How Women's Right to Artistic Freedom Is Denied And

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED

FREEMUSE FREEMUSE IS AN INDEPENDENT INTERNATIONAL HUMAN RIGHTS ORGANISATION DEFENDING THE RIGHT TO FREEDOM OF ARTISTIC EXPRESSION AND CREATIVITY AS ENSHRINED IN INTERNATIONAL HUMAN RIGHTS STANDARDS. THE ORGANISATION HAS HAD A SPECIAL CONSULTATIVE STATUS WITH THE UNITED NATIONS SINCE 2012.

ISBN: 978-87-998868-2-1

Design and illustration: www.NickPurserDesign.com

Author: Srirak Plipat

Research team: David Herrera, Ellen Pedersen, Jasmina Lazovic, Maria Menendez, Ayodele Ganiu, Joann Caloz Michaëlis and Christine Ramkarran.

Publications and communications team: Dwayne Mamo, Lisa Robinson, Paige Collings and Kaja Ciosek.

Freemuse would like to thank a consultant, who wishes to remain anonymous, for sharing her expertise on gender and human rights research methodology, and for reviewing and editing this report.

Freemuse thanks the 39 informants who spoke to us for this report, especially the women artists who took risks to take part in this research. See all their names on page 107. We also thank everyone who stands up for women’s right to artistic freedom.

Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of November 2018. Nevertheless, Freemuse cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

This report is kindly supported by the Swedish International Development Cooperation Agency (Sida), the Norwegian Ministry of Foreign Affairs, and Fritt Ord Norway. CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED

FREEMUSE “I FEEL LIKE AT EVERY STEP OF THE WAY WOMEN ARE SORT OF BEING SENT THE MESSAGE THAT THEY ARE SECOND-CLASS CITIZENS, THAT THEIR JOB IS TO SERVICE MEN... YOU HAVE TO LISTEN TO WHAT THE PATRIARCHAL FIGURE IN YOUR LIFE SAYS—YOUR FATHER, BROTHER, THEN YOUR HUSBAND AND LATER YOUR SON. YOU HAVE TO PUT EVERYONE ELSE IN THE FAMILY BEFORE YOU.”

INDIAN FILMMAKER ALANKRITA SHRIVASTAVA, FREEMUSE INTERVIEW, 6 SEPTEMBER 2018

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4 FREEMUSE CONTENTS

INTRODUCTION 6

CHAPTER 1: VOICES OF WOMEN ARTISTS 10 Alankrita Shrivastava 12 Bahia Shehab 14 Borghildur Indriðadóttir 16 Monirah Hashemi 18 Sahar Mousa 20 Zere Asylbek 22

WOMEN DENIED RIGHTS TO ARTISTIC FREEDOM 24

CHAPTER 2: INTERNATIONAL FRAMEWORK OF PROTECTION OF WOMEN’S RIGHTS TO ARTISTIC FREEDOM AND CULTURAL EXPRESSION 26 International framework: enjoying freedom of artistic expression without gender-based discrimination 29 International efforts to protect women artists’ right to freedom of expression 31 Limitations of the right to artistic freedom affecting women artists 32 Conclusion 34

CHAPTER 3: DISCRIMINATION AGAINST WOMEN AND VIOLATIONS OF WOMEN’S RIGHT TO ARTISTIC FREEDOM 36 3.1 Gender-based discrimination and violations by the state 40 3.2 Gender-based discrimination and violation by non-state actors 43 3.3 Violations in the name of indecency 51

CHAPTER 4: WOMEN ARTISTS AS HUMAN RIGHTS DEFENDERS 60 Repercussions on women artists’ calls for women rights 63

CHAPTER 5: COUNTRIES OF CONCERN 70 Afghanistan 72 Bolivia 74 Cambodia 76 Egypt 78 India 80 Iran 82 Japan 84 Nigeria 86 Pakistan 88 Saudi Arabia 90 Turkey 92

RECOMMENDATIONS 94

ENDNOTES 98

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 5 CREATIVITY WRONGED HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED: AN INTRODUCTION

OVER THE LAST 100 YEARS, the edge of vague definitions made are now right and some are wrong. women have been fighting for by family, social groups, religious This research probes the emergence equality to gain the same legal and groups, fundamentalist groups and of the social construction of right human rights as men—the right to governments, which, if crossed, have and wrong artistic expression in vote, the right to own land, the right significant consequences. Women our societies. It asks how the state to an education, and many more. It artists have to suffer that daily restricts free artistic expression was less than 40 years ago that an negotiation, not because they are by making some right and some international treaty was enacted to artists, but because they are women. wrong, some appropriate and some eliminate all forms of discrimination indecent, some hurting religious against women. feelings, and some acts of terrorism and therefore threats to society. More Change remains slow. In 2018, Research specifically, this research asks how globally, women continue to face questions these social constructs affect the unequal treatment, frequent artistic and cultural life of women harassment and have limited access and women artists. While both men to—or are simply completely shut When you ask three-year-old girls and women are affected by these off from—particular practices to draw pictures of their families, restrictions, is there any evidence and experiences. it is easy to appreciate that the that women are affected more or pictures would look beautiful in differently? To what extent do these These inequalities stretch their own ways. The pictures come social constructs conform or violate significantly into the artistic world out of the children’s experiences, international human rights laws for women. Women who perform interpretations of reality around which guarantee the right to freedom wearing ‘inappropriate’ clothing them, and expression through colour or express ‘indecent’ words or of artistic expression and outline pencils as they see and feel them. It thoughts are imprisoned in some the state’s responsibilities to realise is not difficult to agree that there is countries. Others are censored, women’s artistic freedom? And no right and wrong in their drawings. prosecuted, fined, fired, harassed, finally, the report asks what can be attacked or, in the very worst When we grow up and draw, through done to improve the situation so that circumstances, killed. Women all the same process of experiencing, women and women artists can create over the world are forced continually interpreting and expressing through without fear of being wrong or face to walk a fine line, balancing on various art forms, some of our drawings harmful consequences.

6 FREEMUSE CREATIVITY WRONGED

To answer these questions, This principle has been extensively national legal systems, while their Freemuse has examined over 90 developed over a number of importance has been additionally cases of violations of women’s international instruments, both by stressed through the establishment artistic freedom in the past international and regional bodies. of several international, specialised five years, taking advantage of It is also often used in reports bodies fighting for gender equality having monitored, registered and authored by the United Nations’ and adoption of conventions and documented these cases as part Special Procedures. The due resolutions pledging women’s right diligence framework used in this of research for the annual State to equal participation in the public report is a further developed set of of Artistic Freedom Report and sphere, including arts and culture. guidelines known as “the 5Ps”: the previously, annual statistics on state obligations to prevent, protect, Despite these binding and non- censorship and attacks on artistic prosecute, punish and provide binding documents, women artists freedom reports. Freemuse has redress and reparation for human have been marginalised in practice, interviewed dozens of women artists, rights violations. while being censored and in other experts and civil society members to ways stifled on the grounds of listen to their first-hand experiences religion, tradition and other social and understand the context and constructs arising from the legacy of impact of these restrictions on Highlights of centuries-long patriarchal systems. women’s expression. With the awareness about the reality report findings in which women, both in the global This report adopts a human rights North and South, exercise their right 1. Women’s right to analysis, guided by the human to freedom of artistic expression, in freedom of artistic rights principle of due diligence. the 21st century additional efforts This concept places the duty on and expression is protected have been invested at various obligation of states to guarantee under international law levels aiming to reaffirm the legal and safeguard human rights. The protection of women artists’ rights main guiding actionable points which Although international law does and combat the practice of their not recognise women artists as then transform into accountability suppression due to some states’ a particularly protected group, a arguments, enforced through claims on cultural relativism. number of core human rights and advocacy, are: fundamental freedom instruments guarantee their “right to have access * The state must respect human 2. Creative expressions to, participate in and contribute to rights, and thus not become a all aspects of cultural life”. Through are wronged by traditional violator itself. different UN mechanisms women practices, hard-line * The state must protect human are guaranteed the right to freedom religious interpretation and rights from violations by non- of expression and participation in perceptions of indecency state actors and other entities. cultural life, as well as protection * The state must fulfil human from any form of gender-based There is evidence of gender- rights by adopting and enforcing discrimination. These rights are based discrimination and violation credible measures and practices. further affirmed in regional and of women’s artistic freedom by

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 7 traditional values, religious beliefs, Artworks and women artists and further reaffirmed. It is high as well as perceptions of indecency. experience pushback for being time that women artists are included These limitations are gendered labelled as ‘indecent’. Indecent as human rights defenders so that by targeting portrayals of women representations are found to not they can be protected under existing that are found inappropriate for only be inappropriate but also harm protection and reporting mechanisms the sake of protecting traditions, public morals. As a consequence, of UN and regional agencies. religious beliefs and avoiding such artistic expressions are representations considered indecent. prohibited by means of ‘protecting’ These considerations are also used viewers and avoiding further harm. 4. National contexts of to justify bans and cancellations All the above are clear violations of making women’s creativity international standards of human of performances by women artists wronged and cultural rights. However, they are because of their gender. found to be challenged by nationally This research examines key or locally enforced laws, or even Art and performances can challenges for women artists in 11 socially constructed practices. be considered as contrasting selected countries. The countries The approaches to making sure traditional values. Therefore, such have been chosen based on relevant women are allowed to freely express artistic expressions are explicitly women-related cases documented themselves are context specific and banned or censored, and artists’ by Freemuse from 2013 to 2018. Each involve different levels of actors. experiences are being threatened chapter presents the wider context because they challenge the often in which women artists experience prevailing patriarchal gender roles limitations of artistic freedom that are 3. Women artists become specific to the country in question. that determine how women should targets of attacks for calling behave. The numerous cases of After reviewing these country-focused violations of artistic freedom show for respect for women rights cases, it was found that women art that women are prohibited from Through their artwork, women and artists are experiencing pushback certain expressions by means of artists often tackle various social in various ways and from various protecting traditions that are found problems and in this way instigate actors depending on the controlling fundamental to the culture in question. or engage in discussion about social mechanisms prevailing in each of and political issues. Despite protection the countries. The justifications for Religious interpretation can from international human rights prohibiting artistic expressions are dominate women’s opportunities instruments, this research finds that thus highly context specific, not to express themselves through art over the last five years, there are cases only to countries but sometimes to by regarding considerations for of censorship and legal prosecution communities within them. Examples religious feelings and beliefs as of against women artists whose artworks of challenges are traditional norms a higher priority than allowing for raise awareness on women’s rights and and gender roles, patriarchal values, expressions that challenge such ‘sensitive’ social and political issues. religious beliefs and interpretations, feelings and beliefs. Some religious While arts and culture have been used and expectations to women’s interpretations involve fixed as powerful tools for inspiring and representation. Some artists who expectations of women’s behaviour, supporting positive changes, the role differ from such expectations which are sometimes censored or of women artists as human rights experience being censored, banned, banned if not complied with. defenders is yet to be recognised threatened or even killed.

