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 4:50 PM

Has Hollywood finally decided to fight “Reel Life Racism”

Back in the 1960s, when the Civil Rights Movement was slowly gaining momentum in the United States, broadcasting services were employed to gather support for the movement. Images of various kinds of atrocities and violence being rendered to nonviolent Black demonstrators were broadcasted into American houses to raise awareness about the movement.

However, the response of Hollywood so far can be explained in a single word- tragic! Hollywood as a major media and content producer has massively shaped the American culture. However it has not much to show as a positive influence on race issues.

A classic 1940’s musical movie, Holiday Inn had the famous song in which White stars performed in blackface. In a 1980s hit, “Indiana Jones and the Temple of Doom” the Indians are depicted as barbaric and uncivilised. The list of such racial stereotypes is huge to be reproduced here.

Legendary Hollywood actor John Wayne made highly offensive comments in a playboy interview. His exact words are, “I believe in white supremacy until the Blacks are educated to a point of responsibility. I don't believe in giving authority and positions of leadership and judgment to irresponsible people.” He further goes on to make a series of comments, that ideally should not be coming from someone with so much influence in Hollywood.

Many legendary actors and industry icons too have struggled due to racism in Hollywood. Bruce Lee is a fine example of a person who fought against racism in the industry and refused to be cast in many roles that portrayed Chinese people in a negative light. He ultimately moved back to Hong Kong, partly due to the lack of appropriate roles. Actress Lucy Liu has also spoken about how she was too naïve to understand back in the early days as to why her friend would get multiple auditions every day, while she managed two or three in a month.

In 2015, there was a massive uproar regarding the Oscar winners after the academy awarded all 20 nominations to white actors. It quickly gained momentum with the hashtag #OscarsSoWhite becoming a global trend. Before #OscarsSoWhite, no one would have bothered to notice that 86% of top films predominantly featured white actors.

As per a Washington Post survey, film directors who ranked as the most influential decision-makers at Hollywood were predominantly whites. Hollywood might stress for newer reforms against racism on the big screen but that is not the reality at all. To put things into perspective, the Hollywood academy has never revealed information about the diversity of its members involved in the branches of the academy, such as writers, directors, etc.

The response of Hollywood movers and shakers was always akin to a tokenism, a call to push for producing more content involving black writers, producers, and actors.

George Floyd’s death was just the trigger it needed to burst out in the open the pent up anger over the centuries of discrimination, oppression, and systematic injustice meted out to black people. The way black people are portrayed in reel life directly impacts society’s attitude towards them in real life.

People started demanding that Hollywood production companies and studios should involve the people from the community in the decision-making process when the movie plot is based considerably on the members of those communities. They have also demanded that older movies depicting racially insensitive narratives should be taken out of circulation.

Disney, one of the most reputed names in Hollywood, chose to remove the movie “Song of the South” from US distribution, when the criticism for the movie grew, even though it remains available for those who know where to look. They have also announced the plan to revamp the famous Splash Mountain ride at Disneyland and Disney World to include the character of Princess Tiana- Disney’s first African American princess from the movie The Princess and the Frog.

UK TV broadcaster Sky has added a disclaimer to approximately a dozen films stating, “This film has outdated attitudes, language and cultural depictions which may cause offence today."

HBO max recently pulled the iconic film, Gone with the wind because of its controversial depiction of black stereotypes. It returned with a four and a half minute introductory video by black scholar Jaqueline Stewart for a better understanding about racism.

Ever since the resurfacing of the playboy interview of John Wayne, students and alumni at USC have been protesting against Wayne’s exhibit at the campus. However, USC has finally decided to remove the exhibit.

All these reforms are a direct result of the audience being more and more aware of racism and prejudice. However, it is Hollywood’s turn to step up and push for bigger reforms. While it would be a challenging and bold endeavor, Hollywood’s global influence makes it imperative for the industry to undergo much-needed reforms.

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