A/HRC/43/50/Add.1
seek, receive and impart information and ideas of all kinds, regardless of frontiers, whether
orally, in writing or in print, in the form of art, or through any other media of one’s choice,
as a necessary condition for effectively taking part in cultural life and in debates shaping
society.
29.
However, in 2015, the laws amending the Broadcasting Act temporarily placed the
power to appoint and dismiss the management and supervisory boards of the public service
broadcasters in the hands of the Minister of State Treasury,7 which substantially eroded the
independence of public broadcasters8 and led to a large wave of dismissals of public media
staff, especially those working in management, editorial functions and foreign news. 9 This
trend of greater government control of the public media, which is contrary to constitutional
and legislative dispositions, has been widely reported as problematic.
30.
The argument of the public media authorities that private media mainly presents
other views than those of the Government does not justify predominant coverage of the
views of the ruling party in public media. It is the responsibility of public media to ensure
impartiality, to guard against political pressure and to provide space for a healthy,
democratic debate accessible to all. In addition, proposed measures to limit the shares of
foreign capital in the media landscape would disproportionately affect media outlets that
are critical of the current government.
31.
According to commitments made by the Government during the third cycle of the
universal periodic review, work to enhance the diversity of mass media and broaden access
to different media by the end of 2017 was being conducted jointly by the Ministry of
Culture and National Heritage and the National Broadcasting Council. Relevant measures
included reviewing the process for appointing and dismissing public radio and television
governing bodies to ensure conformity of the Broadcasting Act with the Constitution. 10 At
the time of her visit, the Special Rapporteur was not presented with an update on these
measures or on the review of the Act.
B.
Cultural heritage
32.
During her mission, the Special Rapporteur had the opportunity to visit three of the
country’s 15 World Heritage sites: the historic city centres of Warsaw and Kraków and the
former concentration camp of Auschwitz-Birkenau. She was impressed by the level of care
dedicated to reconstructing and maintaining these sites, which bears testimony to the
importance Poland gives to cultural heritage.
33.
Poland has established an impressive number of museums, public and private, and
takes seriously its obligation to protect cultural heritage, both in museums and in public
spaces, through numerous plaques and monuments. The Special Rapporteur was pleased to
learn about the many efforts made to protect and conserve heritage and to transmit, through
educational projects, the meaning of these resources to future generations. For example, she
was pleased to learn of efforts made to care for some Jewish cemeteries, including the
Jewish cemetery in Warsaw.
34.
Cultural heritage is important for the enjoyment of many human rights, including
cultural rights, and should be accessible to all. The record of Poland in this regard is
impressive: historical exhibitions are displayed in the streets, the monument to Chopin in
Łazienki Park is used as a venue for weekly free concerts by young musicians, Chopin’s
birthplace hosts school groups and offers free admission for people from the region, and
girl scouts are involved in commemorating the route of underground canals used during the
Warsaw uprising.
35.
Heritage resources and commemorative monuments invite continuous
reinterpretations and discussions about identity and social challenges. In Poland, for
example, statues have been used to raise awareness about attacks on the Constitution. The
7
8
9
10
Now known as the Minister of Finance.
See the ranking of Poland in the World Press Freedom Index between 2014 and 2018.
See https://mappingmediafreedom.org/index.php/2016/05/09/polands-political-cleansing-ofjournalists/.
A/HRC/36/14, para. 120.106.
7