8 FREEMUSE the subtle and systemic displays investigate and prosecute, punish, What is not in of a patriarchal society that drives and provide redress and reparation. this report and sustains a male-dominant arts and culture industry—from gender Chapter 3 focuses on gender-based Challenges and issues related to roles preventing girls and women discrimination and violations of women and artistic freedom are attending arts schools to access to women’s artistic freedom including in numerous, and are beyond the platforms to work and show their law and practice. It examines cases scope of one research project. artwork. of gender-based violations by non- This research chooses to focus on state actors including fundamentalist discrimination against women in groups and professional associations. participation in cultural life and Report These violations, by the state and gender-based violations against non-state actors, take place in the women and women artists, using structure context of the interrelatedness of state’s human rights responsibility as tradition, religion and indecency. the analytical framework. There are This report begins by listening to three specific groups of challenges the stories of six women artists Chapter 4 looks into the experiences and issues that Freemuse has come who told Freemuse about the of women artists as human rights defenders in relation to the state’s across in this research, which will be discrimination, physical and responsibility to respect and further examined and published as emotional harassment, death threats protect them. It shines a light on follow-ups and part of this gender and legal consequences they have the particular struggle of women research series. suffered for being women who create artists, as women and as artists, art. In this perpetual state of fear, when they use arts and culture as First, there is an increased need to they tell their stories of never giving a tool to defend human rights of monitor censorship, restrictions and up and continuing in their passion to harassment of women artists either others and themselves. These human be women who create art. Included via the internet and social media, rights defenders are often singled in this are visual stories highlighting or specifically by multi-national out and targeted for their powerful key facts and figures from reviewing digital services—such as Facebook, expression in holding society, religion cases of violations of women’s artistic Instagram and Twitter—whose and governments to account, especially freedom in the past five years. community guidelines and practices when they call for greater respect often fall way outside international and protection of women rights. Chapter 2 aims to establish human rights standards related to an understanding of relevant freedom of expression guarantees. In Chapter 5 the report highlights international human rights laws 11 countries of concern that exhibit women artists are operating in. It Second, sexual harassment troubling practices in their treatment notes the human rights they are continues to be a constant and of women artists. These countries entitled to, including the right to take disturbing reality for many women— are: Afghanistan, Bolivia, Cambodia, part in all dimensions of cultural life whether they are artists or simply Egypt, India, Iran, Japan, Nigeria, enjoying cultural events—in every and the right to express themselves Pakistan, Saudi Arabia and Turkey. corner of the world. A reality that is artistically. These international exponentially troubling due to the laws set up the framework by Finally, Freemuse offers fact that many of the cases brought which all national governments several concrete and practical forth by women are simply not taken are accountable to ensure that recommendations to the state, seriously, or violators are often the right to equality and non- international governmental allowed to operate with impunity. discrimination of women is upheld organisations, civil society and non- in all circumstances. These include governmental organisations for Third, under-representation of the state’s responsibility to respect, responsibly ensuring that the human women and women artists in the protect and fulfil cultural rights and rights of women and women artists arts and culture industry is at an artistic freedom. Emphasis is made are implemented, and that violators alarming level. Indications suggest on the due diligence framework no longer operate with impunity. an association between under- which outlines the state’s 5Ps representation of women artists and responsibility: prevent, protect,

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 9 CHAPTER 1 VOICES OF WOMEN ARTISTS

10 FREEMUSE CHAPTER 1 “I THINK WE ALL HAVE NARRATIVES, AND WHETHER IT’S BEING SHOWN IN A VULGAR OR UGLY WAY, WE STILL HAVE TO TELL OUR STORY.” SOUTH AFRICAN ARTIST ALKA DASS, FREEMUSE INTERVIEW, 3 AUGUST 2018 ALANKRITA SHRIVASTAVA INDIAN FILMMAKER “MANY MORE WOMEN NEED TO BE ENCOURAGED TO BELIEVE IN THEIR OWN VOICES AND ACTUALLY TELL STORIES AND MAKE FILMS AND WRITE BOOKS AND PAINT AND EVERYTHING SO THAT THEIR THOUGHTS ARE EXPRESSED AS MUCH AS THE THOUGHTS OF MEN.”

Film certification in India normally takes less than a week, but for director Alankrita Shrivastava it was a six-month-long battle. Her black comedy Lipstick Under My Burkha follows four women living secret lives and searching for freedom. It was initially denied release in January 2017 by the government-controlled Central Board of Film Certification stating the film is “lady oriented” and contains “sexual scenes, abusive words, audio pornography and a bit sensitive touch (sic) about one particular section of society”. After appeal, the censorship decision was reversed in June 2017.

Alankrita felt nobody took her seriously when making her first feature film, she had to fight to get the right equipment and decent studio time slots. It was hard to get distribution for both her films, she said. “Everything is very, very difficult, you have to keep pushing your way to tell the stories that you want to tell,” she said. “You feel like you’re constantly fighting an environment which somehow doesn’t want you to tell your story from your point of view.”

Fewer than 10 per cent of film directors in India are women. Alankrita pushes an alternative narrative with her feature films, even though that means she has to fight for certification and distribution. She encourages other women to believe in their own voices and tell their own important stories.

“I DID FEEL THERE WAS A LOT OF DISCRIMINATION, BECAUSE IT’S NOT LIKE FILMS IN INDIA DON’T SHOW SEXUALITY, IT’S JUST THEY SHOW SEX IN A WAY THAT EVERYTHING IS THERE FOR THE PLEASURE OF MEN, IT IS NEVER FROM THE FEMALE POINT OF VIEW, WHICH IS WHY I FOUND THERE ARE DOUBLE STANDARDS. WHY IS A FEMALE POINT OF VIEW NOT RELEVANT WHEN HALF THE COUNTRY IS MADE UP OF WOMEN?”

12 FREEMUSE “I FEEL AN ADULT IN CIVILIZED SOCIETY SHOULD BE ABLE TO DECIDE FOR ITSELF WHAT IT WANTS TO WATCH OR READ OR WHATEVER… PEOPLE SHOULD BE FREE TO DECIDE WHAT THEY WANT TO SEE AND NOT SEE. I DON’T THINK THAT CONTROLLING WHAT CULTURE GETS CREATED DOES ANYONE ANY GOOD.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 13 BAHIA SHEHAB EGYPTIAN ARTIST AND ISLAMIC ART HISTORIAN

“THE UNITED NATIONS AND EVERYBODY IN THE WORLD HAS BEEN COMING OUT AND SAYING TO OUR GOVERNMENT, ‘OH, WHAT YOU’RE DOING IS WRONG.’ BUT PEOPLE IN POWER DON’T CARE ABOUT SPEECHES; IT’S A MILITARY REGIME. THEY KILL US ON THE STREET. WHAT THEY CARE ABOUT IS FUNDING, STOP THEIR FUNDING, CRIPPLE THEIR ECONOMY THEN THEY MIGHT LISTEN. IN A MILITARY DICTATORSHIP MONEY SPEAKS LOUDER THAN WORDS.”

14 FREEMUSE “WOMEN’S RIGHTS ARE JUST HUMAN RIGHTS. WHEN“WOMEN’S WOMEN ARE RIGHTS OPPRESSED ARE YOU CAN REST ASSURED THAT MEN ARE ALSO OPPRESSED.” JUST HUMAN RIGHTS. WHEN WOMEN ARE OPPRESSED YOU CAN REST ASSURED THAT MEN ARE ALSO OPPRESSED.”

“OUR BIGGEST PROBLEM NOW IS ACTUALLY NOT JUST THE GOVERNMENT, BUT I THINK IT’S IGNORANCE, BECAUSE PEOPLE ARE AFRAID OF CHANGE. THEY

BahiaDON’T Shehab has not made UNDERSTAND street Theories, No to Bullets, No to Tear WHYBut under the current president, art in Cairo since 2013; she knows Gas, No to Aliens, No to Stealing the Abdel Fattah El-Sisi, who came she has to keep a low profile if she Revolution, No to a New Pharaoh. to power after the 2013 military wants to stay safe and stay in Egypt. coup, political street art has all WE ARE ONShe sprayedTHE an image STREET of a blue but stopped OR as artists have faced After the Egyptian revolution of 2011, bra which had become a symbol of aggressive prosecutions and military police brutality. The girl in Bahia started spray-painting the prison sentences. the blue bra had been protesting wordsWHAT No: No to Military Rule,IS No toHAPPENING AND in Cairo when she was caught by Emergency Law, No to Postponing “THE MILITARY REGIME HAS military men, dragged along the Trials, No to Military Trials, No DEMONSTRATED HOW AGGRESSIVE ground and beaten. They lifted THEY CAN BE WITH ANY FORM to THEYStripping the People, THINKNo to up her abayaWE’RE (garment), exposing JUST Blinding Heroes, No to Snipers, her naked stomach and bra, OF EXPRESSION. AND FOR US, No to Sectarian Divisions, No to and stomped on her chest. Her AS STREET ARTISTS, IT’S MORE ExternalSABOTAGING Agendas, No to Killing, No mistreatment EVERYTHING.” sparked mass protest; SEVERE BECAUSE WE’RE ON THE to Burning Books, No to Violence, No her image went viral and was used in FOREFRONT, WE ARE THE ONES ON to Barrier Walls, No to Conspiracy powerful street art around Cairo. THE STREET.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 15 BORGHILDUR INDRIÐADÓTTIR ICELANDIC ARTIST “I AM ACTUALLY DEALING WITH A LITTLE BIT OF PARANOIA AFTER THIS PROJECT. I ACTUALLY WENT AWAY FROM ICELAND AND I CLOSED ALL MY SOCIAL MEDIA ACCOUNTS.”

