The Polish-German border problem arose at the time of the founding of the two German states. The political order imposed by Moscow excluded the conclusion of an agreement between Warsaw and Bonn. The only German state recognized as a communist state is the German Democratic Republic. Already in July 1950, the prime ministers of the Polish People's Republic and the GDR signed an agreement in Zgorzelec on the recognition of borders on the Oder and Nysa Łużycka.

Twenty years later, on December 7, 1970, the People's Republic of Poland and the Federal Republic of Germany signed the agreement “On the Basics of Normalization of Relations”, which meant the recognition of a common border line. It took almost two years to establish full diplomatic relations. The Christian Democratic Union was very vocal in its opposition to eastern policies. The Christian Democrats still remain loyal to the policies of Chancellor Konrad Adenauer, who rejected the possibility of reaching an agreement with communist countries and recognizing the border with Poland. In April 1972, they attempted to overthrow Willy Brandt, and when this failed, as a condition for accepting contract they urged the Bundestag to adopt a joint resolution declaring the agreement “temporary”. The downgrading of the treaty politically poisoned relations between the People's Republic of Poland and the Federal Republic of Germany until the end of the Cold War.

After the fall of the Berlin Wall and the communist regimes in Poland and the GDR, the prospect of unification of the two German states became real for the first time after World War II. Warsaw realized that this was an opportunity to finally solidify the borders established during the Potsdam Conference. On the day the borders between East and West Berlin opened, Chancellor Helmut Kohl visited Warsaw. Hours before the historic event, in a conversation with Prime Minister Tadeusz Mazowiecki, he stated that further diplomatic steps to recognize the Polish-German border were impossible: “No current German government can recognize the Oder-Neisse border in the name of Poland. all of Germany, which will only be created in the future”. Kohl feared that concessions to Poland would harm him in domestic politics. The Union of Expellees and other revisionist circles became the basis of his party. In November 1989, the creation of a single German state seemed far from the future. Just two weeks later, during a speech in the Bundestag, Kohl presented a program “overcoming the divisions of Germany and Europe”, which did not mention a single word about the border with Poland. Years later, Tadeusz Mazowiecki recalled that this was what “made him stand tall”. The last Prime Minister of the Polish People's Republic and the first Chairman of the Council of Ministers of the Third Polish Republic noted that German unification could take place without Warsaw's agreement.

Kohl's determination and the aspirations of the people of the GDR and FRG meant that, despite skepticism from the major powers, in the following year the issue of unification was discussed in a series of “2+4” conferences (GDR, FRG and France, Great Britain, United States, Soviet Union) . Poland took part in the Paris talks between the superpowers in July 1990. Minister of Foreign Affairs Prof. Krzysztof Skubiszewski and Prime Minister Tadeusz Mazowiecki assured the “big four” (especially the Soviet Union) support for Polish demands regarding the resolution of the border issue. The so-called Paris Protocol stated that “the borders of a united Germany will be final and cannot be called into question by any external events or circumstances.” At the same time, the foreign ministers of both German countries stated that the peace conference planned at the Potsdam Conference would not be held. Thus, the “Potsdam reservation” regarding the final settlement of the border issue no longer applies only when a peace treaty is concluded. In the “Agreement on Final Regulations with Respect to Germany” signed on September 12, 1990, signed by the “Big Four” and both German states, it was written that a unified Germany would include the territory of the Federal Republic of Germany and the GDR and would not have any territorial claims towards neighboring countries.

Although the Polish-German border enjoys international guarantees, the Polish government considers it necessary to conclude a bilateral agreement confirming the location of the border. Both German states also expressed their willingness to conclude such an agreement. At that time, the new non-communist government of the GDR became a kind of mediator in contacts between Bonn and Warsaw. The East German government advocated, among other things, supporting Poland's direct participation in all 2+4 meetings.

After negotiations ended in early November 1990, Chancellor Helmut Kohl proposed a solution that initially surprised Polish politicians. In a conversation with Prime Minister Mazowiecki, he said that the importance of the border agreement would be strengthened by its ratification simultaneously with the good neighbor agreement. Negotiations regarding this second agreement have just begun and the final form is not yet known. Kohl argued that the two documents together would form the basis for reciprocal relations in this new geopolitical situation in the European region. Poland accepted this argument.

“The agreement between the Republic of Poland and the Federal Republic of Germany on the confirmation of the borders existing between them was signed on 14 November 1990 by the foreign minister, Prof. Krzysztof Skubiszewski and Hans-Dietrich Genscher. The agreement consisted of only four brief points in which both sides stated to confirm (and not re-establish) the Polish-East German border agreed in 1950 and “to fully respect sovereignty and territorial integrity.” In their preamble, Poland and Germany referred to the long process of “understanding and reconciliation between Poland and Germany.”

In the “Agreement between the Republic of Poland and the Federal Republic of Germany on good neighborly relations and friendly cooperation” signed on June 17, 1991, both parties stated that “they will shape their relations in the spirit of good neighborliness and friendship and strive to creating a Europe where human rights and fundamental freedoms, as well as borders will lose their divisive character. They also stated that they will resolve disputes only by peaceful means. The Federal Republic of Germany has pledged to support Poland's efforts to join the European Community.

Both sides recognized national minorities as a “natural bridge” between the Polish and German states. They also stipulate that members of the German minority, as well as “persons in the Federal Republic of Germany who have German citizenship, who are of Polish origin or who recognize the Polish language, culture or traditions, have the right to freely express, maintain and develop their ethnicity, culture, language and their religion without any attempt at assimilation against their wishes.” The agreement obliges Poland and Germany to strive, in a spirit of mutual understanding and reconciliation, to resolve issues relating to cultural objects and archives.

The Bundestag ratified the agreement on 17 October 1991 by a majority vote, and the upper house of the Bundesrat adopted it unanimously on 8 November. The Sejm ratified both documents a day later – the border agreement with six abstentions, and the agreement on environment and cooperation with a majority vote. On 16 January 1992, Warsaw and Bonn exchanged instruments of ratification of the two treaties.

The ratification of the treaty marked the end of international law in the postwar period, and created the foundation for Polish-German relations in a new geopolitical reality. The agreements concluded in 1990–1991 are considered one of the most important elements of the reconciliation process that has been underway since the famous letter from the Polish bishops to the German bishops (1965).

https://dzieje.pl/

Michał Szukała (PAP)