A/HRC/43/50/Add.1 and the media. Many of the proposed reforms have provoked great public controversy in Poland and the risk of sanctions from the European Commission. 17. Changing the rules governing the appointment and dismissal of judges has eroded the rule of law and the system of checks and balances in Poland. Respect for the Constitution and safeguarding of the independence of the judiciary, which ensures its implementation, are among the most important steps that must be taken to secure human rights generally and cultural rights, in particular, in the country. Many individuals facing violations of their cultural rights have indicated that the independence of the judiciary and the strength of the court system represented their best hope for justice and protection against abuse. The Special Rapporteur refers the Government to the relevant recommendations in the report of the Special Rapporteur on the independence of judges and lawyers on his mission to Poland 4 and stresses the importance of their full and timely implementation. B. System of cultural governance 18. The Special Rapporteur was glad to observe the great importance given in Poland to the cultural sector, as shown by the number of cultural institutions and programmes dedicated to supporting and promoting culture, both inside the country and abroad. However, there is a need for a formalized, detailed and overarching cultural policy that is grounded in international law and produced through a consultative process so as to avoid inconsistencies among departments in the pursuit of the protection and promotion of cultural rights for all and to assist citizens in claiming their cultural rights. 5 19. Through the numerous grant programmes of the various departments, the Ministry of Culture and National Heritage provides an important part of the funding made available to local and regional organizations for their activities. The Ministry thus acts in complementarity with regional and local governments, which also have their own budget and programmes to support cultural activities and initiatives and may provide joint support. The Special Rapporteur supports the continuation of this approach based on complementarity between the various levels of government and plurality of forms of support. Efforts aimed at overly centralizing cultural governance should be avoided. However, the Special Rapporteur would also encourage the authorities in the Ministry to engage in regular consultations with all stakeholders about the aims and objectives of the Ministry and its programming and any decisions that have an impact on the exercise of cultural rights, as these were reported to often be insufficient or inexistent. 20. The rules and processes for submitting requests for government grants are for the most part available on the Internet and easily accessible and, except for a small number of targeted programmes, the vast majority of grants seem to be open to all types of applicants and organizations. However, concerns have been expressed by various sources about the lack of transparency regarding the attribution of points in the evaluation of projects, especially those attributed for consistency with the strategic goals. There is a need to both clarify the general and strategic goals of grants and provide more detailed explanations for the scores attributed by the experts involved. 21. The Special Rapporteur regrets that she was not able to meet the Minister of Culture and National Heritage and that the Ministry did not take part in her official debriefing meeting with the Government. She nonetheless hopes that all departments of the Ministry will fully engage in the implementation of her recommendations. 4 5 A/HRC/38/38/Add.1. The Special Rapporteur takes note of the document entitled “Information of the Minister of Culture and National Heritage on the strategy and changes planned in the area of culture and national heritage, information for the meeting of the Council of Ministers on 11 October 2016”, which was provided to her and which refers to the State’s cultural policy and objectives. The Special Rapporteur has not, however, received a copy of an actual cultural policy document. 5

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