Borghildur Indriðadóttir watched as her 1500 Facebook friends disappeared and some of her personal pictures, likes and comments were deleted right before her eyes. It happened after she’d shared a promo of her DEMONCRAZY exhibition that included photos of topless young women standing defiantly in front of portraits and statues of older men in public buildings.

The project ran from 1-15 June 2018 as part of the Reykjavik Arts Festival, with an accompanying performance piece DEMONCRAZY – Drosophila, on 3 June, where topless women walked from the Icelandic parliament building to the Reykjavík Art Museum Hafnarhús. After the performance, the Reykjavik Arts Festival Facebook page was also temporarily shut down.

Her controversial artwork also caused quite a stir in parliament, with one Icelandic MP demanding details of the photo shoot through five questions submitted to the president of the parliament.

Borghildur is swift to separate her work from Free the Nipple and #MeToo movements, explaining that she wanted her art to make people question why there are so many “paintings of men that used to rule in power positions” in public buildings.

16 FREEMUSE “THERE WERE A LOT OF PEOPLE TAKING PICTURES OR VIDEOS, STREAMING ONLINE,“WOMEN’S AND THEY WERE ALL CUTRIGHTS OFF IMMEDIATELY. ARE SO IT FELT THAT WE WERE BEING WATCHED AT THIS VERY SECOND. ANYTHING WITH THE HASHTAGJUST #DEMONCRAZY HUMAN WAS JUST DELETED.” RIGHTS. WHEN WOMEN ARE OPPRESSED YOU CAN REST ASSURED THAT MEN ARE ALSO OPPRESSED.”

“OUR BIGGEST PROBLEM NOW IS ACTUALLY NOT JUST THE GOVERNMENT, BUT I THINK IT’S IGNORANCE, BECAUSE PEOPLE ARE AFRAID OF CHANGE. THEY “WHAT DON’T UNDERSTAND WHYI WANTED TO COME WE ARE ON THE STREETACROSS OR WITH MY PERFORMANCE IS THAT WHAT IS HAPPENINGI DON’T WANTAND THIS FEAR THEY THINK WE’RETO RULE JUST AND I’M WILLING TO ENGAGE IN A SOCIETY WHERE SABOTAGINGWE AREEVERYTHING.” BEING WATCHED AND WE ARE NOT FEARFUL.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 17 MONIRAH HASHEMI ARTIST FROM AFGHANISTAN

“BEING A FEMALE ARTIST IN AFGHANISTAN MEANS THAT YOU ARE IN A CONSTANT WAR COMING FROM DIFFERENT DIRECTIONS AND YOU HAVE TO FIGHT THEM ALL. YOU CANNOT PRIORITISE, YOU CANNOT CHOOSE ONE BATTLE, YOU HAVE TO FIGHT BACK ALL OF THEM.”

In Afghanistan, only family members Monirah headed out to work, but In 2005 Monirah founded the may call a woman by her first name. the moment she was outside people Simorgh Film Association of When colleagues or acquaintances holding copies of the letter were Culture and Art (SFACA), where do so, it indicates they have a more looking “angrily” at her. Monirah she produces theatre and film. She intimate relationship. In 2004, shook as she heard someone moved to Sweden in 2013. trouble started brewing for young running after her, who ended up film actress Monirah Hashemi the being her father who asked her to “IN OUR SOCIETY, WHEN A WOMAN moment her male colleagues began come back home because he said IS HARASSED OR SEXUALLY calling out her name on the streets those people looked like “wolves” ABUSED SHE IS SUPPOSED TO of Herat. and were ready to attack her. SHUT DOWN AND SHUT UP AND BE SILENT AND NOT TALK ABOUT One morning, dozens of abusive She spent the next three months THESE THINGS BECAUSE THE letters appeared in the 20-year-old’s shut off from the world, not talking SHAME IS ON HER. BUT I REFUSED backyard and all over town, saying to anyone, not seeing friends or TO TAKE THE SHAME ON ME. IF she was “not a good girl”, “has a colleagues. It took some tough SOMEBODY HARASSED, INSULTED lot of intimate relationships”, and talking from her mother—who told OR IN ANY WAY TRIED TO ABUSE that “she is a shame to the whole her not to be “frightened from the ME, I WAS NAMING THOSE PEOPLE. neighbourhood”. society” and to chase her dream SO THEY WERE AFRAID.’’ with their support—for Monirah to Determined not to be defeated by the find the motivation she needed to people who had written the letters, continue her career in the arts.

18 FREEMUSE “HOW CAN YOU CHANGE THE MENTALITY OF THE PEOPLE WHILE YOU ARE IGNORING THE MOST IMPORTANT PART OF IT, WHICH IS ART. PEOPLE WHO MONIRAH HAVE BEEN LIVING IN DECADES OF WAR, THEY NEED ART, SOMETHING TO HEAL HASHEMI THEIR SOUL.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 19 SAHAR MOUSA PALESTINIAN POET, WRITER AND MAGAZINE EDITOR

“I THINK WOMEN AREN’T ACCEPTED TO BE ACTIVE AT ALL, NOT ONLY IN ART. IN ART YOU ARE DISCLOSING ALL YOUR INNER THOUGHTS AND YOUR INNER DESIRES, SO IT GOES TO THE EXTREME IN REFUSING THE ACT FOR WOMEN IN THIS FIELD.”

Palestinian writer Sahar Mousa left Gaza in 2016 after receiving a death threat purportedly from Islamic State. The former magazine editor and 15 other writers, male and female, were told they would be killed if they didn’t stop writing. Initially they thought it was a joke, but when they realised it was serious Sahar didn’t leave her house for three months.

Sahar is unsure whether the letter came from IS and believes it could have come “from the government itself to stop some writers speaking their political thoughts” as she has had many problems with government over the last six years. She believes she was also targeted by the Islamic militant Hamas for being a woman, “because in my writing and my poetry I speak about myself as a woman, I speak about my desires as a woman, my body as a woman”.

It’s easier for Hamas to silence a female artist more than a male artist by creating extra pressure from society and family, telling them: “Your daughter is shaming you, your daughter is saying things that make you look bad”.

Sahar describes a culture of sexual harassment and abuse within the artistic community that starts with marginalising and underestimating women’s work, and in extreme cases ends with sexual abuse.

“IN THE WRITING FIELD, SOME OF OUR COLLEAGUES DEAL WITH US AS JUST EASY GIRLS TO APPROACH TO TRY TO PRESSURE TO GET SEXUAL BENEFITS.”

20 FREEMUSE ”أخرياً ندرك أن “تفاحتنا ُالسوداء ، ًتفاحة مسمومة ،وأن َالدم يغيل يف رأسها متاما ًمثلام يغيل يف رؤوس األنذال الحقيقيني أنا ٌ شخصيسء“ ،”وسيني ُأوضح ُوأكرب من كل يشء To the defaulted within me . َوأنت ,Not for one night, the bombs have stopped from falling after the war ended ”رجلٌ إفريقي ينيك الحر رأسه“ ٌ ُ ,I only stopped speaking as my chest is filled with smoke ،وتتاميل ُأمامه ٌغواية بدينة ،قلبي ُ يضحك ٍبخالعة _ ,I did not lose my eyes in the war .يدخن مارجوانا جيدة _ ..صدقيني“ ,You did not lose your face either ”....أنا .And here we are, trapped in our fully-formed corpses ثم ٌنتقيئ بالتناوب بجانب الرسير ونسقط ;Words are wrapped around our necks like a noose , We cannot speak, , ”إذا ً“الله مل يغفر َخطيئة الشيطان حني قال ال !We can’t die ،و خطيئتي مبدوءةٌ بـ ال كبرية ،كيوبيد ٌإله طفلٌ ومزاجي ،وأنا مطرودةٌ من ِرحمته ،وألنني ُأعرف ذلك ُأمترد وأغضب ،كيوبيد الغبي، امللعون، يحب األشياء الالمعة والجميلة” ”كيوبيد األحمق هذا العامل مقرف، هذه ُاألشياء التي تهتز يف صدري ٌأوساخ غبية , ،يغيل ُالدم يف رأيس ُويسقط املالك ”Wings of The Desire“ سقوطا ًال ُيشبه ُّ أي ٍيشء نعرفه من فيلم ،”عندما كان الطفلُ طفالً“ ،كان ُميكن أن ّتثني ِأطرافه ٍبخفة ليتالءم داخل ٍصندوق خشبي صغري مل ال، كان مجرد ٍطفل ،وكان انطوائيا ،شاحباً !وأسئلته مريبة ... ،كان ُعامله ُالصغري بشعاً ، َكان ُالقبح ُأول ٍيشء ُرآه َحني َفتح عينيه The Perfume ومحاكاةً ل ،منذ َ ذلكالحنيِ تطورت لديه غريزةً غريبة وصار ُيحب مضغ األشياء الجميلة ! تخيل أن ترى ًفراشة وأن تشعر برغبة هائلة يف وضعها َبني أسنانك ومن ثم مضغها ببطئ ٍشديد ٍومتعة هائلة ذلك مل يكن فيلام ًعىل أي حال ... ،كان ِللطفل ُأحالمه الرسية أيضاً ،كان ُيريد أن ِّيشو َه َالعامل، وأن يع ِّني ُنفسه ملكا ًعىل ِالعامل املشوه يف.. ِأحالمه كان يحملُ سكيناً حادا/ً يبدأ دامئاً ِبشق ِبطن أمه/ وينتهي ِبإشعال ٍحريق يصل إىل السامء ...

“UNTIL NOW IT IS STILL HARD FOR A MAN TO ACCEPT THAT A WOMAN IS EQUAL. EVEN IF HE ACCEPTS IT BY HOLDING THE THOUGHT, WHEN IT COMES TO BE APPLIED IT’S HARD TO JUST DEAL WITH THAT.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 21 ZERE ASYLBEK KYRGYZ SOCIAL ACTIVIST AND SINGER

“EVERY DAY THERE ARE CASES OF DISCRIMINATION, CASES OF DOUBLE STANDARDS. I CAN SAY THAT ALMOST ANY GIRL IN MY COUNTRY HAS HAD AT LEAST ONE KIND OF VIOLATION OR HARASSMENT OR DISCRIMINATION.”

