Sunday, August 16, 2020

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

This article is by

Share this article

Article Contributor(s)

Syed Ahmed Uzair

Article Title

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

Publisher

Global Views 360

Publication Date

August 16, 2020

URL

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.

Support us to bring the world closer

To keep our content accessible we don't charge anything from our readers and rely on donations to continue working. Your support is critical in keeping Global Views 360 independent and helps us to present a well-rounded world view on different international issues for you. Every contribution, however big or small, is valuable for us to keep on delivering in future as well.

Support Us

Share this article

Read More

February 4, 2021 5:04 PM

Forced Uyghur labour in China: Getting the World attention now

Since 2017 nearly a million ethnic minorities, mostly Uyghur Muslims from the far Western region of the Xinjiang province of China, have been put in  detention centres. The detainees in these camps are forced to renounce their faith and, in some instances, have been subjected to torture.

The Chinese government has termed the program as a combat against “religious extremism” even as it detains members of ethnic minorities from the region and sends them to the so-called “re-education camps”. The experts however believe that these people have been thrust into a systematic program of cultural genocide.

This campaign now appears to be proceeding towards a new direction wherein the Uyghur detainees are being shipped across the country for forced labour in factories.

As per the government officials, these “trainees” have all “graduated” and are being given employment in the form of factory labour to lead a better life. While China has made this their sole criteria to defend the program, there is mounting evidence that suggests that the Uyghurs are being subjected to forced labour and are not allowed to visit their families in Xinjiang.

According to a report by the Australian Strategic Policy Institute, the Uyghurs have been moved under a labour scheme known as Xinjiang aid to factories across the country straight from the detention centers. Many of these factories are a part of the supply chain network for well-renowned brands such as Apple, Nike, and Dell.

At the factories the workers are forced to live in separate rooms and are required to take Mandarin lessons under heavy surveillance. They are not allowed to leave their jobs and go back to their families in Xinjiang either.

John Oliver, host of popular US TV show “Last Week Tonight” recently aired an episode wherein he talked about the Uyghurs. “If this is the first time that you’re hearing about an estimated million people who’ve been held in detention camps – mostly Uighurs but also Kazakhs and other ethnic minorities – you are not alone. And it’s probably because China has done its level best to keep this story from getting out,” says Oliver.

John Oliver further said, “While there is clearly nothing new about horrific practices being hidden deep within the supply chain of global capitalism, what is happening to the Uighurs is particularly appalling”.

Despite China’s attempts at keeping the entire crackdown private, more and more horrifying details have come out in the open about the atrocities meted out to the Uyghurs via testimonies from former detainees.

This has led to an increased pressure on China as well as the big brands utilizing the Chinese supply chain network, to cut ties with factories where human rights are being violated under this Uyghur crackdown.

The US has restricted 11 Chinese companies from buying American goods due to claims of them being linked to the Xinjiang region. A coalition of over 180 organizations also called out dozens of clothing brands and retailers for links to the Xinjiang crackdown and forced Uyghur labour.

While some companies like PVH, the owner of brands like Calvin Klein and Tommy Hilfiger are working on reducing their presence in the Xinjiang region’s supply chain network others like Big W, a discount department store chain operated by Australia's Woolworths group acknowledged that some of their products might be unintentionally coming from the regions of Xinjiang province.

Companies like Nike, Puma, and Adidas have however continued to deny allegations of links to factories with forced Uyghur labour completely. In their statement Nike said, "We have confirmed with our contract suppliers that they are not using textiles or spun yarn from the region."

With the increasing spotlight on the Chinese government’s repressive activities,  international pressure is increasing on the business groups which depend on China for supply change, to come clean on any link of their vendors with Uyghur forced labour. There might be some hope, even if very little, for the plight of the Chinese Uyghurs after all.

Read More