Poland

Previous reports: 2023/24

Principal EBCO concerns

• Although conscription is suspended, Poland has provisions whereby civilians may be allocated to perform “personal services for defence,”under the direction of the military in the event of war or general mobilisation.

• There are no explicit provisions for the release of serving military personnel who develop conscientious objections, which means that it is possible that penalties may apply, and there are no provisions for the recognition of reservists as conscientious objectors - prosecutions may result from refusing on grounds of conscience to comply with call-up to reserve service.

• “Security education” is a compulsory part of the secondary school curriculum, and from the 2024-25 academic year includes marksmanship as an obligatory element.

• From 2024 a six-week course on “Education with the Army”, presented by military personnel, is offered in schools, including primary schools.

Despite these concerns, EBCO salutes the continuing work of Poland on conscientious objection to military service at the international level as, together with Costa Rica and Croatia, one of the core sponsors of the quadrennial resolution on the issue at the UN Human Rights Committee.

Developments

The Jehovah's Witnesses report in a submission to the UN Human Rights Committee² changes introduced in 2022 to the curriculum of the “safety education” course in the core curriculum for primary and secondary schools, which now “includes marksmanship skills and weapons handling as well as practical training on the firing range.” Depending on local circumstances, training on the firing range will be introduced by the vast majority of schools in the academic year starting September 2024.”

Furthermore, they report that the Homeland Defence Act of 11th March 2022 authorises the imposition of a reserve drill requirement on “individuals with prior military training who took the military oath.” This presumably applies to former members of the armed forces who volunteered, but also to former conscripts who are of a relevant age. It may also be imposed on persons with no military background whose professional skills are relevant - “such as doctors, translators, IT specialists, electrical technicians and drivers.” A number of persons

who became Jehovah's Witnesses since their military service have faced prosecution for their refusal to participate in such military drills. In one case the court had refused to acquit the objector, but did not impose a penalty; both parts of the decision were upheld on appeal on 12th June 2024. Another case had been terminated by the Courts “because of the socially negligible nature of the act.”; however the objector was again summoned to take part in military drill, and a prosecution in his case is pending.

Conscription provisions and procedures

The rules on obligatory basic military service continue to be suspended.

The legislative provision under which it might be reintroduced is the Act of 11 March 2022 on the defence of the homeland (Dz.U. z 2024 r. poz. 248 ze zm.) “Obligatory basic military service shall be performed with regard to the needs of the Armed Forces. The President of the Republic of Poland, on the proposal of the Council of Ministers, introduces, through a regulation, obligatory military service, specifying the date of its beginning and termination, taking into account the needs of the Armed Forces” (art. 152 of the Act on the Defence of the Homeland).

The minimum age for conscription is 18 years.

The duration of service is 9 months.

Military registration is still conducted, and registration cannot be refused on grounds of conscience. Registration is required from the age of 18.

However, in the submission to the UN Human Rights Committee already quoted under “developments”, the Jehovah's Witnesses reveal that civilians may be allocated to perform “personal services for defence,”under the direction of the military in the event of war or general mobilisation. Two individual cases where Jehovah's Witnesses had appealed to the courts against such allocations on the grounds of their conscientious objection to military service - one, “a professional motor vehicle diagnostician” had been assigned “to assist in securing the activities of the Point of Acceptance and Distribution of Means of Transport in the town of Drawsko Pomorskie in case of military mobilisation or war.”, the other was in such a situation to serve as “a traffic manager for the Economic Military Division stationed in the town of Oleszno.”

Even if these placements do not amount to recruitment into the armed forces as such, the services to be performed are so clearly part of the military defence structure that the right of conscientious objection as interpreted by international bodies clearly ought to apply; however in both cases the courts had ruled otherwise; in the first case an appeal to the Supreme Administrative Court had been rejected on 28th September 2022; at the date of the document (September 2024) the second case was pending before the Supreme Administrative Court.

