Sunday, August 16, 2020

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Syed Ahmed Uzair

Article Title

Muzzle Law of Poland: An attack on the Independence of Judiciary

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Global Views 360

Publication Date

August 16, 2020

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Andrzej Duda, the President of Poland

Andrzej Duda, the President of Poland | Source: Wojciech Grabowski via Wikimedia

On February 4, 2020 the president of Poland, Andrzej Duda signed a law that prohibits the country’s judiciary to question the appointment of judges by the President and bars them from being involved in political activities. The law also prohibits judges to seek guidance from the EU Court of Justice on appointments by the National Council of Judiciary (NCJ) of Poland.

Supreme court President Malgorzata Gersdorf | Source: Adrian Grycuk via Wikimedia

Opposition parties condemned the law and Supreme Court president Malgorzata Gersdorf termed it as “Muzzle Law”.

In December 2019, the Sejm, the lower house of the Polish parliament passed the bill that would penalize judges who criticize the judicial reforms of the ruling Law and Justice party. It was sent back by the upper house for further discussion and a vote. However Sejm, using its superior power, enacted the bill, which the president signed on February 4, 2020, making it a law in the country.

The SC of Poland had earlier ruled on December 5, 2019 that the NCJ is not an independent body. Again on January 23, 2020 the SC in a ruling termed the appointment of the judges by the NCJ as illegal stating their apprehension that they may not be free from political influence. The Justice Ministry, quite predictably termed the SC verdict as a “serious violation of the law”.

people rallying on road near buildings
Protests against Poland’s judicial reform | Source: Külli Kittus via Unsplash

The law has drawn criticism from lawmakers as well as legal scholars across Europe and the European Union. On 11th January 2020, hundreds of judges from across Europe marched in Warsaw to protest against the enacting of the controversial law. Thousands of lawyers and residents joined in with many waving Polish and EU flags as they marched from the SC to the parliament. "We have come here to support the Polish judges but we are not politicians. We are here about the rule of law, not about politics." John MacMenamin, an Irish Supreme Court judge, told reporters.

In February 2020, a group of 44 ICJ Commissioners and Honorary Members along with senior judges, lawyers and legal scholars from across the world released a statement in which they said, “it is clear that the separation of powers, the independence of the judiciary, and the capacity of Polish judges to uphold the rule of law are now severely compromised. Judges’ freedom of expression, association and assembly are under immediate threat.”

Ever since it came to power in 2015, The Law and Justice Party of Poland, has been working towards dismantling the independence of the judiciary, terming it  judicial reforms. There has been opposition to these actions by the opposition parties, judicial bodies as well as European Union.

EU flags at the European Commission Berlaymont building Brussels, Belgium | Source: Guillaume Périgois via Unsplash

Late in 2017, the European Union had initiated what it called “unprecedented proceedings” against Poland. The move was a response to the worrying reforms in the judiciary that were being enforced by the government. The EU had stated back then that these “systematic threats” could see Poland losing its EU voting rights.

On 29th April, 2020, The EU started a new legal case against the nationalist Polish government in response to the adoption of the “muzzle law”. The EU further added that it was giving Poland two months to address the issues pertaining to the law. “This is a European issue because Polish courts apply European law. Judges from other countries must trust that Polish judges act independently. This mutual trust is the foundation of our single market,” said Vera Jourova, the Czech member of the executive Commission who is responsible for upholding the EU’s democratic values at a news conference.

A few European legal scholars have warned that the developments in Poland are a threat to the entire legal system of the EU. Despite all the criticism and pressure from the EU, the Polish government is yet to respond meaningfully to the growing concerns over the assault on Poland’s judicial system and its potential EU exit.

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February 4, 2021 5:08 PM

Symbols of the racist past still prevalent in the United States

George Floyd’s recent death while in Police custody has sparked protests across the entire United States. While it did expose the way Black Americans are policed, it also initiated a much deeper conversation about the prevalent racism faced by Black Americans in almost all aspects of modern life.

