A/HRC/43/50/Add.3 Introduction 1. The government of Poland regrets that the UN Special Rapporteur did not take into account the information provided after the completion of her visit in 2018 and at the beginning of 2019 as well as the most recent reply to the advanced version on the final report on the Special Rapporteur’s visit to Poland.1 Thereby the government of Poland provides the following comments.2 2. It should be noted that the report often quotes one-sided statements of unspecified interlocutors unsupported by any concrete evidence. On the basis of these inadequate conclusions were drawn by the Special Rapporteur. Many of the comments made in the report are not of a substantive and objective nature. It is very difficult to address such generalized issues, which are not confirmed by any facts, as it limits the scope of discussion. Ad part B System of cultural governance, paragraph 18 3. In paragraph 18 Special Rapporteur stated, “There is a need for formalized, detailed and overreaching cultural policy”. 1 Answers to additional questions of the 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 letter of Prime Minister P. Gliński to Special Rapporteur of 23 January 2019., 2 The statement of the Minister of Culture and National Heritage, Piotr Gliński, published on 9 June 2017, regarding the financing of the Festival: “The Malta Festival in Poznań has been held since 1991 and is an important international cultural event. As Minister of Culture, as well as a participant in the alternative theatre movement of the 1970s, who remembers the performances by Jerzy Grotowski, Peter Schumann and Peter Brook, I fully support artistic events such as the Malta Festival. Therefore, the Ministry of Culture and National Heritage supported the Malta Festival on the basis of a request submitted in 2015 for 3 years, i.e. in the so-called multiannual procedure, which is often used for cyclical events. The Malta Foundation's request assured that this was an "inclusive social and artistic event, involving the recipient in dialogue and action, opening him/her up to the experience of art". Meanwhile, the achievements and statements made by Oliver Frljić, the curator of this year's edition, after the conclusion of the agreement, clearly contradict this assumption. The director has publicly declared that: "art should always exceed social norms" and: “he is interested in the rebellion of this community" (interview for "Gazeta Wyborcza" on 24 February 2017), and with his actions causes deep conflicts and a wave of social protests - from the would-be premiere of "The Un-divine Comedy" in Stary Teatr (still in 2013), through "Our Violence, Your Violence" at the Premier Festival in Bydgoszcz, in September 2016, to "The Curse" in the Powszechny Theatre in Warsaw in 2017. Frljić does not "open the audience to the experience of art", on the contrary: he alienates a large part of the society to the institutions of theatre. Thus, Oliver Frljić 's participation in the Malta Festival raises concerns about the course of this event in accordance with the assumption presented in the request of the foundation. Moreover, in my opinion, in the context of the facts quoted above, an event whose real shape is influenced by Oliver Frljić may also threaten the basic principles of social coexistence, the defense of which, in the cultural dimension is, among other things, an obligation of the Minister of Culture and National Heritage. A theatrical performance can and should pose difficult questions, provoke reflection and dialogue, but under no circumstances should it function as a detonator of social conflict, as in the case of Frljić's "works". Therefore, referring to the declarations formulated in the Malta Foundation's request, I considered that the Festival under the curatorship of Olivier Frljić does not guarantee "involving the audience in dialogue" and "opening the audience up to the experience of art", but rather conflict a major part of the audience with the theatre and discourage them from participating in the event. Thus, in my opinion, the applicant has violated the terms of the agreement concluded with the Ministry of Culture and National Heritage on the basis of the said request. For the above reasons I refused to finance this year's edition of "Malta Festival Poznań 2017" by the Ministry of Culture and National Heritage”. At the same time, I declare my readiness to make schedule changes in the financing of the event and to grant the indicated funds in future years, provided that the agreement is observed and social, cultural and moral standards are not threatened.” 2

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