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 4:48 PM

Bias and Nostalgia in Hergé’s Tintin

Some of my fondest memories involve sitting under the guava or the European gumtree, perched on the wall of our garden as the sunlight dappled on an old copy of a Tintin comic. For some years, at least, before the gumtree was cut down, the leaves bore witness to me following the globe-trotting adventures of the Belgian reporter, replete with hilariously-named companions and witty play of words. My nostalgia is as much for the inked characters and words on the paper, as for the musty smell of the oft-thumbed and yellowed pages of the comic, and the permanently romanticized view of the sunny garden. The comics have left a palpable imprint on my sense of humour and love of a certain kind of literature. And perhaps it is this imprint, along with my pleasant nostalgia, that makes it a struggling task to accept Hergé’s racism through his Tintin comics.

Hergé’s (or Georges Prosper Remi’s) writings were, undeniably, a product of their times. His first two series in the Adventures of Tintin comics, Tintin in the land of the Soviets (1929) and Tintin in Congo (1931), have famously been the subject of much debate, since the late 1900s. In Soviets, Hergé offers a crude critique against Marxism – meant to inculcate anti- Soviet sentiments in the European youth at the time, by portraying the Bolsheviks as inherently evil without a full comprehension of how they rose to power or what their political views were.

In Congo, African tribes and leaders are portrayed as either infantile, or in need of saving, to the extent that Tintin becomes the embodiment of fairness for young Africans, even having a temple made after him. Congo itself was a colony of Belgium from 1908 to 1960, one of the two colonies that Belgium governed, and the comics grossly ignore the labour politics of the Congolese and their efforts in both the World Wars. It was not until after the decolonisation of Africa that European perception of ex-African colonies changed.

Much of the modern debate surrounding the banning of select Tintin comics is centred around the depicitons of big-game hunting in Congo and the anti-Semitism in the The Shooting Star. Besides the uncomfortable portrayals of the Congolese, a few panels in the 1931 edition of Congo depicted Tintin drilling a hole into a live Rhinoceros, filled with dynamite, and blown up. In the 1946 edition, this scene was replaced, with Herge apologizing for what he recognized as “youthful transgressions''. In the Shooting Star, the villainous financer was renamed, from the Jewish Blumstein to the innocuous Bohlwinkel.

Hergé’s subsequent works became politically neutral, written after the German occupation of Belgium and the German takeover of Le Vingtième Siècle, the conservative Catholic newspaper he wrote for. While the white-saviour narrative continued with Tintin leading as the embodiment of Europe that “natives” had to follow, the later works are much less politically biased.

However, he prefaced Tintin in America with a critique against the racism in the United States, alongside his anti-imperial stance in The Blue Lotus. He is also known, famously, for not joining with the far-right extremist forces in German-occupied Belgium at the time, as many of his colleagues had. Michael Farr, a British expert on The Adventures of Tintin series, claimed after a meeting with Hergé that “you couldn’t meet someone more open and less racist”. Others have called him an opportunist, heaving towards the side that was popular. Perhaps this was indeed the case, or equally, perhaps Hergé did change his views, and his writings in Soviet and Congo are merely reflective of the predominant Belgian culture at the time.

At any rate, the question still remains: how do we read, or re-read, Hergé (or many such childhood-favourite authors, like Dr. Seuss)? Shelving the books and forgetting the authors is undoubtedly impossible, and misguided besides. A recognition of the biases, and a plethora of context surrounding these texts must be made available at all times. A celebration of a character or a person must not come at the cost of ignoring their uncomfortable stances.

The depiction of Africa in 20th century comics has been abysmal. A tendency of depicting the 'other' as a 'noble-savage' is a familiar concern to those readers who have spent much of their lives in recently liberated colonies. It is, perhaps, especially imperative for such readers to keep this in mind and not repeat them.

In our Consumerist times, it seems, we sometimes forget to start dialogues on themes that are unfamiliar and maybe even uncomfortable to us. We forget which stories desperately need to be told and which have not seen the light of day under the shadow of popular literature.

This, at least, is what I have strived to do: to maintain a balance between nostalgia and a recognition of biases. My memory of the Tintin comics will remain just as romantic as the idyllic memory I started with in the beginning of this article.

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