Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Bojarski, Lukasz
• Pages: 88-101

88

7BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a)Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

After years of a lack of an equality body in Poland, the 2010 Act on the Implementation

of Certain Provisions of the European Union in the Field of Equal Treatment finally

designated as an equality body the existing Ombud’s Office – as mentioned, above, its

official name is the Commissioner forHuman Rights350(Rzecznik Praw Obywatelskich).

The Act appropriately amended the original Act on the Commissioner for Human Rights,

introducing new competences for the Ombud. The Ombud took on its new responsibilities

on 1 January 2011.

The second institution which has a mandate to promote equal treatment of everyone

without discrimination based on racial or ethnic origin (among other grounds) is the

Government Plenipotentiary for Equal Treatment – a body in charge of non-discrimination

policies and the coordination of governmental efforts rather than an equality body. In

2016, the Plenipotentiary for Equal Treatment was in practice merged with the newly

created Government Plenipotentiary for Civil Society.351At the same time, the office of

the Plenipotentiary for Equal Treatment was closed, and a new office serving both

plenipotentiaries was created. According to law, the plenipotentiaries are two different

organs (one based on an Act of Parliament and the other based on an Ordinance of the

Council of Ministers – each law mentions only one organ), but in practice there is a

personal union, as the same person holds both positions and even the titles of the two

plenipotentiaries are merged on its website as ‘Plenipotentiary for Civil Society and Equal

Treatment’.352 Since the merger, the practical role of the Plenipotentiary for Equal

Treatment has been significantly reduced, and most of its staff members have been

assigned new tasks related to the other role of the merged office. Therefore the

information provided below refers mainly to the Ombud’s Office.

b) Political, economic and social context of the designated body

There is evidence of recent political hostility to the governance of the designated

body/bodies. After the parliamentary elections in October 2015 and shifts within the

Government in the years 2016-2019, the Ombud faced various political attacks (including

calls and even campaigns demanding that the current Ombud’s appointment should be

revoked by the Parliament because he represents liberal-leftist views, supports LGBT

people etc.). Both, politicians353 (as confirmed by the spokeswoman for the ruling

party)354and the legal think-tank Ordo Iuris355gave voice to this view. Senior

Government officials andmembers of Parliament from the ruling party have, on many

occasions (including in the Parliament during discussions on the Ombud’s proposed

budget and annual information on activities), attacked Dr Adam Bodnar, the current

Ombud. They have accused him of not remaining neutral and of being politically engaged

(the Ombud defends the independence of the judiciary, which is openly attacked and

undermined by the ruling Law and Justice Party) as well as accusations such as treason,

350 The Office of the Ombud has also referred to itself in English as the Human Rights Defender, although

‘Commissioner for Civil Rights Protection’ is a more accurate translation of the Polish title ‘Rzecznik Praw

Obywatelskich’.

351 Council of Ministers Ordinance on the Government Plenipotentiary for Civil Society (Rozporzdzenie Rady

Ministrów z dnia 8 stycznia 2016 r. w sprawie ustanowienia Pełnomocnika Rzdu do spraw społeczestwa

obywatelskiego), 8 January 2016.

352 See: http://www.spoleczenstwoobywatelskie.gov.pl.

353 See: https://oko.press/pieta-chce-odwolac-bodnara/; https://wiadomosci.wp.pl/w-pis-pojawil-sie-pomysl-

odwolania-adama-bodnara-to-skutek-materialu-wiadomosci-tvp-6056077225185921a.

354 See: http://300polityka.pl/news/2016/11/05/po-wypowiedzi-mazurek-do-odwolania-bodnara-potrzeba-35-

glosow-pis-musialoby-szukac-wsparcia-u-opozycji/.

355 See: http://www.maszwplyw.pl/adam-bodnar-musi-odejsc-,57,k.html.