A/HRC/43/50/Add.1
required by international human rights law, implemented in accordance with the framework
developed by the Special Rapporteur on the promotion and protection of the right to
freedom of expression.18
F.
Participation in civic space and cultural life
82.
The Special Rapporteur was pleased to note the widespread civic engagement with
debates regarding law reform and the culture of the rule of law across Polish society, and
salutes those taking part in it. She noted in particular the creative use of cultural resources,
such as statues and monuments, and of T-shirts to raise awareness about constitutional
rights protection and human rights education. She was, however, sorry to learn that at least
one person faced dismissal from a State-owned company for wearing a T-shirt bearing the
word “constitution” while not at work. While she shares the concern about the need to
protect monuments, the Special Rapporteur also regrets that charges of “defiling the
monuments” were brought against some of the persons responsible for these actions. She
has received no information suggesting that monuments were damaged.
83.
The Special Rapporteur received mixed reports regarding the space available for
Polish civil society action, which is important for securing cultural rights. On the one hand,
demonstrations are regularly organized by a variety of actors and the Special Rapporteur
was told that protection granted to participants by police forces was sometimes good,
including in the case of equality marches where participants sometimes felt safe. On the
other hand, there were shocking reports about the failure of police forces to protect peaceful
demonstrators against violent physical attacks and about abuses by the police forces
themselves, as well as lack of legal remedies from the prosecutor’s office in cases of abuse.
One worrying example concerns the reported intrusive body searches of female
demonstrators arrested for trying to stop the logging of the forest of Białowieża, a World
Heritage site.
84.
The right to freedom of assembly is generally respected in law and in practice but, in
recent years, protesters have increasingly risked surveillance, intimidation, physical attacks
by counter protestors and sometimes even use of force by the authorities, arrest and
prosecution for their activities.
85.
In 2017, a law created the National Institute of Freedom, which was tasked with
distributing public funding for non-governmental organizations, including money from the
European Union. Many of those on the Institute’s council are appointed by the Council for
Public Benefit Activity Work, which is chaired by a member of the Cabinet. Domestic and
international critics of the law creating the Institute warned it could be used to muzzle
criticism of the ruling party and to deny funding to projects that did not match the ruling
party’s perspective and priorities.
86.
In terms of participation in cultural life and artistic freedoms, the Special Rapporteur
commends the engagement of local governments in supporting cultural events in public
spaces and artistic productions. She appreciates the work of civil society initiatives and
public-private partnerships, such as the Villa Decius Association, to create spaces for
artistic exchange. She was, however, concerned about reports of censorship of movies and
plays, and recalls that censorship of cultural activities and artistic expression violate not
only the right to freedom of artistic expression of those involved in the production, but also
the rights of all to access and enjoy the creativity of others, to access a diversity of ideas
and opinions and to take part in public debates about social controversies. Censorship
hampers freedom of opinion and full democratic participation. If limits are deemed
necessary to protect legitimate goals, in accordance with article 20 of the International
Covenant on Civil and Political Rights, the authorities should rely on rating and
classification procedures. These should be user-friendly and transparent.19
18
19
A/67/357.
A/HRC/23/34, paras. 25–39, on international standards on acceptable limitations of freedom of
artistic expression, and paras. 57–64, on censorship and classification systems.
15