A/HRC/43/50/Add.1 III. Implementation of cultural rights in Poland: specific issues A. Independence of cultural institutions and media 22. The Special Rapporteur was told repeatedly that the key objectives of the Ministry of Culture and National Heritage are to ensure diversity of cultural offerings, the independence of cultural institutions and the exercise of scientific and artistic freedoms, and that it does not have a say in the content of cultural projects and productions. These are laudable objectives. The legal framework in this regard is indeed very clear. 23. However, the Ministry is involved in selecting both the experts who assess projects submitted to the funding programmes and the directors of national cultural institutions, and the programmes of these institutions are subject to the approval of the Minister. This implies a rather large influence on the orientation of cultural and artistic programming. For the directors and staff of cultural institutions, the fact that some members of the ruling party have not agreed with their artistic and cultural choices has translated into repeated criticism in public media and, sometimes, into prosecutions and investigations. In some particular cases, this has even led to dismissals. 24. The Special Rapporteur was concerned to hear that some in the cultural field were beginning to engage in self-censorship to protect themselves and their institutions, and that a few highly skilled cultural professionals were making plans to leave the country, which is an important loss for the quality of cultural life. 25. The dissolution of Paweł Machcewicz’s contract as director of the Second World War museum in Gdańsk and the ongoing efforts to modify or displace the museum’s original permanent exhibition because it was deemed too universalist is emblematic and well documented.6 The Special Rapporteur is concerned that Mr. Machcewicz continues to face investigation and interrogation ostensibly targeting corruption but actually motivated by the fact that his depiction of the history of the Second World War diverges from the ruling party’s official version. He may require costly legal representation as a result. Moreover, the Special Rapporteur also met with other directors and former directors of cultural institutions who have experienced similar pressure to conform. Such coercion is unacceptable in the field of culture. 26. For the organizers of the Malta theatre festival in Poznań, pressure from authorities who disapproved of one of the programmed guests translated into denying previously agreed funding for that year. In the case of the POLIN Museum of the History of Polish Jews, although its sophisticated and educational content has been attacked repeatedly in the media by representatives of the ruling party in an attempt to discredit or influence it, experts in the country note that it has been able to maintain its independence because only one third of its budget comes from the Government. However, as of November 2019, its director was awaiting confirmation that his contract has been renewed, despite having been chosen in a selection process. Ultimately, the now former director’s contract was not renewed and he stepped aside to enable the museum to continue its work. 27. The role of the Ministry must remain one of ensuring diversity of offerings and programming and the conditions for the exercise of the right to scientific and artistic freedom, as these aspects guarantee a rich and dynamic cultural life and enhance creativity. Authorities must avoid using their influence on cultural institutions to impose a political orientation on cultural programming or to insist on a static and homogenous vision of Polish culture. 28. The same safeguards for diversity and pluralism apply to the media landscape. Article 21 of the Broadcasting Act stipulates that public radio and television should be pluralistic, impartial, well balanced and independent. Article 2 of the Press Act clearly states that State bodies have an obligation to create the necessary conditions for a diversity of press outlets, programming, subjects and attitudes to be present and accessible in the public realm. This is coherent with the obligation in international law to ensure the right to 6 6 Paweł Machcewicz, The War that Never Ends; The Museum of the Second World War in Gdańsk, (Munich, De Gruyter Oldenbourg, 2019).