After years of taking part in small, She decided that the music video She immediately shared screen social activist projects, 19-year-old should be “provocative” because she shots of the threats and informed the Zere Asylbek decided she needed to needed to get people to speak about police. Despite these hostile attacks, do something big that would turn the the topic. Zere remains positive and wants to whole of Kyrgyzstan upside down. continue impacting her country as So she turned to music for the first she feels she achieved her goals In the video, released in September time and wrote a song—Kyz (Girl)— with her first music project. 2018, she wears a short skirt, bra to spark public debate on gender and jacket, while women covered inequality and women’s rights “A LOT OF GIRLS, THEY THINK from head to toe stand in formation in Kyrgyzstan. THAT IT’S OKAY TO BE TREATED behind her. It went viral and people THAT WAY. AND MOREOVER, A LOT Zere was partly motivated to write started talking about her and OF THEM ARE STUCK IN SOME the feminist pop song after a young shamed her body and appearance. KIND OF A COMPETITION TO BE Kyrgyz woman was ‘bride kidnapped’ It wasn’t long before Zere received LIKED BY THE PUBLIC AND BE and brutally murdered by a man who a series of death threats on social LIKED BY MEN AND GET MARRIED wanted to force her into marriage. media for her choice of clothing. SUCCESSFULLY.”

22 FREEMUSE “MOST OF THE GIRLS ARE RAISED BY THEIR PARENTS WITH THE IDEA THAT YOU HAVE TO WASH THE DISHES, YOU HAVE TO COOK, AND YOU HAVE TO GET MARRIED. FROM BIRTH YOU ARE TAUGHT TO DO THINGS IN A CERTAIN WAY AND OF COURSE IT LIMITS YOUR IMAGINATION.”

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 23 IN IRAN WOMEN CANNOT PERFORM SOLO, IN FRONT OF MEN OR PRODUCE IN GHANA, BURUNDI WOMEN DENIED THEIR OWN ALBUMS AND AUSTRALIA WOMEN ARE FORBIDDEN FROM PLAYING CERTAIN RIGHTS TO ARTISTIC INSTRUMENTS, SUCH AS THE XYLOPHONE, DRUM, FREEDOM AND DIDGERIDOO

A woman’s right to freedom of artistic expression is limited in many countries, silencing women to varying degrees, enabled by a dangerous combination of national legislations that run against international human rights standards; social norms and traditions that are allowed to remain in practice unchecked; and religious practices that are permitted to be implemented on an equal or higher level than the law. IN INDIA IT IS PROHIBITED BY LAW TO REPRESENT WOMEN INDECENTLY THROUGH ART CENSORSHIP BY ART FORM: 43% VISUAL ARTS INDECENCY AND RELIGION ARE THE 33% MUSIC MAIN RATIONALES FOR SILENCING 11% FILM WOMEN’S ARTISTIC VOICES: 5% LITERATURE 5% THEATRE Egypt, India, Iran, 3% DANCE Afghanistan, Turkey and the UK are some of the countries % that most frequently silence women on the ground of INDECENCY indecency. VIOLATIONS AGAINST Iran, India and Turkey are some of the countries WOMEN ARTISTS: % that most frequently CENSORSHIP silence women in the RELIGION name of religion. 40% 65% government agencies 16% social media platforms 11% artistic community (festivals and galleries) 8% private education institutions

Eighteen-year-old Thai popstar Lumyai Hai Thongkam was forced by soldiers in 2017 to cover herself up during a performance after they were sent to “check for appropriateness”.

A concert by the Tehran Symphony Orchestra was cancelled at the last minute in 2015 because some of the musicians were female.

In 2013, the Jeu de Paume art museum’s Facebook account was blocked for 24 hours, following a decision by Facebook to remove a photograph of a naked woman from one of its exhibitions.

Prominent Nigerian actress Rahama Sadau was banned in 2016 from performing in the film industry after she played a character holding hands and “cuddling” with a male singer in one of his music videos. ART FORMS IN WHICH WOMEN UNSAFE DIGITAL SPACE

ARTISTS AND CONTENT FEATURING Women artists suffer being silenced not only by WOMEN WERE SILENCED governments and religious structures, but also by social media platforms, such as Facebook, Instagram, Twitter and MUSIC: 40% YouTube. These companies increasingly remove content A majority of cases occurred in Egypt, Iran, India, they deem indecent or by request from authorities. Threats Afghanistan, Lebanon and Turkey, while some cases through social media on women artists are also on the rise. also happened in Cambodia, Indonesia, South Korea, Mauritania, Morocco, Pakistan, Poland, Saudi Arabia, Somalia, Thailand, Uganda and in the digital space. 22% 60% 30% VISUAL ARTS: 27% of all violations of cases in the of cases in the against women digital space digital space A majority of cases occurred in the UK, India, China and artists happened are threats were censorship in the digital space, while some cases also happened in in the digital received by a social Australia, Bolivia, Iran, Denmark, Italy, Japan, New space. online. media platform. Zealand, Peru, South Africa, Tajikistan and Uzbekistan. of censorship cases were done by DANCE, THEATRE AND LITERATURE: 19% 16% social media and online platforms A majority of cases occurred in Egypt, India, Iran, Saudi Arabia, Afghanistan, China, Turkey, Nigeria and in the digital space.

FILM: 14% A majority of cases RTISTS SIN occurred in India, Iran, EN A CE 2 OM 013 Egypt, Pakistan, T W Morocco and NS AI Nigeria. G A S E S A % C E GOVERNMENT R E AGENCIES V E S % N I ARTISTIC S COMMUNITY R

O (ARTIST UNIONS, T %

A ASSOCIATIONS,

L UNKNOWN OR

SEVERE AND SYNDICATES) O

I UNIDENTIFIED V

VIOLATIONS: INDIVIDUALS/ N

I GROUPS ATTACKED

A M AND THREATENED 60% WOMEN ARTISTS 34% of women artists were threatened, harassed or persecuted 17% of women artists were imprisoned or detained 3% of women artists were attacked 3% of women artists were prosecuted, sanctioned or fined 2% of artworks featuring women or made by women were destroyed or damaged 1% of women artists were killed

Egyptian musician Laila Amer was handed a two-year prison sentence by Egyptian authorities in 2018 for“inciting debauchery and immorality” with her “suggestive gestures and dancing” in a music video.

Lebanese-Serbian pop star and model Myriam Klink and Lebanese singer Jad Khalife were interrogated for over six hours over her music video that authorities banned for being “indecent”. Moroccan actress Lubna Abidar received threats and was violently attacked in Morocco by a knife-wielding gang over her role in the film Zin li fik (Much Loved). CHAPTER 2 INTERNATIONAL FRAMEWORK OF PROTECTION OF WOMEN’S RIGHTS TO ARTISTIC FREEDOM AND CULTURAL EXPRESSION

26 FREEMUSE CHAPTER 2 “STATES SHOULD CONDEMN VIOLENCE AGAINST WOMEN AND SHOULD NOT INVOKE ANY CUSTOM, TRADITION OR RELIGIOUS CONSIDERATION TO AVOID THEIR OBLIGATIONS WITH RESPECT TO ITS ELIMINATION”.

DEVAW, ARTICLE 4. INTERNATIONAL LAWS do not recognise women artists as a particularly protected group, but a number of international instruments have been adopted to guarantee their right to freedom of expression and participation in cultural life, as well as protect them from any form of gender-specific violations of human rights. Since the principle of non-discrimination is the basis for the universality of human rights in general, any restrictions imposed on women artists that are incorporated in domestic legal systems are against international standards. Through the well-established standard for over the last five years, back up the general. Such an influx of new everyone’s enjoyment of cultural finding of the UN Special Rapporteur approaches to this issue has been rights without discrimination, women in the field of cultural rights that of enormous importance, having in are guaranteed equal access to the principle of “equality” has been mind that the status of women artists cultural content both as audience insufficient to ensure the equal is principally a reflection of the members as well as creators of such participation of men and women in general position of women in society. content, regardless of local cultural cultural life.2 Due to the continuing Apart from documents policing the policies, religious practices and status of women artists through the traditional customs. development of human rights, in the past two decades the international perspective of freedom of expression and participation in cultural life, Despite that, in many countries community started addressing the adoption of regulations related women are restricted from exercising this particular challenge, which to other aspects, such as freedom their right to artistic freedom and resulted in an introduction of a set of movement, association, religion, cultural rights in various ways, not of recommendations for fighting protection from attacks on physical because of the physical differences gender-based discrimination in integrity, and participation in social, between men and women, but cultural spheres. economic and political life, as well as because of the socially constructed in decision-making processes, also roles that are tied to gender and Recently inaugurated measures have positive effects on the quality justified by referring to the protection on the protection of women artists of legal guarantees for women’s of culture, religion and traditions.1 derive from the increase in the position in cultural life. The violations of women artists’ number of international instruments rights that Freemuse has registered regulating gender equality in

28 FREEMUSE “WOMEN ARTISTS AND AUDIENCES ARE AT PARTICULAR RISK IN SOME COMMUNITIES, AND ARE PROHIBITED FROM PERFORMING ARTS ALTOGETHER, FROM SOLO PERFORMANCES BEFORE MIXED AUDIENCES, OR FROM PERFORMING WITH MEN. IN A NUMBER OF COUNTRIES, MANY WOMEN MAKING A LIVING AS ARTISTS, OR WISHING TO ENGAGE IN ARTISTIC CAREERS, PARTICULARLY IN THE AREA OF CINEMA, THEATRE, DANCE AND MUSIC, CONTINUE TO BE LABELLED AS ‘LOOSE’ OR ‘PROSTITUTES’.”

