Religious freedom and the state-church agreement


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RELIGIOUS FREEDOM

and the

STATE-CHURCH AGREEMENT



CONTENTS

I. Decree Protecting Freedom of Conscience and Religion

II. Agreement Concluded Between the Representatives of the

Polish Government and of the Roman Catholic Episcopate
of Poland

Issued May 1950

A copy of this material has been filed with the Foreign Agents Registration
Section, Department of Justice, Washington, D. C., where the registration state-
ment of the Polish Research and Information Service, 250 West 57th Street,
New York City, as an agent of the Polish Government, is available for inspec-
tion. The fact of registration does not indicate approval or disapproval of this
material by the United States Government. o^^^>264



Decree

Protecting Freedom of Conscience

and Religion

(Passed by the Council of Ministers, August 5, 1949)

I

The Polish Government guarantees freedom of con-
science and religion to all its citizens.

II

Whosoever infringes on the rights of a citizen because
of his creed or absence of religious affiliation is liable to

imprisonment up to five years.

III

Whosoever forces another person to participate in re-
ligious worship or whosoever prevents another person
from participating in such worship is liable to imprison-
ment up to five years.

IV

Whosoever misuses religious freedom by refusing to let
another person participate in a religious ceremony because
of his political, social or scientific activities or beliefs is

liable to imprisonment up to five years.

y
Whosoever outrages the religious feelings of others by

publicly desecrating religious objects or places of worship

is liable to imprisonment up to five years.

1



VI

Whosoever publicly foments religious conflicts or sanc-
tions them is liable to imprisonment up to five years.

VII

1. Whosoever publicly insults, scoffs at, or humiliates a
group or an individual because of religious affiliations or
convictions or because of absence of religious affiliations

is liable to imprisonment up to five years.

2. Whosoever commits physical violence against a per-
son because of his religious convictions or absence of re-

ligious affiliations is liable to the same punishment.

3. Whosoever commits any other criminal act against
a group or an individual because of religious affiliations,
convictions or absence of religious affiliations is liable to

imprisonment.

4. If any action described in Paragraph 3 results in
death, serious injury, disturbance of peace and order, or
jeopardy to public safety, the person committing the act is
liable to imprisonment for a period not less than three
years, for life, or the death penalty.

VIII

1. Whosoever misuses religious freedom and freedom
of conscience to pursue aims hostile to the form of govern-
ment of the Polish Republic is liable to imprisonment for
a period not less than three years.

2. Whosoever makes preparations to commit an act in
violation of Paragraph 1 is liable to imprisonment.

IX

Whosoever misuses religious freedom for personal gain,
takes advantage of human credulity by spreading false
rumors, or by misleading others through deception and
overt acts, is liable to imprisonment.

2



X
Whosoever takes part in an agreement, the purport of

which is the commission of any crime under Articles 3 to
9, or whosoever deliberately joins a crowd which collec-
tively commits such a crime, is liable to imprisonment.

XI

Whosoever contrary to his duty fails to intervene in the
commission of such a crime is liable to five years maximum
imprisonment.

xn
Whosoever in any manner instigates, encourages, rec-

ommends or publicly sanctions the committing of a crime
defined in Articles II and XI is liable to imprisonment.

XIII

Whosoever is found guilty under this decree may be
deprived, by the court, of his public and civil rights.

XIV

All cases arising under this decree are under the juris-

diction of Courts of Appeal.

XV
The provisions of the Criminal Code of 1932 and the

Decree of July 15, 1946 concerning crimes especially dan-

gerous during the period of national reconstruction are

set aside in cases arising under the present decree.

XVI

The Minister of Justice is charged with the execution
of this decree.

XVII

The decree goes into effect upon the day of publication.

3



Agreement Concluded

Between the Representatives

of the Polish Government

and of the

Roman Catholic Episcopate of Poland

For the purpose of assuring the People’s Poland and its
citizens the best opportunity for development and peace-
ful work, the Polish Government which advocates respect
for religious freedom, and the Polish Episcopate which is
concerned with the welfare of the Church and the inter-
ests of the State, agree to regulate their relationship in the

following manner:

I

The Episcopate shall urge that in the course of the
clergy’s pastoral duties and in accordance with the teach-
ings of the Church, the clergy teach the faithful respect for
law and the authorities of the State.

II

The Episcopate shall urge that in the course of the
clergy’s pastoral duties, the clergy call upon the faithful to
intensify their work for the reconstruction of the country
and the advancement of the nation’s welfare.

