How did it all begin? Here is a summary!
My journalistic investigation has raised much discussion in Poland. It is also thanks to your support that I can devote myself to work and continue researching the issue of grants that were lost because of anti-LGBT resolutions. I set up the website straconefundusze.pl [“lost grants” in Polish] so I can share information I obtain and count how much money have Polish local governments lost due to their resolutions. The homophobia bill is expensive and it is to be even more so. You might be asking yourselves: how did it all begin? Here is a summary I have made to answer that question.
In 2019, about 50 gminas [communes or municipalities], powiats [counties] and voivodeships [provinces] declared themselves LGBT-free zones – places which show no respect towards LGBT people and their rights. Local government officials voted for homophobic statements and resolutions, declaring thus a war against “the LGBT ideology” and a battle for protection of “tradition and Christian values”. Moreover, several dozens other local governments enacted Regional Charters of Family Rights and similar documents, which, despite not mentioning LGBT explicitly, also bear discriminatory character.
In December 2019, in a response to various events, among them Polish local governments’ resolutions, the European Parliament enacted a “Resolution on public discrimination and hate speech against LGBTI people, including LGBTI free zones”, which, among others, called Poland for putting an end to discrimination towards its citizens. A few month later, in June 2020, the European Commission drafted up a letter to voivodeship marshals whose voivodeships had enacted resolutions on so called LGBT-free zones, and demanded explanations from the local governments. The Commission pointed out that the declarations might had been incompatible with EU law, including the Charter of Fundamental Rights.
On 28 July 2020, Helena Dalli, the European Commissioner for Equality, informed that 6 applications for town twinning grants, issued within the scope of European Commission’s Europe for Citizens programme, were rejected on the ground of previous enactments of resolutions on “LGBT-free zones or family rights”.
In the same time, the FMO (The Financial Mechanisms Office – a Norway Grants office) pointed out to Poland that the anti-LGBT resolutions might go against the Regulation on the implementation of the Norwegian Financial Mechanism. This means that the Polish government has known at least since July 2020 that the local governments might lose their grants because of the anti-LGBT resolutions, but it has nonetheless never published that information nor taken any action to prevent such situation.
On 14 September 2020, Ine Eriksen Søreide, the Norwegian Minister of Foreign Affairs, wrote a response to a parlamient member’s question about approving grants for local governments which had enacted the “LGBT-free zones” resolutions. In it, she stated that: Kraśnik and other gminas with such declarations had not received project support in current financing period nor would they receive it in future as long as the declarations stay in force. The same applied to all institutions under control of these municipalities. It can also be deduced from the Minister’s words that her statement in this matter is based on a legal analysis conducted by the Ministry. Therefore, claims made by Polish politicians, according to which the Norwegians based their decisions on media reports or my photographical project, are unsupported by facts.
On 23 September 2020, since Polish government’s stance in respect to LGBT-free zones had not change, Polish authorities were informed that “the Norway Grants Donors are left no alternative” but to recognise financing Polish anti-LGBT local governments as being against the Regulation on the implementation of the Norwegian Financial Mechanism, precisely Article 1.3.1, according to which any financing programmes must be grounded in such common values as respect for human dignity, freedom, democracy, equality, rule of law and observance of human rights, including minority rights.
It was underlined that it concerned any local government which had enacted resolutions about “LGBTI”, “LGBTI ideology” or contained any similar expressions.
It was furthermore stated that the NFP (National Focal Point Poland, working within the Polish Ministry of Development Funds and Regional Policy) was responsible for correct implementation of Norwegian financing in Poland, and Norway Grants Donors (donating countries) expect it to notify local programme operators in order to ensure the programmes’ realisation in compliance with Article 1.3.1 of the Regulation.
It is then that the Ministries should have notified the local government officials about the risk of losing grants. According to my information, that was never done. Such decision would be politically disadvantageous for the state government’s public image (political interest was deemed more important than one of local governments and citizens).
In spite of Norway Grants Donors’ clear statement, Polish authorities, in a response from 2 October 2020, tried to pull the wool over the eyes of FMO by saying that the local governments adhere to the Constitution, and that its Article 32 guarantees lack of discrimination.
Polish government’s explanations shed no new light on the anti-LGBT resolutions, so the FMO, in another official letter from 4 December 2020, mantained its position and admonished the National Focal Point Poland that according to Article 5.3.1 of the Regulation on the implementation it had the duty of ensuring that the grants are implemented in Poland in compliance with that document’s provisions. It was also indicated that the Polish authorities are expected to fulfil these duties.
Moreover, it was once again made clear what exactly the Norway Grants Donors did consider a violation of Article 1.3.1 of the Regulation:
- awarding grants to entities which enacted resolutions aimed against “LGBTI”, “LGBTI ideology” or similar of this kind, i.e. “anti-LGBTI resolutions”
- awarding grants to entities which discriminate the LGBTI people in any way during prepataration or realization of projects financed by Norway Grants, whether it be done with or without connection to any “anti-LGBTI resolution”,
- awarding grants to entities which, during preparation or realization of projects financed by Norway Grants, are de facto subordinate to entities which enacted “anti-LBGTI resolutions”
- awarding grants to entities which are subjects to restrictions from “anti-LGBT resolutions” or other restrictions from such a resolution, in a way that impedes acting in accordance with the Regulation on the implementation of the Norwegian Financial Mechanism.
Therefore, both aforementioned documents state clearly that Polish authorities are obliged to guarantee that the local governments which enacted “anti-LGBT resolutions” do not be assigned Norway Grants.
The practical consequence is that local governments applying for financing for their projects within existing programmes (for example, in the case of Wilamowice Museum of Culture that would be the Culture programme, conducted under the supervision of the Ministry of Culture and National Heritage) should be rejected at early stages of evaluation. Does this practical consequence make it to be the reality? How many projects are losing their chance to be implemented? These are the questions I shall address in my following articles.
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