UN HUMAN RIGHTS COUNCIL, ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF CULTURAL RIGHTS, FARIDA SHAHEED’, 14 MARCH 2013, A/HRC/23/34, PARA. 43

which guarantees the right for rather focuses on gender-based International everyone to take part in cultural life, discrimination.5 framework: and Article 19 of the International Enjoying Covenant on Civil and Political Rights The principle of non-discrimination (ICCPR) pledging the right to freedom has been one of the most freedom of expression. fundamental principles underlining of artistic international human rights laws. These core human rights and Only a year after the Organization of expression fundamental freedoms instruments the United Nations was established in 1945, the Economic and Social without provide legal protection to artists Council (ECOSOC) created the for expressing themselves through gender-based Commission on the Status of Women arts and culture, but neither of dedicated to promoting gender discrimination them address women artists as equality and women empowerment. a specifically protected group. Neither binding nor non-binding Despite this, it was soon realised Nevertheless, due to the prohibition international instruments guarantee that initial documents adopted within of any form of gender-based freedom of artistic expression as the United Nations framework did discrimination,4 women artists have such, but already in 1948 when the not provide sufficient solutions the right to enjoy the freedom of Universal Declaration of Human for women’s equal participation Rights (UDHR) was adopted, it artistic and cultural expression and in political, social, economic and called for the right of everyone creativity in the same way as men. cultural life. Reality showed that to “participate in the cultural life Although different instruments, women were not only under- of the community and to enjoy mostly depending on the time of the represented in public spheres, but the arts”.3 This right was further adoption, refer to the discrimination they also faced gender-specific affirmed in 1966 with Article 15 of the women face as either violations violations of their rights as prescribed International Covenant on Economic, grounded in sex or gender- in laws or through the discriminatory Social and Cultural Rights (ICESCR), specific characteristics, this report implementation of them.

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 29 With the awareness of gender- law and practice with the intention “inalienable, integral and indivisible based discrimination still being of identifying, promoting and part of universal human rights”.9 The a systematic challenge, on 18 exchanging views on the elimination last review from 2015 found that, December 1979 the UN General of laws that discriminate against despite some progress registered in Assembly adopted the Convention women or are discriminatory to certain fields, discrimination against on the Elimination of All Forms women in terms of implementation women remained, both in law and of Discrimination against Women or impact.8 This took place in parallel practice, in countries where non- 10 (CEDAW). This treaty, ratified by with the merging of four UN women- discrimination laws exist. almost every country in the world related agencies and offices into the Furthermore, in September 2015 the with exception of the United States, UN Entity for Gender Equality and Sustainable Development Goal (SDG) Iran, Palau, Somalia, Sudan and the Empowerment of Women, 5 was introduced as an additional Tonga, has been commonly known known as UN Women, which measure for achieving gender as the “women’s bill of rights”. It focuses on gender dimensions calls for states to take appropriate equality and empowering all women of development and human measures to enable women to enjoy and girls. The fifth goal aims to “end rights issues. the rights and freedoms on a basis of all forms of discrimination against equality with men in political, social, all women and girls everywhere”, In 1995, during the 4th World economic and cultural fields6 and “eliminate all forms of violence Conference on Women held in the right to equally participate in against all women and girls in the Beijing, a platform for action was recreational activities, sports and all public and private spheres”, and created with a five-yearly review of aspects of cultural life.7 “adopt and strengthen sound policies specific actions prescribed to ensure and enforceable legislation for the the respect of women’s rights. The The end of the 20th and the promotion of gender equality and the review process focuses on 12 critical beginning of the 21st century empowerment of all women and girls areas of concern, which include the 11 brought a new wave of acts in at all levels”. the international arena aiming to “human rights of women” as an remedy challenges women face in enjoying their human rights in different public spheres. In 1993, the UN General Assembly adopted the “GENDER EQUALITY IS CENTRAL TO THE SDGS Declaration on the Elimination of [SUSTAINABLE DEVELOPMENT GOALS], AND IF IT IS NOT Violence against Women (DEVAW), ACHIEVED, THE IMPLEMENTATION OF ALL THE GOALS followed by the establishment of the WILL BE COMPROMISED.” UN Special Rapporteur on violence against women one year later. UN WOMEN, ‘TURNING PROMISES INTO ACTION: GENDER EQUALITY IN THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT’, 2018, P. 74-75. The commitment to ensuring the realization of women’s rights was further fortified in 2010, when the Human Rights Council established a Working Group on the issue of discrimination against women in

30 FREEMUSE Parallel to these global efforts by different stakeholders to provide women with better opportunities “REALISING WOMEN’S CULTURAL RIGHTS, WHICH to exercise their rights, different ENCOMPASS THE RIGHT TO TRANSFORM EXISTING regional instruments12 were also CULTURAL PATTERNS AND THINKING, IS ESSENTIAL developed, which positively affected FOR REALISING WOMEN’S HUMAN RIGHTS MORE domestic legislation in many national GENERALLY.” contexts. All these instruments were UNITED NATIONS GENERAL ASSEMBLY. ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF intended to strengthen the legal CULTURAL RIGHTS, FARIDA SHAHEED’. 10 AUGUST 2012, A/67/287, PARA. 38 protection of women in different spheres of political, social, economic and cultural life in general. Still it took decades for the international and communication is the essential Convention uphold the principle of community to recognise gender prerequisite for all artistic activities” gender equality as a cornerstone of and that “Member States should as a specific problem for artistic human rights in general and cultural see that artists are unequivocally rights in particular”.14 freedom that needed to be addressed accorded the protection provided separately. It was only in the 2000s for in this respect by international The institution of the UN Special that international human rights and national legislation”. Article Rapporteur in the field of cultural bodies started working on fighting III(8) calls for Member States rights has significantly contributed gender-based discrimination related to ensure that all individuals, to raising awareness about gender to the enjoyment of cultural rights irrespective of sex and other discrimination in the cultural and artistic freedoms. personal characteristics, have the sphere and in shaping norms on same opportunities to “acquire and women’s cultural expression and develop the skills necessary for the artistic freedom. When in 2009 the complete development and exercise Human Rights Council introduced International of their artistic talents, to obtain the independent expert in the efforts to employment, and to exercise their field of cultural rights and in 2012 profession without discrimination”.13 extended its mandate, it called protect women for the integration of the gender artists’ right In addition, Article 7 of the 2005 perspective into the work of the to freedom of UNESCO Convention on the Special Rapporteur.15 Protection and Promotion of the expression Diversity of Cultural Expressions Some of the Special Rapporteur’s (2005 UNESCO Convention) annual reports are of crucial UNESCO has been at the forefront emphasises the status and role of importance for understanding of promoting artistic freedom and women in society and the need to the position of women artists. In gender equality for artists. Article consider the “special circumstances 2012, Special Rapporteur Farida III(6) of its 1980 Recommendation and needs of women”. In 2015, a Shaheed dedicated the report to Concerning the Status of the Artist UNESCO report highlighted how women’s cultural rights. In this reads that “freedom of expression “both the letter and the spirit of the report, she underlined women’s

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 31 right to have access to, participate in and contribute to all aspects of cultural life.16 In 2013, she put “STATES ARE UNDER A POSITIVE OBLIGATION TO forward a seminal report outlining ERADICATE ALL FORMS OF STRUCTURAL AND SYSTEMIC different approaches to ensuring the DISCRIMINATION THAT MAY OBSTRUCT WOMEN’S increased recognition of freedom ENJOYMENT OF THEIR RIGHT TO TAKE PART IN of artistic expression and creativity CULTURAL LIFE.” in international human rights law. These approaches also extend to UNITED NATIONS GENERAL ASSEMBLY. ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF CULTURAL RIGHTS, FARIDA SHAHEED’. 10 AUGUST 2012, A/67/287, PARA. 44 the discrimination against women artists and audience members.17 The Special Rapporteur’s 2017 report on the impact of fundamentalism and and groups from violating artistic extremism on the cultural rights freedoms through their application of Limitations of women notes that states have a laws, policies or practices. Under the responsibility to design programmes of the right to 2005 UNESCO Declaration, they are aimed at creating conditions that obliged to exercise “due diligence”, artistic freedom allow women to access, participate in preventing, investigating and in and contribute to cultural life affecting punishing abuses of women’s rights without discrimination.18 in relation to their artistic freedom women artists even if not carried out directly by Standards set at an international agents of the state. By precluding International human rights standards level impose different obligations allow restrictions of freedom of for national states in this regard. and properly sanctioning any state or expression and subsequently artistic Under international human rights non-state actor attempting to censor law, states are obliged to respect, or in other way prevent women from expression for some types of content protect and fulfil women’s rights to expressing themselves through art, under strictly defined conditions. artistic freedom. The 2005 UNESCO they create an atmosphere in which Some international instruments Convention encourages state parties such actions are recognised as define the restrictions related to to adopt measures and programs to wrongful and against international content,20 which are commonly standards in the field of cultural promote a comprehensive approach applied in national legal systems. rights and artistic freedoms. Finally, to women’s artistic freedom. This In 2011, the Special Rapporteur states must take action to ensure primarily means that states must on the promotion and protection restrain themselves from violating the enjoyment of women’s rights to of the right to freedom of opinion women artists’ rights to freedom artistic freedom through the creation and expression at the time, Frank of expression by introducing of appropriate programs, resources La Rue, recommended to clearly domestic legislations that are in line and environments. All these with international standards and measures have been introduced to distinguish between expressions eliminating laws, regulations and calculate the degree of effort a state that amount to criminal offences, practices that restrict women from exercises to implement rights in civil or administrative offences and equally participating in cultural life. practice and hold it accountable for offences that harm only tolerance, States must also prevent individuals its actions or inactions.”19 civility and respect for the rights of

32 FREEMUSE others.21 La Rue also listed so-called to the strict tests of necessity for argue that international human exceptional types of expression that legitimate purposes and conform to rights laws tend to impose certain states are required to prohibit under the principle of proportionality.27 The values on societies that are not found international law. These are: child restrictions must be proportionate immanent to their own local system pornography,22 direct and public to the interest to be protected and of values. They believe that local incitement to commit genocide,23 as little intrusive as possible to cultural, religious, political and legal advocacy of national, racial or achieve the desired result. It is also practices should rather determine religious hatred that constitutes stressed that only substantive law, the existence and scope of civil and incitement to discrimination, hostility and not traditional, religious or other political rights enjoyed by individuals or violence,24 and incitement to customary law, may be the basis of in a given society.29 terrorism.25 such restrictions.28 This Freemuse report reflects on The Committee on Economic, Social These limitations have been set a number of countries in which and Cultural Rights requires that, under the international framework cultural relativism is used for apart from being inscribed in laws, and as such they are applicable opposing the application of the limitations must be proportionate, to any form of artistic creation, international standards protecting meaning that the least restrictive regardless of gender. Conversely, women artists’ rights. This practice measures must be taken when the limitations of women artists’ has also been seen in a number of several types of limitations are expressions that Freemuse reservations during the ratification of imposed.26 Article 19(3) of the ICCPR has registered are triggered by international instruments, especially allows restrictions on freedom of discriminatory actions performed by to the ratification of the CEDAW. expression as long as they are lawful different stakeholders, grounded in Bangladesh reserved the provisions and necessary for the respect of patriarchy, traditions, religion and of Article 2, as they are in conflict the rights or reputations of others other cultural norms which differ with Sharia law based on the Holy or for the protection of national from one society to another. Cultural Koran and Sunna;30 Oman reserved security, public order, public health relativism has often been used as an all provisions of the Convention for or morals. When the Human Rights argument by states when restricting not being “in accordance with the Committee analysed the application women’s rights to artistic freedom provisions of the Islamic Sharia and of this provision, they underlined that and justifying their non-compliance legislation in force in the Sultanate of possible restrictions must conform to international laws. Relativists Oman”;31 while Saudi Arabia refused

“STATES PARTIES SHALL TAKE ALL APPROPRIATE MEASURES TO MODIFY THE SOCIAL AND CULTURAL PATTERNS OF CONDUCT OF MEN AND WOMEN, WITH A VIEW TO ACHIEVING THE ELIMINATION OF PREJUDICES AND CUSTOMARY AND ALL OTHER PRACTICES WHICH ARE BASED ON THE IDEA OF THE INFERIORITY OR THE SUPERIORITY OF EITHER OF THE SEXES OR ON STEREOTYPED ROLES FOR MEN AND WOMEN.”

