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The support of LGBT organizations by ambassadors violates the Vienna Convention

Published: 23.06.2022

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· Once again, a manifestation of the LGBT movement is to take place in Warsaw. This year, the event will be combined with the Ukrainian "Kyiv Pride" and is scheduled for June 25.

· A year ago, some representatives of diplomatic missions in Poland took part in the demonstration. Dozens of embassies expressed their support for initiatives promoting a thorough reconstruction of the Polish legal order through the implementation of ideological postulates.

· The Ordo Iuris Institute has prepared an opinion in which it indicates that all forms of involvement of diplomatic representatives, expressing support for the demands of LGBT organizations operating in Poland, are inconsistent with the current Vienna Convention.

· Earlier, the Institute sent a letter to the embassies on this matter.


The opinion is based on five language versions of the Vienna Convention: Polish - non-binding and on English, French, Spanish and Russian, which in turn have the value of authenticity (Article 53). The prohibition of interference in the internal affairs of a state is a specification of a customary principle of international law, known as the principle of non-interference or the principle of non-intervention. In the doctrine of international law, this principle is "the corollary of every state's right to sovereignty, territorial integrity and political independence". The principle of non-interference has a broader meaning than the prohibition specified in Art. 41 paragraph. 1 of the Vienna Convention, it applies to all state organs and all activities that violate the sovereignty of another state. This is the case where there is mere interference by one country in the affairs of another and where the interference relates to a matter where the host country has discretionary powers. The interference may consist in military actions, financing of subversive political organizations, economic sanctions imposed in order to force a change in state policy or a propaganda, defamatory campaign in the mass media.

From the point of view of Art. 41 paragraph. 1 of the Vienna Convention, it is at least undesirable for representatives of foreign countries in Poland to express their views on the postulates formulated by LGBT organizations in the host country. There is no treaty authorization that would authorize any state to exert pressure on Poland - even in a soft form - to amend the Constitution of the Republic of Poland and applicable laws, and to institutionalize same-sex relationships or to redefine gender. Therefore, all forms of involvement of diplomatic representatives expressing support for the postulates of LGBT organizations operating in Poland are inconsistent with the binding article of the Convention.

- Some Western countries are of the opinion that soft interventions in the affairs of another country are entitled if they are caused by concern for respect for human rights in a given country, while such a position is in contradiction with the UN Declaration on the Principles of International Law Concerning Friendly Relations and Cooperation states in accordance with the United Nations Charter, which clearly states that "no state or group of states has the right to interfere directly or indirectly, for any reason, in the internal or external affairs of any other state" - emphasized Weronika Przebierała, director of the Ordo Iuris Center for International Law.

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