Conscientious objection provisions and procedures

Conscientious objection is recognised under Article 85(3) of the Polish Constitution

An individual interested may apply for alternative service at the military qualification stage or pending receipt of a mobilisation card. Persons who have performed alternative service in the entity are transferred to the passive reserve force (PR). Persons who are exempted from the obligation to perform military service in the event of a declaration of mobilisation and in wartime or who have been assigned to or have performed substitute service (Article 248(5)(5) of the Homeland Defence Act) shall not be called up for military training of PR soldiers.

The provincial commission for alternative service in the entity, hereinafter referred to as the ‘voivodship commission', shall issue a decision on assignment to alternative service. The voivodship commission shall be appointed and dismissed by the Voivodship Marshall. The voivodship commission shall be composed of the chairman of the voivodship commission and members of the voivodship commission, in the number of 5 persons. The decisions of the voivodship commission shall be made in the presence of at least 3 of its members. A person subject to military qualification shall submit an application for assignment to alternative service in the entity in writing to the competent voivodship commission, through the head of the military recruitment centre, no later than on the day of delivery of his/her card of appointment to compulsory basic military service. The head of the military recruitment centre sends the application referred to in paragraph 1 to the voivodship commission within 3 days of its submission by the person subject to military qualification. The voivodship commission issues a ruling within 30 days from the date of submission of the application. The person subject to military qualification and the head of the military recruitment centre within 14 days from the date of receipt of the decision of the voivodship commission may appeal to the commission for alternative service, hereinafter referred to as ‘the commission'. The application of a person subject to military qualification for assignment to alternative service in an entity shall be considered by the voivodship commission in the presence of the person subject to military qualification, at a time and place determined by the chairman of the voivodship commission. The decision of the voivodship commission, together with its justification, shall be delivered in paper or electronically to the person subject to military qualification and to the head of the military recruitment centre. More extensively: Articles 559 - 599 of the Homeland Defence Act.

We have no data on information is provided to conscripts regarding the possibility of applying for recognition.

In the event of refusal to perform alternative service military conscription is suspended but there is criminal liability.

Alternative service is administered by the Ministry of National Defence. It shall be carried out in state and local government units, therapeutic organisations that are not commercial entities, as defined by regulations on therapeutic activities, and public benefit organisations (service in such entities). Substitute service may also be performed in armed formations that are not part of the Armed Forces.

The duration of alternative service in civilian entities is 9 months for university graduates, 18 months for others. In armed formations the duration is 12 months.

Depending on need and availability, those who refuse military service are directed to establishments where they can perform civilian service. However, they may declare a preference for the place of service, although the final decision rests with the authorities responsible for the assignment.

People carrying out alternative service can generally remain in their permanent place of residence as long as the service is not jeopardised.

A person performing alternative service in the entity shall be entitled, for performing such service, to a monetary benefit in the amount of the minimum remuneration for work established pursuant to the provisions of the Act of 10 October 2002 on the minimum remuneration for work, as in force during the period of performing alternative service in the entity

Soldiers performing obligatory basic military service shall be entitled to emoluments in the amount of 50% of the lowest basic emolument of a professional soldier, in accordance with the principles specified in the regulations issued pursuant to Art. 437(4), however, in an amount not lower than the amount of the minimum remuneration for work established pursuant to the provisions of the Act of 10 October 2002 on the minimum remuneration for work.

Voluntary recruitment

Voluntary military service is governed by the Homeland Defence Act - Chapter 4 Division 1.

There is a diversity of forms of service:

• Professional military service: Designed for those planning a long-term military career.

• Territorial military service: Allows a combination of civilian life and military duties, which is attractive to those wishing to serve locally.

• Voluntary basic military service: Aimed at those who want military training without a long-term commitment.

The benefits for volunteers are:

• Salary: Those doing voluntary basic military service receive an allowance equal to the lowest basic salary of a professional soldier, which is from 4560 PLN.

• Priority in employment: Upon completion of their service, volunteers have priority for employment in public administration offices.

• Development opportunities: Military service offers numerous training courses and courses that improve professional qualifications and skills that are also useful in civilian life.

• Job stability: The military provides stable working conditions and numerous social benefits.

The minimum age for recruitment is 18; the initial term of service is 12 months.

We have no data on recruitment numbers or retention rates.

