A/HRC/43/50/Add.3
fulfillment of public benefit tasks. FIO since the beginning was administered by the
Government and the only change is transfer of the fund management to different
governmental body. The local governments distribute substantial public funds for NonGovernmental Organizations.
102. There is not any “new body attached to the prime minister's office” in order to change
or centralize distribution of European Union grants or the EEA and Norway Grants for NonGovernmental Organizations.
103. Since the entry into force of the Act on the National Institute of Freedom - Centre for
the Development of Civil Society there is no evidence of funding denial for civil society
organizations that challenge government policy. The Act does not change anything in the
procedures applied to public funds distribution in the Act on Public Benefit and Volunteer
Work of 2003. The National Institute of Freedom is obliged fully operate in accordance with
all the regulations of the Act on Public Benefit and Volunteer Work regarding the procedure
of open competition used so far for several years.
104. The Act on the National Institute of Freedom - Centre for the Development of Civil
Society does not imply any exclusion but on the opposite, it ensures mutual respect, state
neutrality and pluralism so essential to Polish historical identity. The National Institute of
Freedom regulations provide equal access to public funds, assuring non-discriminatory
criteria for found distribution. These criteria likewise all the programs implemented by the
National Institute of Freedom are set in co-operation with representative and pluralistic
spectrum of the non–governmental sector.
105. The Chairman of the Committee for Public Benefit becomes the administrator of the
Civil Society Support and Development Fund, created on 1 April 2017 under the Act of 15
December 2016 amending the Act on Gambling Games and certain other Acts. The new
created fund's revenue is 4% of the proceeds from the game subsidies. The Civil Society
Support and Development Fund is used to implement support and development programs run
by the National Institute of Freedom.
Ad Part IV Conclusions and recommendations
106. Final report of the Special Rapporteur in many instances does not take into account
the extensive documents provided (Answers to additional questions of the UN Special
Rapporteur in the field of cultural rights with attachments 1. Information of the Minister of
Culture and National Heritage on the Strategy and Changes Planned in the area of Culture
and national heritage of 11 October 2016, 2. Expenditure on culture 2013-2019) which had
been sent to her (upon her request) after the initial version of the report was drafted. The
Special Rapporteur also repeats false information regarding the circumstances of the failed
meeting with Prime Minister P. Gliński despite his letter of 23 January 2019, in which he
explained that he was unable to meet on the proposed date due to lack of prior notification
and insufficient time to adjust a schedule which is prepared many days in advance. Prime
Minister P. Gliński expressed his readiness to meet and invited the Special Rapporteur to
Poland.
107. Ministry of Culture’s manifold actions already provide systemic support for persons
with disabilities to access culture. There is still an array of actions to be taken on the local
government level, so who should invite the Special Rapporteur to Poland and for what
purpose?
108. The recommendation regarding artistic independence of directors of cultural
institutions: Special Rapporteur’s charges regarding independence of the directors of cultural
institutions are vague and non-specific, which had been explained in the Ministry of Culture’s
comments to the respective paragraphs of the report. Directors of cultural institutions enjoy
their autonomy in running the institutions; their artistic and scientific freedom is not a
problem in Poland;
109. The recommendation to abolish “prior-censorship”: the charges of censorship, selfcensorship or “prior-censorship” are formulated by the Special Rapporteur in a general
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