What We Can Learn from Poland’s Fight for Human Rights

Image for Post

Though half a world away, Canadian scholars have closely followed Poland’s fight for the rule of law. The country’s strong democracy and robust human rights framework emerged out of the collapse of communism, and for more than 20 years the rule of law flourished — but in 2015, it came under fire. On March 11 that fight comes to the University of Alberta.

Professor Adam Bodnar — the University of Alberta’s 2019–2020 Visiting Lecturer in Human Rights — has worked at the centre of this struggle for the past five years. Poland’s Commissioner for Human Rights, Professor Bodnar heads the country’s national human rights institution (NHRI), the Rzecznik Praw Obywatelskich (RPO), a critical player in his country’s fight for human rights and the rule of law.

Why are NHRIs like the one Professor Bodnar leads so important? Domestic courts play an essential role in protecting human rights — but they have their limitations: they are necessarily reactive, often slow, and they cannot promote human rights through advocacy, research, education or public awareness-raising. NHRIs like Poland’s RPO emerged around the world to complement the courts as independent state sector bodies mandated to promote and protect human rights. The RPO investigates complaints from individuals, launches investigations into serious human rights problems, makes recommendations when rights have been violated, brings court actions on the constitutionality of laws and government conduct, and advocates for human rights. In Canada, our NHRI is the federal-level Canadian Human Rights Commission.

Image for Post
Adam Bodnar, Poland’s Commissioner for Human Rights

Poland’s NHRI is under attack. Professor Bodnar was appointed Poland’s Commissioner for Human Rights in 2015, the same year that the conservative populist Law and Justice Party took power. The Party controls both the executive and legislative branches of government. Over the past five years, it has systematically weakened democracy and the rule of law in Poland by repressing human rights; interfering in the independence of the Constitutional Tribunal, Supreme Court, and other judicial bodies; and limiting press freedoms. The Law and Justice Party has imposed severe budget cuts on Poland’s NHRI, and the Party and their sympathizers have targeted the Commissioner by attempting to end his functional immunity, seeking to dismiss him from office before the end of his tenure, and suing him personally for conduct that exercises his legal mandate to speak out on current human rights issues.

Despite government opposition, Professor Bodnar has forcefully defended human rights during this difficult period — especially the rights of those who have come within the crosshairs of the government. This includes upholding the rights of women, sexual and other minorities, persons with disabilities and immigrants. Professor Bodnar and the NHRI have been recognized for their courageous work to strengthen human rights, democracy and the rule of law, winning Norway’s prestigious Rafto Prize in 2018 and the World Justice Project’s Rule of Law Award in 2019.

He and the RPO continue to receive support from former Commissioners, Polish civil society groups, international organizations and global and regional NHRI peer networks, and the European Union (EU) has slowly begun responding to the increasing illiberalism in Poland. The European Commission has commenced legal action against Poland over laws that limit the independence of the judiciary, and the EU Court of Justice has issued an injunction to stop the government from forcibly retiring Supreme Court judges. Nonetheless, it remains to be seen whether Poland’s budget allocations can be reduced, and EU votes that include likeminded Hungary make it much more difficult for the EU to impose stronger sanctions.

In essence, Poland has become a laboratory for testing the EU’s ability to uphold the rule of law. The questions remain whether defenders of the rule of law — including Professor Bodnar — will prevail, and whether liberal democracy will return.

Professor Adam Bodnar is the University of Alberta’s 2019–2020 Visiting Lecturer in Human Rights. His lecture, “The Fight for the Rule of Law in Poland,” will be held on March 11, 2020 at the Timms Centre for the Arts.2019–2020 Visiting Lecturer in Human Rights. His lecture, “The Fight for the Rule of Law in Poland,” will be held on March 11, 2020 at the Timms Centre for the Arts.

Professor Linda C. Reif, Faculty of Law

Image for Post

Linda C. Reif is the Associate Dean (Graduate Studies) and CN Professor of International Trade at the Faculty of Law. She also specializes in international human rights law and national human rights institutions (NHRIs). She has numerous publications on NHRIs including in the Harvard Human Rights Journal and her book on The Ombudsman, Good Governance and the International Human Rights System.