The number of persons who may be called up for active military service in 2025 and who may perform military service in reserve under:

1. professional military service - up to 16 000;

2. military exercises - up to 200 000;

3. active reserve - up to 30,000;

4. voluntary basic military service - up to 39,700, including for training purposes - up to 4,700;

5. territorial military service - up to 44 000.

We have no data on the number actually performing reserve service in a particular year or the duration of such service.

Conscientious objection during and after military service

In all forms of active military service where it is voluntary, it is possible to be dismissed at one's own request. In the case of compulsory basic military service, there is no such possibility.

The procedures for dismissal at the request of a soldier are specific to the form of active military service.

We have no information as to what information may be available to serving military personnel regarding the possibility for release on the grounds of conscientious objection; no such applications have been submitted to the Commissioner for Human Rights.

The current legislation does not provide for the possibility of a reservist applying for recognition as a conscientious objector. The Commissioner for Human Rights was approached by a Jehovah's Witness who had changed his religion after military training at university. When he was called for military training he appealed the Military Recruitment Centre's ruling to the Central Military Recruitment Centre (no complaint to the court), and also tried to ask the MRC to delete/change his military record, unfortunately without success. [ee under “Developments” above for the Jehovah's Witnesses own account of such cases.]

The Commissioner for Human Right addressed the Ministry of National Defence on these issues. The problem continues to be of interest to the Commissioner for Human Rights. More broadly:

1. Lack of provisions allowing conscientious objectors to opt out of military exercises: https://bip.brpo.gov.pl/pl/content/rpo-swiadek-jehowy-cwiczenia-wojskowe-odmowa-mon-odpowiedz

2. Right to court: https://bip.brpo.gov.pl/pl/content/rpo-sluzba-wojskowa-powolanie-sad-niemoznosc-skargi-mon-replika-odpowiedz

We await the response of the Ministry of Defence.

Asylum for conscientious objectors

We have no information on asylum requests from conscientious objectors; the Office for Foreigners will be competent for this request.

Militarisation of the education system

Defence education for high school, technical high school and upper secondary industrial school including requirements in: 1) responding to the threat of warfare, 2) cyber security with a military dimension and 3) shooting training. As of the 2024/2025 school year, shooting training has become a compulsory component of the security education curriculum in all secondary schools. [Confirming the information from the Jehovah's Witnesses quoted under “Developments” above.]

Volunteer military training of students and graduates of higher education institutions is carried out either concurrently with their education at a higher education institution or after graduation from a higher education institution, respectively. The training is provided in theoretical form at universities and in practical form at training centres, training centres and military units. The service is voluntary, which means that the Armed Forces should only have access to the volunteers concerned.

‘Education with the Army' is a 6-week educational and defence programme that was prepared and implemented in cooperation between the Ministry of National Education and the Ministry of National Defence. It consisted of specially prepared training sessions conducted by Polish Army soldiers in Polish primary and secondary schools.

Schools could enrol through their local governments. The programme was implemented throughout Poland - each municipality could register its school. The first training sessions started on 6 May 2024.

The primary objective of the programme was to raise awareness of children and young people in the area of security and defence and to develop basic habits and skills in defence and civil protection and behaviour in emergency situations. This is in response to contemporary security needs, challenges and threats.

The three-lesson training courses combined theory and practice. They included content from the areas of military, defence, security, medical assistance and civil defence. Among other things, students were introduced to key principles such as alerting, seeking and offering help, basic evacuation and shelter procedures, and how to provide support to others. Military trainers led these sessions in various school settings—classrooms, sports fields, and schoolyards. The primary aim was to deliver knowledge and practical skills in an engaging, age-appropriate, and approachable manner.

1. Population and armed forces figures are derived from The Military Balance 2025, published by the international Institute for Strategic Studies; military expenditure figures are estimates published by SIPRI (The Stockholm International Peace Research Institute) in April 2025. ⤴
2. INT/CCPR/ICS/POL/59325, September 2024 (for Human Rights Committee, 142nd Session). https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2FCCPR%2FICS%2FPOL%2F59325&Lang=en⤴