Many symbols of the racist past still exist across the US, more so in the Southern states. The recent trigger of protests and the BLM movement has initiated a discussion about these symbols once again. While some argue that it is important to preserve these symbols owing to the American culture, the majority of the people seem to be agreeing that these are symbols of oppression and injustice.

Thomas D. Rice is pictured while performing his blackface role — Jim Crow | Source: Edward Williams Clay via Wikimedia

In the mid to late 19th century, white actors quite commonly employed the use of black grease paint to depict slaves and free blacks on stage. The technique commonly known as blackface was more than just facial makeup. Rather, it was used as a symbol for mocking the African-Americans as inferiors in every aspect of life.

Blackface seemed to have disappeared in the 1960s thanks to the Civil Rights Movement. It however reappeared in the 1980s on college campuses in the wake of steps taken to bring more African Americans to campus. An old yearbook picture from Langley School resurfaced recently revealing the then-principal and vice-principal dressed as whiteface and blackface for Halloween. The current leadership of the school have issued apologies stating that the incident should not have happened.

Despite a racist history surrounding blackface, a recent survey by Pew Research Centre revealed that nearly one-third of Americans surveyed did not find anything offensive in blackface being used at Halloween.

Newspaper ad for Aunt Jemima Buckwheat pancake mix, 1923 | Source: Chronicling America: Historic American Newspapers. Lib. of Congress

Aunt Jemima, a 130-year-old syrup and pancake mix brand owned by Quaker Oats depicts a black woman named Aunt Jemima who was originally dressed as a minstrel character. The company has earlier made tweaks to the picture of the black woman in response to the criticism it received for propagating a racial stereotype. In June 2020, Quaker Oats announced that the brand would be rejuvenated to feature a new name and image.

Image of Andrew Jackson, the seventh president of the United States | Source: Wikimedia

Andrew Jackson, the seventh US president and his family employed hundreds of enslaved people in building their wealth. However, to date, Jackson still haunts Black Americans with his presence on the twenty-dollar bills in the wallets of these Americans. The Trump administration’s decision to not replace the bill featuring Jackson with one that would feature abolitionist Harriet Tubman as proposed earlier does not help the nation’s troubled history with Racism.

Similar symbols of the US racist past exist across the entire country, starting from streets named after Confederate officers to congested highways specifically designed to ensure isolation of Black neighborhoods. Football and baseball games in the country still feature the national anthem penned by Francis Scott Key, a person who used his power as district attorney to prosecute Black men.

George Floyd’s death was the perfect trigger for all the anger and frustration against the systematic injustice that has been meted out to Black people. However, it also served well to initiate debates over the omnipresence of these racial symbols across the country that serve as memorials to slavery and white supremacy.

As many as 800 Confederate statues and monuments have been removed ever since the BLM protests erupted in the country. A few of these racial symbols in the US suffered the brunt of BLM protesters who defaced homages and toppled statues of founding fathers who had profited from slavery.

Those against the removal of these symbols argue that these men merely failed in morality due to the socio-political environment they inhabited. Alvita Akiboh, an assistant professor of history at the University of Michigan, however, disagrees with the notion. “Just because slavery was accepted among white elites or even the broader white population at the time does not mean it was accepted by everybody, because everybody includes Black people who were enslaved, indigenous people who were pushed off their lands in order to expand plantation slavery,” said Akiboh.

Others, including US President Donald Trump, have employed the notion of removing these symbols as the equivalent of “ripping American history and culture apart”. To this Akiboh voices her opinion saying that the majority of these symbols were erected decades after the civil-war conflict ended. She argues that they are merely “a reminder for Black and brown people to remember their place”.

As the BLM protests gain momentum and support globally the scrutiny of the racist symbols in the US shall increase manifold. With the government not willing to push for major reforms and removal of these racist symbols and an adamant public demanding an end to the systematic discrimination based on race, the road ahead for the recial relation in the US is a difficult and complicated one.

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