Sunday, August 16, 2020

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

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Syed Ahmed Uzair

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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 13, 2021 8:54 PM

Black Lives Matter: Looking back at the journey of racial justice movement as a Nobel Peace Prize Nominee

The killing of George Floyd by a police officer in the state of Minnesota, has confronted the people of the United States in particular and the Western World in general about the existence of deep-rooted racism which has remained even after the Civil Rights movement and many decades of progress.

The years of racial discrimination led to the emergence of the Black Lives Matter (often abbreviated as BLM) movement. The BLM movement has been nominated for the 2021 Nobel peace prize as well.

This article explains the BLM movement, it's nomination for the Nobel Peace Prize as well as its symbolics importance in the lives of the black people. In other words, it looks back at the journey of this racial justice movement as a Nobel Peace Prize Nominee.

What is the Black Lives Matter movement?

The BLM movement started in 2013 after George Zimmerman—a white man—shot dead—black teen—Trayvon Martin—to death in 2012. The term “Black Lives Matter” was taken from the tweet of a woman named Alicia Garza, which turned into a trending hashtag and later into the name of the whole movement, co-founded by herself, Patrisse Cullors, and Opal Tometi.

The movement aims at equality and racial justice for Black people and highlights the injustices and oppression against them.

Furthermore, there is also strong resistance from the police and usage of military weapons against the black protestors as compared to the white ones, a kind of systematic racism which was clearly visible during the Storming of the Capitol Hill.

When a black person named George Floyd was killed by a white police officer in Minnesota on 25 May last year, the movement gained momentum and there were solidarity protests not only in America, around the globe—including countries like the UK, France, Australia and Germany. There were even violent protests in some parts of the US, and in some places the right wing groups clashed with these protestors.

The Movement Growing Profusely

A pro-right wing ruling government, where the President himself was criticised for being racist on several occasions and the upcoming elections led to increasing dissent—furthering the growth of the movement. George Floyd became the face of the movement along with many other black people who lost their lives before due to systematic racism—some names in the unfortunately endless list were Breonna Taylor, Ahmaud Arbery, . The movement also started getting the support of Hollywood celebrities, who supported the movement on their social media handles.

Amidst of all this, a similar killing of yet another black person, named Jacob Blake happened, which sparked the protests further.

“The group has called for defunding the police for at least five years”, Black Lives Matter Los Angeles co-founder Melina Abdullah told CNN. Some of the protestors believe that defunding the police could decrease such incidents.

In June, after pressure from BLMLA and massive protests, the Los Angeles City council unanimously approved a measure to develop an unarmed model of crisis response that would replace police officers with community-based responders for nonviolent calls.

Corrine Basabe, a black woman, started the George Floyd Justice Billboard Committee. Because of that, there are also billboards in cities like Los Angeles, New York and Washington DC, which are made for people to see regarding the Black Lives Matter movement and the killing of George Floyd. This way, many people driving through the roads could be reminded of what happened.

Featuring an oil painting by New York City artist Donald Perlis, a white, the billboards also include a quote from the Rev. Martin Luther King Jr.: "Injustice anywhere is a threat to justice everywhere." His painting was also displayed in New York’s Times Square.

When asked what she hopes for BLM's future, co-founder Patrisse Cullors said she knows the movement will win. "I know this because our work is full of love, healing and dignity," she said. "And we centre Black people's humanity and life over our death and decimation."

Backlash

The movement faced backlash from various right-wing groups like The American Patriot and Proud Boys. There was a slogan “All Lives Matter” from the Anti-BLM protestors, which minimises the problems faced by the black community in their daily lives. The then President Donald Trump also refused to condemn the right-wing groups and he defended the police instead of supporting the Black people’s cause.

In Arizona, Rep. Walt Blackman, a Black GOP member of the Arizona Legislature labelled BLM as a “terrorist organisation” in an interview with Fox News Radio affiliate KFYI.

There are a lot of post-truth narratives defaming the BLM movement.

Nomination for Nobel Peace Prize

As mentioned earlier, the BLM movement has been nominated for the 2021 Nobel peace prize, for the way they spread and called for a systematic change in the world, through non-violent protests. It has been nominated by a Norwegian MP.

In his nomination papers, the Norwegian MP Petter Eide said the movement had forced countries outside the US to tackle racism within their own societies.

“I find that one of the key challenges we have seen in America, but also in Europe and Asia, is the kind of increasing conflict based on inequality,” Eide said. “Black Lives Matter has become a very important worldwide movement to fight racial injustice. They have had a tremendous achievement in raising global awareness and consciousness about racial injustice.”

He said that one other thing that impressed him about the BLM movement was the way “they have been able to mobilise people from all groups of society, not just African-Americans, not just oppressed people, it has been a broad movement, in a way which has been different from their predecessors.” He has previously nominated human rights activists from Russia and China for the prize.

His written nomination concludes: “Awarding the peace prize to Black Lives Matter, as the strongest global force against racial injustice, will send a powerful message that peace is founded on equality, solidarity and human rights, and that all countries must respect those basic principles.”

Nominations for the Nobel peace prize are accepted from any politician serving at a national level, and they are allowed only 2,000 words to state their reasons. This year’s deadline was February 1, and the committee prepares a shortlist by the end of March. The winner is chosen in October and the award ceremony is scheduled for 10 December. The World Food Programme was the winner last year.

The movement deserves the nomination, and if it is declared the winner of the Nobel Peace Prize, then it’s going to be a huge win for the Black people and will give a push towards an ideal where there will be no racism.

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