention regarding the decree form the 19th July.
26. 1st September 2016 – The Director-General for Democracy in the Council of Europe transmits an information including the position of the minority side of the Joint Commission of the Government and minorities regarding the plans of the expansion of the city of Opole to the Committee of Experts of the European Charter of Regional Languages, in order to check whether the new administrative division threatens the realization of the rights in the field of promoting minority language use and the use of geographical naming.
27. 29th September 2016 - The response from the President's Office on the documents sent by TSKN  in July: the position of the Joint Commission of the Government and National and Ethnic Minorities and the opinion prof. Grzegorz Janusz on "Greater Opole." The content was considered "significant material", which according to the content of the letter, will be analysed.
28. 6th October 2016 – The Undersecretary of State Sebastian Chwałek answered the opinion of Professor G. Janusz sent by the TSKN, informing that at the same time the Ministry asked Professor B. Szmulik and Professor M. Szewczak for their opinions on the violation of the rights of minorities. Their opinions indicated, that the rights of minorities have not been violated. These opinions were not attached to the letter.
29. 13th October 2016 - The Board of TSKN directs a petition to the European Parliament appealing to take all possible legal remedies against the violation of the rights of persons belonging to the German minority in the municipalities of Dąbrowa, Dobrzeń Wielki, Komprachcice and Prószków, who on the 1st January 2017 will become residents of the city Opole, by the local authorities of Opole and the authorities of the Polish State.
30. 18th October 2016 – The Office of the City of Opole presents expert opinions on the issue of violation of the rights of minorities in the process of the expansion of the city of Opole.
31. 19th October 2016 – The TSKN directs a letter to the Undersecretary of State in the Ministry of Interior Sebastian Chwałek, requesting to send the opinions of experts, which has asked by the Ministry of Interior.
32. 20th October 2016 – The TSKN addresses the expertise of Opole, as vague, unprecise and leaving little space for the issues of the minority.
33. 7th November 2016 - Undersecretary of State Sebastian Chwałek handed over to the TSKN the opinions of Professor Bogumił Szmulik and Professor Martin Szewczak regarding to the issue of the violation of the rights of national minorities and ethnic minorities in the context of the expansion of the city of Opole.
34. 21st November 2016 – The Councillors of the Opole Regional Assembly urge the voivode to reconsider the changes to the boundaries of the city of Opole. "The government failed to recognize the stage of decision-making, the results of the public consultation carried out in the villages covered by the motion of the president of Opole” - can be read in the justification.
35. 21st November 2016 – The Ombudsman organized a meeting regarding the violation of minority rights in the process of expanding Opole, inviting scientists dealing with issues of local government and representatives of the German minority.
36. 22nd November 2016 – The TSKN chairman meets with the president of the city of Opole Arkadiusz Wisniewski. During a meeting the president declares that bilingual signboards will be installed in the villages attached to Opole.
37. 26th December 2016 – The hunger strike in Dobrzeń Wielki begins.
38. 28th December 2016 – The chairman of TSKN R. Bartek and deputy R. Galla appeal to Prime Minister Beata Szydło to reconsider and suspend the decision of the expansion of the city of Opole or at delay it.
39. 2nd January 2017 - President of the city of Opole A. Wiśniewski withdraws the promise of bilingual information boards in the attached villages, saying: "Bilingual boards are reason for a  potential conflict, so I suggest to postpone the decision on this matter. I do not want to decide the issue today, because it is problematic".
40. 3rd January 2017 - Chairman R. Bartek writes an open letter to President A. Wisniewski, regarding bilingual information signs that were promised in the new parts of the city of Opole.
41. 11th January 2017 - The end of the hunger strike in Dobrzeń Wielki, due to the fact that the protesters were promised to meet with the Minister of Internal Affairs and Administration Mariusz Błaszczak. The meeting is scheduled for 16th January in Warsaw.

The list above shows only actions taken directly by or with the participation of TSKN. In addition, a complaint to the Administrative Court and the Constitutional Court were issued by the affected local authorities and also the Ombudsman. Despite these numerous appeals and actions taken over the year, a real loss of minority rights, and as a result the transgression of Polish and international legislation regarding the minority, has become a fact. For the first time since 1989, acquired rights of minorities have been revoked.