CEDAW, A/RES/34/180, ARTICLE 5 (A)

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 33 to observe the Convention in case of Although women’s right to freedom In order to combat the systematic contradiction between any terms of of artistic expression is promoted discrimination women face in the the Convention and norms of Islamic through a number of internationally cultural sector, besides eliminating law.32 With such reservations, states adopted provisions, particular all discriminatory legislation and are able to put their religious laws states consistently refrain from practices, states need to fight the and religion above the elimination of applying them due to considerations consequences of the centuries-long gender-based discrimination. The for local traditions and customs, patriarchy, which has marginalised reasoning behind these reservations which restrict women from freely women in the public sphere. has been directly opposed by the very expressing themselves through Although the general pre-conditions heart of international human rights different artforms or accessing for gender equality have been law, which holds that human rights certain cultural performances. determined through international are universal and not dependent One important note is namely that human rights law, it still needs to be on culture, while obliging states to women’s challenges and needs are applied at national and local levels, eliminate violations and harmful often context-specific and thus vary as well as accepted by the majority of practices. between regions, countries and people, including women themselves. even communities. As such, the In many societies across the globe adoption of a single international women’s transformative initiatives instrument would not be sufficient referring to the cultural sector are Conclusion to promote the rights of all women. yet to be embraced. Because human However, apart from states where rights constantly evolve, international Despite standards, measures and religion plays an important role in and national stakeholders must regulations set at the international defining domestic laws and policies, continuously contribute to ensuring level, different challenging contexts patriarchal norms seriously influence these rights on a contemporary basis. in which women artists exercise the status of women artists in almost their right to freedom of artistic all societies, whether in the global expression indicate that gender North or South. equality has not been achieved in the field of arts and culture. Women remain outnumbered in the cultural sector, stifled in the name of religion SPECIAL RAPPORTEUR RECOMMENDS THAT STATES or tradition, restricted by strict “ENSURE THAT RESPECT FOR CULTURAL DIVERSITY domestic legislations, and exposed to DOES NOT TRANSLATE INTO A PLURALISTIC LEGAL sexist and misogynist comments and SYSTEM ALLOWING FOR CUSTOMARY LAWS, TRADITIONS various forms of harassment. These OR PRACTICES THAT CONTRAVENE WOMEN’S HUMAN violations show that the protection RIGHTS, INCLUDING THEIR CULTURAL RIGHTS.” guaranteed to women artists globally has not yet met the satisfactory UNITED NATIONS GENERAL ASSEMBLY. ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF CULTURAL RIGHTS, FARIDA SHAHEED’. 10 AUGUST 2012, A/67/287, P.23 level of implementation in national contexts, while a number of states still remain tied to discriminatory laws.

34 FREEMUSE Chinese performance artist Yan Yinhong says she tries to question society using her own language—art. In 2013 she was assaulted by two men during her performance of One Person’s Battlefield, a piece intended to highlight sexual violence against women. PHOTO COURTESY OF THE ARTIST

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 35 CHAPTER 3 DISCRIMINATION AGAINST WOMEN AND VIOLATIONS OF WOMEN’S RIGHT TO ARTISTIC FREEDOM

36 FREEMUSE CHAPTER 3 “THE CRITICAL ISSUE, FROM THE HUMAN RIGHTS PERSPECTIVE, IS NOT WHETHER AND HOW RELIGION, CULTURE AND TRADITION PREVAIL OVER WOMEN’S HUMAN RIGHTS, BUT HOW TO ARRIVE AT A POINT AT WHICH WOMEN OWN BOTH THEIR CULTURE (AND RELIGION AND TRADITION) AND THEIR HUMAN RIGHTS”. UNITED NATIONS GENERAL ASSEMBLY. ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF CULTURAL RIGHTS, FARIDA SHAHEED’. 10 AUGUST 2012, A/67/287, PARA. 4

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 37 “CULTURES ARE SHARED OUTCOMES OF CRITICAL REFLECTION AND CONTINUOUS ENGAGEMENTS OF HUMAN BEINGS IN RESPONSE TO AN EVER-CHANGING WORLD. THE TASK AT HAND IS TO IDENTIFY HOW HUMAN RIGHTS IN GENERAL, AND EQUAL CULTURAL RIGHTS IN PARTICULAR, CAN ENABLE WOMEN ‘TO FIND PATHS THROUGH WHICH WE MAY VIEW TRADITION WITH NEW EYES, IN SUCH A WAY THAT IT WILL NOT VIOLATE OUR RIGHTS AND RESTORE DIGNITY TO... WOMEN... [AND] CHANGE THOSE TRADITIONS WHICH DIMINISH OUR DIGNITY’”.

UNITED NATIONS GENERAL ASSEMBLY. ‘REPORT OF THE SPECIAL RAPPORTEUR IN THE FIELD OF CULTURAL RIGHTS, FARIDA SHAHEED’. 10 AUGUST 2012, A/67/287, PARA. 4

artistic work is also subjected to political, economic, social, cultural, censorship. They face prosecution, civil or any other field”.3 imprisonment, attacks, as well as threats to their life in pursuit of Furthermore, state parties of their artistic expression. Identity- the Covenant on the Elimination based forms of discrimination of All Forms of Discrimination WOMEN AND WOMEN can be meted out to them by both Against Women (CEDAW) have a state and non-state actors, and, as responsibility to “take all appropriate artists face various forms of documented cases show, in the name measures, including legislation, discrimination across every region of protecting tradition and religion, to modify or abolish existing laws, in the world because of their gender. as well as protecting ‘morality’. regulations, customs and practices Many of these forms of gender This discrimination can also be which constitute discrimination discrimination are endemic and witnessed in the gender segregation against women”4 and “to modify pervasive, creating serious obstacles that has been enforced on women the social and cultural patterns of to the full enjoyment of women’s in relation to musical instruments. conduct of men and women, with human rights. All people regardless Evidence shows that perpetrators a view to achieving the elimination of gender, race and cultural of such abuses can range from of prejudices and customary and backgrounds possess human rights. governments to non-state actors all other practices which are based Some of the human rights principles such as professional organisations, on the idea of the inferiority or the are namely that they are universal, art galleries and audiences. superiority of either of the sexes 1 inalienable and indivisible. Among or on stereotyped roles for men these are cultural rights, which are and women”.5 an expression of and prerequisite for human dignity and important States’ responsibilities to International law institutes a clear factors for both universality and end discrimination against responsibility on states that extends 2 cultural diversity. women’s rights to artistic beyond violations by those acting on freedom behalf of the state and its bodies. This chapter exposes a particular And it is the due diligence framework form of gendered discrimination, According to international human which has increasingly been used which extends into also restricting rights law, discrimination against to fully grasp and comprehend the women’s access, full participation women refers to “any distinction, state’s obligations on women rights. in and contribution to cultural exclusion or restriction made on the This framework places the state at activities. Women face specific basis of sex which has the effect or the center of analysis examining limits on their artistic freedom and purpose of impairing or nullifying the how states have met their obligation expression simply because they recognition, enjoyment or exercise in preventing violations, protecting are women. For instance, women by women, irrespective of their vulnerable groups, prosecuting and are prohibited from playing specific marital status, on a basis of equality punishing perpetrators as well as musical instruments or from of men and women, of human rights providing redress and reparation for performing on stage with men. Their and fundamental freedoms in the victims of women’s rights violations.

38 FREEMUSE Feminist activist artists Guerrilla Girls’ 2015 project calling out Iceland’s National Film Centre by asking why 87% of its funding has gone to men. PHOTO COURTESY OF GUERILLA GIRLS

The Due Diligence Framework and the State’s Obligations

* Prevention covers the state’s obligation to counteract discrimination against women by challenging the cultural narrative and norms that contribute to the discrimination. This includes challenging root causes such as structural discrimination, taboos and gender stereotypes. It requires a multi-pronged approach to dismantle discriminatory gender norms through, for example, developing programs designed at transforming attitudes and behaviours and eliminating risk factors by strengthening women’s access to economic and legal rights. It also requires establishing partnerships with other actors to enhance positive change. It involves formulating comprehensive laws that tackle gender discrimination in all its forms and amending existing laws that facilitate gender discrimination.

* Protection entails a responsibility on the state to ensure accessible, prompt and timely delivery of services focusing on the short, medium and long-term needs and protection of women.

* The state also has a duty to investigate and prosecute cases of all forms of discrimination against women. Plural legal systems should similarly be harmonised with and incorporate international human rights norms and standards.

* Furthermore, the state has an obligation to provide certainty of punishment and eradicate impunity, excuses and justification for gender discrimination against women—all based on an understanding of how systemic and structural inequalities operate to undermine women’s rights.

* Finally, the state must provide redress and reparation of harm and loss suffered by women. The state is obligated to eliminate or mitigate the effects of gender discrimination through different measures, including but not limited to, compensation and public apologies.

