Monday 23 July 2018

Polish government backs away from controversial Holocaust law

The original version of the law called for jail terms for anyone falsely accusing Polish people of Holocaust crimes.

Israeli youths march by the monument to some 900,000 European Jews killed by the Nazis between 1941 and 1944 at the Treblinka death camp (AP)
Israeli youths march by the monument to some 900,000 European Jews killed by the Nazis between 1941 and 1944 at the Treblinka death camp (AP)

By Vanessa Gera

Polish MPs have passed changes to a disputed Holocaust speech law, removing criminal provisions for attributing Nazi crimes to Poles.

The amendments were passed by 388 to 25 with five abstentions following an emotional session in the Sejm, the lower house of the Polish parliament.

The original version of the law, which was passed early this year, called for prison terms of up to three years for falsely accusing the Polish nation of Holocaust crimes that were committed by Nazi Germany.

The ruling Law and Justice party said it needed a tool to fight back against foreign media sometimes calling Auschwitz and other German death camps “Polish death camps” because they were operated on occupied Polish territory.

However, the law sparked a major diplomatic crisis with Israel, where many felt it was an attempt to whitewash episodes of Polish violence against Jews during the Second World War.

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Polish prime minister Mateusz Morawiecki (AP)

The United States warned it threatened academic freedom and that it would harm Poland’s “strategic position”.

The new draft bill was presented to parliament by Prime Minister Mateusz Morawiecki, leading to an emotional debate among MPs.

Members of the opposition lashed out at the Law and Justice party for passing the law in the first place.

Stefan Niesiolowski of Civic Platform called the original law “idiocy”, while Kamila Gasiuk-Pihowicz, of the Modern party, asked why it took the ruling party half a year to reverse course on a move that harmed Poland’s most important international relationships.

She asked: “Why so late? Why did so much have to be broken?”

Our basic goal was to fight for the truth, for Poland's good name, to present what reality looked like, the realities of World War Two, and we achieved this goal. Mateusz Morawiecki

The new version removes the penal provisions and is likely to allow Poland to repair its international standing and relationship with its allies. However, Law and Justice also risks losing some support from its nationalist voters.

One nationalist MP, Robert Winnicki, described it as caving in to Jewish interests. He even tried to block the podium, seeking to prevent a vote that he called a “scandal”, but the vote went ahead anyway.

Mr Morawiecki tried to put a positive spin on the whole affair, arguing that while abandoning the original law, it had still been a success because it had made Poland’s wartime history a topic of international debate.

He said: “Our basic goal was to fight for the truth, for Poland’s good name, to present what reality looked like, the realities of World War Two, and we achieved this goal.”

Many Poles fear that as the war becomes more distant there is confusion about who bears responsibility for Auschwitz and other death camps Nazi Germany set up in occupied Poland during the war.

The conservative authorities said the original law was modelled on anti-defamation laws in many other countries, including laws criminalising Holocaust denial.

However, Holocaust survivors and other Jews in Israel and the United States feared that it would stifle discussion about the Holocaust and enable Poland to whitewash the role of the Poles who killed or denounced Jews during the German wartime occupation of Poland.

The dispute with Israel sparked a wave of anti-Semitic rhetoric in Poland, even by members of the government and commentators in the media, as well as hate speech directed against Poles abroad.

The law was also sent to the Constitutional Tribunal for review by the president, who said he had some doubts about it. It was never enforced in practice.

Press Association

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