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