III

The Polish Episcopate states that economic, historic,
cultural and religious reasons and also historic justice de-
mand that the Recovered Territories should belong to
Poland forever. Basing itself on the premise that the Re-
covered Territories form an inseparable part of the Repub-

4



lie, the Episcopate shall address a request to the Holy See
that those Church administrations now holding the rights
of residential bishoprics shall be converted into permanent
episcopal dioceses.*

IV

To the extent of its ability the Episcopate shall oppose
activities hostile to Poland and particularly the anti-Polish
revisionist actions of a part of the German clergy.

V
The principle that the Pope is the competent and su-

preme authority of the Church refers to matters of faith,
morals and Church jurisdiction; in other matters, how-
ever, the Episcopate is guided by the interests of the
Polish State.

VI

Basing itself on the premise that the mission of the
Church can be fulfilled within various social and economic
systems established by secular authority, the Episcopate
shall explain to the clergy that it should not oppose the
development of cooperatives in rural areas since the coop-
erative movement is based essentially on the ethical ele-
ment in human nature directed toward voluntary social
solidarity which has as its goal the welfare of all.

VII

In accordance with its principles and in condemnation
of all acts against the Polish State, the Church shall oppose
particularly the misuse of religious feelings for anti-State

purposes.

*The Recovered Territories, approximately 39,000 square miles in area, are
territories taken from Germany and given to Poland by decision of the United
States, the Soviet Union, and Great Britain at the Potsdam Conference in
August, 1945. The area is referred to by Poles as Recovered Territories for the
reason that they are ancient Polish lands. While Polish bishops administer the
dioceses of the Recovered Territories the Holy See has not yet recognized them
as a permanent part of Poland.

5



VIII

The Church which condemns all crime in accordance
with its principles shall combat the criminal activities of
underground bands and shall denounce and punish under
canon law those clergymen who are guilty of participation
in any underground activities against the Polish State.

IX

In accordance with the teachings of the Church, the
Episcopate shall support every effort toward strengthen-
ing peace and oppose, to the extent of its ability, every
attempt to provoke war.

X
Religious instruction in schools:

A. The Government does not intend to reduce the pres-
ent status of religious instruction in schools; the program
of religious instruction will be worked out by school au-
thorities together with representatives of the Episcopate;

the schools will be supplied with appropriate textbooks;
lay and clerical instructors of religion shall be treated on
an equal footing with teachers of other subjects; super-

visors of religious instruction shall be appointed by the
school authorities in consultation with the Episcopate.

B. The authorities will not place obstacles in the way
of students wishing to participate in religious practices

outside the schools.

C. While existing schools which are Catholic in char-
acter shall be continued, the Government shall require
that these schools carry out instructions loyally and fulfill
the program as determined by State authorities.

D. Schools run by the Catholic Church will enjoy the
privileges of State schools in accordance with the general

principles defined by the appropriate laws and the regula-
tions of the school authorities.

6



E. Where a school is established which provides no re-
ligious instruction or where a school is transformed into
one which does not provide for religious education, those
Catholic parents who so desire shall have the right and the
opportunity to send their children to schools where re-
ligion is taught.

XI

The Catholic University of Lublin shall be permitted
to continue the present scope of its activities.

XII

Catholic associations shall enjoy the same rights as here-
tofore after satisfying all requirements provided in the

decree concerning associations. The same principle shall
apply to the Sodality of St. Mary.

XIII

The Church shall have the right and the opportunity
to conduct its activities in the fields of charity, welfare, and
religious education within the framework of existing regu-
lations.

XIV

The Catholic press and Catholic publications shall
enjoy privileges as defined by appropriate laws and the
regulations of the authorities, and on an equal basis with
other publications.

XV
No obstacles shall be placed in the way of public wor-

ship, traditional pilgrimages and processions. In accord-
ance with the requirements for maintaining public order,

arrangements for such ceremonies shall be made in consul-
tation between Church and administrative authorities.

7



XVI

The status of military chaplains shall be defined by a
special regulation to be worked out by military authorities
in agreement with representatives of the Episcopate.

XVII

Religious ministrations in penal institutions shall be in

the hands of chaplains appointed by appropriate authori-
ties upon recommendation of the diocesan bishop.

XVIII

In State and community hospitals religious ministration
for patients who desire it, will be in the hands of hospital
chaplains who shall be remunerated through special agree-
ment.

XIX

Religious orders shall have full freedom of activity
within the limits of their calling and within the frame-
work of existing laws.

Signed in Warsaw on April 14, 1950

Wladyslaw Wolski
Minister of Public Administration

Edward Ochab
Vice-Minister of National Defense

Franciszek Mazur
Member of Parliament

Bishop Zygmunt Clioromanski
Secretary of the Episcopate

Bishop Tadeusz Zakrzewski
(Plock Diocese)

Bishop Michal Klepacz
(Lodz Diocese)

8



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