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Constitutional Court denounces Pole`s Card

 

The Constitutional Court of Belarus on April 7 issued an opinion on the so-called Pole’s Card, claiming that some of its provisions run counter to international treaties, said BelaPAN.

The Pole`s Card (Karta Polaka), also translated as the Polish Charter or Polish Card, is a document confirming the holder’s belonging to the Polish nation. It was introduced by a law that was adopted by the Polish parliament in September 2007 and came into force on March 29, 2008.

The Belarusian court said that the Pole’s Card Law conflicts with the universally established principles of sovereign equality of states and non-interference in internal affairs of other countries proclaimed by the UN Charter, as well as with the Vienna Convention on Consular Relations, the Belarusian-Polish Convention on Consular Relations and the interstate agreement between Belarus and Poland on mutual travel of citizens concluded on December 20, 2007 by the exchange of diplomatic notes.

On February 23, the House of Representatives asked the Constitutional Court to issue its opinion on the Pole’s Card. “It runs counter to the principles of good neighborliness,” House of Representatives Chairman Uladzimir Andreychanka said, noting that the issue was especially relevant now amid an “anti-Belarusian campaign” in neighboring Poland.

Ihar Karpenka, chairman of the standing committee on international affairs, said that the House had received a number of complaints from voters who inquired about the “legality” of the Pole’s Card. Poland may use data stated in applications for the Card “for its ends,” he said.

As many as 14,500 Belarusians have obtained the Card, Mr. Karpenka noted.

According to Polish official statisticians, 900,000 people of Polish descent live in Belarus.

“The Constitutional Court’s conclusion will not have any legal consequences, as its jurisdiction only covers the international treaties and agreements to which Belarus is a party,” Syarhey Balykin, a prominent legal and economic commentator, told BelaPAN. “The Belarusian authorities naturally cannot abolish a law of another country,” he said.

The Pole’s Card, which is issued to former Polish citizens and those who have relatives of Polish descent, even in the fourth generation, gives extensive privileges to the holder such as a free multi-entry visa and the rights to work, set up a company and study in Poland similar to those exercised by Polish citizens.

The Card also entitles the holder to a 37-percent discount on rail travel in Poland.

It is given for a period of 10 years and extended for further 10 years upon application.

The law unexpectedly came under fire from the Belarusian state media and foreign ministry, with the latter alleging that its enforcement may "seriously destabilize interethnic relations in our country, spark tensions in Belarusian society, disrupt its stability and give rise to mistrust between Belarusian nationals of different descent."