SOURCE: THE DUE DILIGENCE PRINCIPLE AND THE ROLE OF THE STATE: DISCRIMINATION AGAINST WOMEN IN FAMILY AND CULTURAL LIFE, Submission to the United Nations Working Group on Discrimination Against Women in Law and in Practice, Zarizana Abdul Aziz and Janine Moussa, Due Diligence Project (DDP), January 2015, p. 24-25

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 39 The term ‘discrimination’ used in work to specifically restrict women this report refers to gender-based from accessing and enjoying their discrimination rather than sex- artistic and creative freedom and based discrimination.6 Gender- expression in various countries. based discrimination differs from It reflects on how the state has sex-based discrimination: Gender failed to exercise due diligence in based discrimination is based on preventing attacks on women, to the roles attributed by society to effectively investigate violations men and women rather than simply of women’s rights, appropriately on the basis of their biological sex.7 punish non-state actors and provide This report on women artists and the necessary help for women to access to cultural rights is in part carry out their legitimate activities. an attempt to address this gap in Instead, some women are confronted information and to start shaping with further discrimination from appropriate forms of advocacy and the state machinery and pushed campaigning. Investigative research to conform to gender stereotypes, and information on gender-based In 2015 composer and conductor Ali Rahbari which decree that women should not refused authorities’ orders to exclude only the discrimination against women women part of the Tehran Symphony Orchestra in the artistic field is rare and question the status quo and thereby from a performance. Instead he decided to undermine societal norms. cancel it. sporadic in nature. Whilst literature CREDIT: PHOTO BY JAN ZASLAWSKI discussing censorship and freedom of expression in various cultural and social contexts exists, there Freemuse has found a pattern of are virtually no studies offering deliberate marginalisation and an examination or analysis of how 3.1 Gender-based gender discrimination specifically abuses of the rights of women targeted at women artists in its discrimination and research. This discrimination artists—which we are witnessing violations by the state operates at several levels. In a across the globe—violate majority of cases it has acted to international human rights standards limit women’s rights to accessing and law. However, with the launch of their artistic expression. Through the Sustainable Development Goals Societies across the world often prohibitions it has also often (SDGs), which included a gender perceive women to be custodians of coerced women into conforming to equality goal and targets about culture and family and community patriarchal norms across many parts ensuring equal participation, the of the world. When women actively honour. And it is this preservation understanding of women rights have demand the right to perform and to of socially constructed gender gained more attention. Combining exercise their rights in expressing norms that is also often leveraged this with a greater inclusion of themselves artistically, some by sections of the community to community members or societies the cultural rights framework prevent women from participating view them as threatening prevailing will similarly provide a better in cultural activities and fully cultural norms and therefore understanding of how governments expressing themselves artistically. seek to limit these choices. Equal can ensure that everyone, including The UN Special Rapporteur in the possibilities to contribute to a full women, can fully engage in cultural field of cultural rights highlights that cultural life entails the ability to “use spheres without gender-based cultural rights must be understood imagination and intellect in both experiencing and producing works discrimination. as also relating to “who in the and events of one’s own choice: community holds the power to spiritual and material, intellectual This chapter demonstrates the define its collective identity”.8 This and emotional, including in all forms pattern of how governments fail means that challenging the status of artistic creativity, for example to respect and promote women’s quo and promoting women’s rights music and literature”.9 Access to rights to artistic freedom and in the cultural sphere are complex these set of rights is restricted for cultural expression. It focuses on undertakings, requiring a systematic some women artists and as a result, how domestic legal frameworks, and in-depth analysis of how these the range of perspectives and artistic regulations and statutory bodies communities operate at several levels. styles in the art world is being limited.

40 FREEMUSE Burundi: Law banning anyone who performs with them at National and International Levels.14 The women from beating drums weddings or for entertainment is decree states: “It is strictly forbidden violating cultural norms.12 Others for women to beat the drum. In In Burundi, sacred drums are often believe women should not beat accompaniment to the drumming, played during traditional dance drums because the drum is thought they can nevertheless perform rituals. The importance of the ritual to symbolise a woman’s body. Various female folk dances”.15 In addition, it parts of the drum are named after dance of the royal drum was reflected was made obligatory for drumming the female body and drumsticks are in 2014 when it was inscribed on groups to register with the Ministry thought have phallic connotations.13 UNESCO’s list of Intangible Cultural of Culture and be given authorisation Heritage of Humanity. UNESCO from the ministry before performing describes the ritual as a spectacle In this context, Burundi’s president, at any events. Performers must, combining powerful, synchronised Pierre Nkurunziza, officially banned however, also pay the treasury a drumming with dancing, heroic female drummers when he signed fee equivalent to about 245 euros, poetry and traditional songs. Many Presidential Decree No 100/0196 of Burundians see it as a fundamental 20 October 2017, named Regulating imposing further restrictions 16 part of their heritage and identity— the Exploitation of the Drum at on drummers. an art form that is intrinsically part of their collective and individual identity.10 However, in 2017 women were officially banned from beating the drums.

For centuries, the drums have been played and viewed by Burundians as a deeply significant and sacred ceremony that symbolises a united kingdom.11 In the country’s Kirundi language, the word for drum (ingoma) means kingdom. The ritual used to only be performed at the royal courts, but as times have progressed, it has become a part of daily life. As a result, an increasing number of groups perform using these drums as entertainment during social festivities such as weddings, graduation ceremonies and birth celebrations. Nonetheless, those holding traditional ideas believe the idea of women beating this particular Traditional Burundian drummers perform at a public event in Burundi’s capital, Bujumbura. drum is unacceptable and in addition, CREDIT: PHOTO BY ANDREAS31

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 41 According to Jean Bosco Hitimana, the then Minister of Culture, the decree has not been framed to “MALE MUSICIANSHIP IS INTIMATELY CONNECTED WITH act as a prohibition, but instead MASCULINITY, AND WHEN MEN MAINTAIN MUSICAL protect and promote the national INSTRUMENTS AS THEIR EXCLUSIVE CULTURAL culture of drumming in Burundi.17 PROPERTY, THEY MAKE ASSERTIONS ABOUT MASCULINE However Freemuse believes that this ban is discriminatory in intent IDENTITIES AND ROLES.” and nature, affecting the right of ACADEMIC VERONICA DOUBLEDAY, ‘SOUNDS OF POWER: AN OVERVIEW OF MUSICAL INSTRUMENTS AND GENDER’ women to play this instrument in public. Observers and feminists on the ground have also responded to this measure by asserting that it is with masculinity, and when men According to Article 1 of CEDAW, in fact preserving and protecting maintain musical instruments the Burundian decree is a legal a male-dominant culture and as their exclusive cultural impediment and constitutes an act of tradition of drumming in Burundi. property, they make assertions discrimination against women: The Historically, drums have most often about masculine identities and ban acts as a distinction, exclusion been played by men when preparing roles”.20 Also in Burundi, drum and restriction made on the basis of 18 themselves spiritually for battle, beating is symbolically associated sex, which has the effect of impairing yet the decree legally reinforces an with masculinity and women are or nullifying the recognition, entrenched discrimination directed limited to other instruments and enjoyment or exercise by women’s at women. Even in parts of the West, thus expressions, which is a clear rights to cultural expression and where gender discrimination is violation of their cultural rights. freedom of artistic expression. not associated with stark forms of Furthermore, the requirements to gender segregation, the drums are The example provided highlights how seek authorisation and pay a fee still associated with male power, an outright ban on women playing create additional restrictions on strength and confidence. Observers the drums has violated their cultural women artists—who may be less able have also noted how women wishing rights. Freemuse has also witnessed to afford these fees—and individuals to play the drums are often met with how taboos and myths have been who have the right to learn and take derisory comments and attitudes— leveraged to prevent women from part in cultural life. The Burundi often judged not just for their skills, playing not only drums but also President and his government 19 but also their looks. other instruments by invoking have legal obligations to amend or ideas of fertility, infertility and annul the decree in compliance with Veronica Doubleday is one of the menstrual dirtiness. By assigning CEDAW, which Burundi ratified in academics whose work has focused gendered perceptions to instruments January 1992. on understanding the gendered and performers, the patriarchal nature and segregation of musical tradition of allowing only men to instruments. In Sounds of Power: play particular musical instruments an overview of musical instruments sustains and enhances images of and gender, she argues that: “Male male authority and leadership. musicianship is intimately connected

42 FREEMUSE non-state actors. This section will musician is therefore considered focus on violations and discriminatory to be not only a poet, but also an 3.2 Gender-based practices based on conservative entertainer, social commentator, interpretations of traditions and critic and moralist.24 discrimination and religion by society or authorities.22 violation by non- However, despite its prominence state actors in cultural practice across parts of Ghana, the gyil is only played by 3.2.1 Discriminatory men.25 Social custom and folklore practices by traditions have worked together to ensure a form of gender segregation as to who Gender-based discrimination and and societies can play this instrument. Dagaare violations of women’s artistic freedom myth and folklore hold that women by non-state actors are widespread Ghana: No access to the who play this instrument become in many countries across all regions poetic xylophone for women sterile.26 Infertility carries huge social of the world. This includes violations stigma in Ghana, where childbearing based on discriminatory values and In the upper west region of Ghana, is seen as vital to marital success practices based on conservative the xylophone (gyil) has a prominent for a woman, and the responsibility notions of tradition and religion. role in Dagarti festivals, religious for it is borne by women.27 However, Perpetrators include religious worship and funeral celebrations. in their defiance of these cultural authorities, religious fundamentalist The xylophone functions both as a norms, a handful of Dagarti women groups,21 and audiences, amongst communication medium, and more have tried to overcome these myths others. Under international laws critically, as a transmitter of what are by attempting to mimic its sound by and the due diligence framework, commonly known as ‘poetic texts’. hitting or stretching the cloth of their the state has legal responsibility People who play the instrument dresses in varying angles between to prevent, protect, investigate and are called xylophone poets, as they their legs and thus produce the tones 28 prosecute, punish, redress and recite poetry and texts that convey similar to the xylophone. reparation to women and women moral values to the community This discriminatory practice against artists from harm perpetrated by while playing the xylophone.23 The women has no constitutional or legal basis. It remains the government’s responsibility to protect women from discrimination and violation of their cultural expression and artistic freedom. CEDAW requires that its state parties “modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either When the music video for Hwages (Concerns) was released in December 2016, YouTube viewers called it “disgusting” and “extremely inappropriate”. Read more on page 90. of the sexes or on stereotyped roles 29 CREDIT: YOUTUBE for men and women”.

