Polish Holocaust Bill Draws Criticism

On February 6, Poland’s President Andrzej Duda signed a bill into law that would criminalize references to Polish complicity in Nazi war crimes against Jews during the occupation of Poland in World War II. However, the President is going to allow the country’s Constitutional Court to evaluate the bill, leaving it open for possible amendments. This is not the first anti-Semitic bill passed by the Polish parliament, as they also are considering adopting a bill which would ban Kosher slaughter. Considering these troubling developments, it is timely to consider the comments offered by the Congressional Bipartisan Taskforce for Combating Anti-Semitism to President Duda prior to his signing of the bill into law. The Congressional Taskforce, which “works to ensure that Congress plays an integral role in condemning anti-Semitism and spearheading initiatives that promote tolerance worldwide,” was reinstated in the 114th Congress and is comprised of over 100 Republicans and Democrats in the House of Representatives.

A particularly alarming aspect is the timing of the bill, which was passed on International Holocaust Remembrance Day. This day, which is intended to provoke reflection and generate dialogue about the atrocities of the Holocaust, was overshadowed by the passage of legislation aimed at restricting this necessary contemplation. As the Taskforce noted in its letter, thousands of valiant Poles risked their lives to aid Jews during this period. Unfortunately, however, there are numerous documented instances of Poles aiding the Nazis during their campaign against the Jews. Acknowledging this regrettable reality should not constitute criminal behavior, and impeding open discussion could result in a misunderstanding of history. To combat this, the Taskforce suggests that “a focus on education, not criminalization, about inaccurate and harmful speech would be more beneficial in resolving this critical issue.” These proposed limitations on free speech seem to be the chief concern of the Congressional Taskforce, who fear the effect that passage of this law would have on accountability. They remark that contentious issues are those which need the most discussion, and that “free speech and open debate are the lifeblood of all democratic countries.”

The Holocaust was one of the bleakest periods in human history, and we shall strive to never forget the atrocities committed and lives lost. However, it is only through open dialogue and scholarship that one can truly understand history. Restricting this discourse would be detrimental because learning from the past helps prevent its repetition…and that should remain our highest priority.

The full text of the letter can be found below:

Dear President Duda,

As Co-Chairs of the Bipartisan Taskforce for Combating Anti-Semitism, we are alarmed by legislation recently passed by the Sejm and awaiting consideration by the Senate that would criminalize reference to Polish complicity in Nazi war crimes against Jews during the occupation of Poland during World War II.

We are deeply concerned that this legislation could have a chilling effect on dialogue, scholarship, and accountability in Poland about the Holocaust, should this legislation become law. Additionally, it is highly troubling that this law was passed on International Holocaust Remembrance Day, a day on which the world speaks openly about the horrors of the Holocaust to ensure such atrocities never happens again.

As we all know, Poland suffered terribly under the brutal occupation by Nazi Germany from 1939 to 1945. In this time, Poland’s population was devastated through the murder of almost two million non-Jewish and three million Jewish Poles. Thousands of Polish citizens risked their lives to save Jews during this period, and more than 6,600 have been rightfully recognized as “Righteous Among the Nations” by Yad Vashem.

But, we must acknowledge the numerous documented instances of Poles aiding the Nazis, directly and indirectly, in the murder of innocent Jews. To criminalize anyone who acknowledges this reality would be an injustice. A focus on education, not criminalization, about inaccurate and harmful speech would be more beneficial in resolving this critical issue.

Free speech and open debate are the lifeblood of all democratic countries, especially relating to issues that are the most difficult to reconcile. With rising anti-Semitism throughout Europe, the region is strengthened by Poland’s leadership on Holocaust research, such as the work of the Museum of the History of Polish Jews. Passing this legislation is inconsistent with this admirable legacy.

Therefore, we hope that you will speak out against this bill and veto it should it come to your desk. We look forward to engaging with you on this important issue and look forward to your response.

Sincerely,

This letter is signed by Taskforce Co-Chair Representatives: Nita M. Lowey (D-NY), Christopher H. Smith (R-NJ), Eliot L. Engel (D-NY), Ileana Ros-Lehtinen (R-FL), Ted Deutch (D-FL), Kay Granger (R-TX), Marc Veasey (D-TX), and Peter Roskam (R-IL).