Ordo Iuris and the Polish community in Norway in defence of Polish families and the Consul of the Republic of Poland

Ordo Iuris

The decision by the Norwegian authorities to expel the Consul of the Republic of Poland, Dr. Sławomir Kowalski, has provoked a widespread criticism. First of all, it met with a disapproval by the local Polish community. Its representatives organised a demonstration in front of the Embassy of the Kingdom of Norway in defence of the Polish consul. A letter was also submitted in which the Ordo Iuris Institute and the Solidarity Trade Union in Norway demand procedural changes that would be beneficial for Polish families in Norway.

Dr. Sławomir Kowalski is renowned for helping many Polish families against oppressive actions by the Barnevernet office. In 2016 he was awarded the title of "Consul of the Year" by the Polish Ministry of Foreign Affairs. The Ministry  indicated that the award is "a tribute to all those who fight for Polish children and the dignity of the Polish family abroad".

Nevertheless, early this year, the Norwegian authorities decided to expel Dr. Kowalski. After Oslo recognised him as a persona non grata, the Polish side informed about taking similar steps towards the Norwegian consul in Warsaw. A film was also published on the Internet showing how the Norwegian police violate international consular law, preventing Sławomir Kowalski from meeting a Polish citizen. The petition in defence of the consul, made available at maszwplyw.pl, has so far been signed by over 30 thousand people.

In front of the Embassy of the Kingdom of Norway in Warsaw a demonstration took place to protest against the dismissal of the consul. The event was organised by the Polish community in Norway. A letter was submitted to the Embassy, whose authors demanded that "procedural guarantees beneficial for parents and their children" be introduced in Norway.

They expect:

1. 1. to ensure the participation of an interpreter at each stage of the trial in order to eliminate the language barrier preventing parents and their child from fully participating in the proceedings;
2. to inform the consular authorities of the Republic of Poland about any case of Barnevernet's interference in the functioning of families of Polish citizens entering the territory of the Kingdom of Norway;
3. to guarantee the right of direct contact between Polish citizens and the Consul of the Republic of Poland;
4. to subject to an immediate review by an independent court the decisions to restrict or remove custody of the child or parental rights. The decision to remove the child must be justified and delivered to the parents and explained to the child in a manner that the child understands;
5. to transfer the removed children to foster families in Poland and under the jurisdiction of a Polish court, in accordance with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children;
6. 5. to respect the child's right not to break his or her ties with the parents. To guarantee the child's right to maintain regular personal relationships and direct contact with the mother, father, siblings, grandparents, even if the parental rights of the parent have been denied;
7. to stablish a system of support for families whose children have been taken away. Providing them with legal and psychological care;
8. not to separate siblings if more than one child is taken away from their parents; to ensure that the child taken away from parents is first placed in the care of further relatives;
9. to ensure that the decision to entrust custody of the child to third parties is periodically reviewed in order to assess whether it would not be appropriate to return the child under parental custody, taking into account the child's best interests and its opinion;
10. to ensure that the placement of the child in the care of third parties takes into account the child's religious, ethnic and cultural identity and respects the bond between the siblings;
11. to establish permanent supervisory bodies and to ensure parliamentary scrutiny over social welfare institutions;
12. to establish a joint Norwegian-Polish intergovernmental commission for ongoing monitoring of the implementation of the above points.