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 43 “WE KNOW VERY CLEARLY THAT THERE IS A RANGE OF CONSEQUENCES FOR FEMALES TOUCHING A DIDGERIDOO (…). IN OUR TIMES THERE ARE MEN’S BUSINESS AND WOMEN’S BUSINESS, AND THE DIDGERIDOO IS DEFINITELY A MEN’S BUSINESS Australia: Women excluded CEREMONIAL TOOL.” from playing the DR MARK ROSE, ABC NEWS, 3 SEPTEMBER 2008 didgeridoo

The practice of gender segregation vis-a-vis musical instruments is also found in Australia. The didgeridoo—a wind instrument—can only be played by Aboriginal men. Dr Mark Rose, who in 2007 advocated for the pulping of a book in 2007 that encourages girls to play the didgeridoo, insists that the instrument—pivotal to ancient Aboriginal ceremonies—is solely a man’s instrument. Those thought to be encouraging women and girls to play the instrument have been labelled as ignorant of Aboriginal traditions and disrespectful of ancient norms. The instrument is shrouded in taboos, and those advocating for this form of gender segregation have argued that women or girls will be become Didgeridoo CREDIT: GRAHAM CRUMB/Imagicity.com infertile if they play it.30 Advocates have vigorously upheld these ideas even when mainstream and societies are essential to its well-being. Furthermore, states should respect internationally recognised women This custom, which is evidently and protect the freedom of women to 31 artists have played this instrument. discriminatory, cannot be justified critique existing cultural norms and The Special Rapporteur in the field of under obligations that states have traditional practices, and to create cultural rights has clearly illustrated as party to international standards. new cultural meaning and norms that cultures are constantly changing With regards to cultural rights, it is of behaviour.34 However, several and are not fixed. Realising women’s recommended from an international cases show that challenging the cultural rights encompasses the level that states adopt measures “to status quo is not easy in societies right to transform existing cultural ensure that women participate, on an where patriarchal traditions have patterns and thinking, and is equal basis with men, in identifying “essential for realising women’s and selecting what constitutes dominated. Opportunities for women human rights more generally”.32 cultural heritage, in assigning to culturally express themselves on Therefore, all discussions about meaning to such heritage and in the equal terms are rare. cultural norms should be encouraged decisions relating to what should be since healthy discussions within transmitted to future generations”.33

44 FREEMUSE Brazil: A stand taken by an beliefs about a woman’s role and 3.2.2 Violations and all women drum group place in society, where musical performances are considered too restrictions related Success stories about efforts of time-consuming and dangerous to religious beliefs reframing patriarchal cultural for women, have historically norms are beginning to emerge. prevented women in Brazil from Violations of women’s cultural and The attempt to reframe cultural fully participating in cultural spaces artistic expression in the name of norms, which have traditionally traditionally dominated by men.36 religion continue to be prevalent. excluded women from drumming in Under international law, violation Brazil, have been pushed back and Banda Didá was founded by a male of freedom of artistic expression as challenged by women themselves. An percussionist and musician Neguinho means by which to protect certain all-female drum group, Banda Didá, do Samba, which shows that men religious feelings is illegitimate which has received international can and should be part of reframing and prohibited. The International recognition and is hugely popular in cultural norms that negatively affect Covenant on Civil and Political Brazil, was intentionally set up by women. It also illustrates that artists Rights (ICCPR) general comments women to challenge gender roles can directly challenge exclusion, 34 states: “Prohibitions of displays around drumming.35 The Banda Didá expand the boundaries of women’s of lack of respect for a religion performance requires the musician freedom of artistic expression and or other belief system, including playing the heavy bass drum (surdos) contribute to reshaping cultural blasphemy laws, are incompatible to swing the drum up into the air, norms. Among the Afro-Brazilian with the Covenant”37 except in balancing it above their head with drumming traditions which are circumstances where such displays one arm. This act is seen to embody usually performed by bands incur “advocacy of national, racial a direct challenge to social and composed almost exclusively of or religious hatred that constitutes patriarchal notions around drumming men, the existence and performance incitement to discrimination, hostility in Brazil, which has traditionally of Banda Didá is continuing to re- or violence”.38 In a 2018 report, the been associated with men and male frame discriminatory notions of what UN Special Rapporteur on freedom physique. Many believe that fixed women can and cannot do. of religion and belief reiterated that freedom of religion or belief can never be used to legitimise violations of the rights of women and girls: “It can no longer be taboo to demand that women’s rights take priority over intolerant beliefs used to justify gender discrimination”.39 It also asserts that one set of rights, i.e. women’s rights, should not be undermined on the basis of claims made in defence of the right to freedom of religion or belief.40

However, concerns have been raised that attempts to use human rights law to eliminate harmful traditions and religious practices may create and strengthen a duality

Banda Dida at Carnaval Campo Grande Bahia. Salvador, Brazil 2018 between modernity and tradition. CREDIT: @bandadida ON FACEBOOK At the same time it can support the

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 45 notion that it serves to liberate the measures on what is considered ‘victimised’ women of these cultures, appropriate varies between countries while not taking into consideration and communities. Social norms and the “economic and political ideas are often interpreted to uphold underpinnings of their subordination and enforce patriarchal notions and the construction of culture within of what is considered insulting, the dynamics of power relations at indecent and threatening to culture. local, national and global levels”.41 Fundamentalist and extremist In the same vein, the UN Special groups also seek to punish cultural Rapporteur warns us against a expressions that contradict their own tendency of cultural essentialism, interpretations of religion. Diverse which ignores the agency of women religious fundamentalists are said in the developing world and the to have sought to punish cultural trajectories of their resistance expression that contradicts their to violence and oppression. interpretations of religion, which “Essentialist portraits of culture particularly affects women. This often depict culturally dominant includes through blasphemy laws norms as central components of and gender discriminatory family ‘cultural identity’. Viewing culture laws, which themselves are often and attendant beliefs, including in violation of international human customs, traditions and religious rights standards.44 These groups interpretations, as ‘static’ obstructs have affected artistic freedom of the realisation of women’s human women substantially. The UN Special rights because it presupposes that Rapporteur in the field of cultural particular values, practices and rights highlights that: “At the heart beliefs are ‘intrinsic’ to a given of fundamentalist and extremist culture and, therefore, immutable.”42 paradigms are rejections of the Like all social constructions, concepts equality and universality of human of gender change over time, and rights, both of which are critical to according to socioeconomic and ensuring women’s cultural rights and geographical contexts. Resisting making the unwavering defence of cultural essentialism requires “the those principles the touchstone In 2018 Bolivian visual artist Rilda Paco received cultivation of a critical stance that of a gender inclusive human rape and death threats after depicting the Virgin of Socavón wearing stockings and a thong. For ‘restores history and politics’ to 45 rights response”. more see page 75. prevailing as historical pictures COURTESY OF RILDA PACO ALVARADO of ‘culture’”.43

In this context, it is essential to understand that religions are all influenced by the historic, geo- political contexts in which they operate. Because they are subject to interpretation, their normative

46 FREEMUSE India: 46 Muslim clerics and attitudes towards a performance backfired on social media where tried to stop woman can vary depending on where it is held. she was criticised for not respecting singing in public the Muslim community especially The fatwa issued against her had no because she was singing in front of men. For some, Syed’s action was In March 2017, Muslim clerics constitutional and legal basis. Yet regarded as a symbol of unity, but for attempted to prevent the 16-year-old the negative social connotations and others it was seen as a betrayal of prize-winning singer, Nahid Afrin, pressure of having a fatwa issued her own religion, including now being from performing in India by issuing against musicians is immense and responsible for her parents not going a fatwa (religious decree) against can prevent artists from performing to heaven. her.46 Afrin, one of the finalists of because of fears for their safety. The the 2015 edition of Indian Idol Junior, police reportedly investigated the was issued with the fatwa for an threats and Chief Minister of Assam, Somaliland: Performance event due to be held near an Islamic Sarbananda Sonowal, assured Afrin cancelled for allegedly not burial ground. She was told to call of security during the scheduled being in accordance with it off “because singing, like dancing performance. The Chief Minister’s and magic shows, is a un-Shariat response was in this instance law, religion or culture activity”.47 The clerics demanded unfettered in its support for artistic In August 2016, a concert including she refrain from performing at expression—on Twitter he said: a performance by female singer the event and suggested that the “Freedom of artists are essence Nasteexo Indho with performer DJ event be boycotted. They further of democracy”.49 Subeer was planned to take place wrote that anti-Sharia acts like in Hargeisa, the capital of the self- musical nights would attract “the A different case in India depicts a declared country Somaliland.51 wrath of Allah”. The controversy Muslim woman being deliberately Prior to the concert, however, around this performance clearly targeted: In 2017, 22 year-old religious leaders approached the Suhana Syed was threatened shows how music elicits different minister of religion, Sheikh Khalil understandings of what constitutes by radical Islamists for singing Abdilahi Ahmed, to show him acceptable religious practise: a Hindu devotional song during recordings of the singer’s previous Afrin believes her ability to sing her participation in a reality performances in Europe. This was 50 is solely because she has been TV show. Despite the positive done to encourage a cancellation blessed by Allah.48 Each state in response from the audience and of the show, and the religious India has its own political context, judges, her intention to improve leaders said they would have to religious composition and therefore the friendship between Hindu and take matters into their own hands understandings. As such, reactions Muslim communities in the country and preach in their mosques if the government did nothing about her scheduled performance.52 According to the Constitution of the Republic of Somaliland, the state should “promote knowledge and literature”, and “encourage creativity and research”. However, the state should also promote “modest culture of the society” and “eradicate customs which damage religion, development, culture and the health of the society”.53 Following his exchange with religious leaders, and in line with provisions contained within the constitution, the minister deemed

Nahid Afrin, one of the finalists of the 2015-version of Indian Idol Junior. the performances “objectionable”. CREDIT: NAHID AFRIN ON FACEBOOK He decided to cancel the concert, citing the way Nasteexo Indho sings

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 47 as not to be in accordance with the law, religion or culture in the country. Armed soldiers are reported to have been deployed to communicate the ban to Indho and that if she went on stage she would be arrested. The singer decided not to perform. This kind of restriction of artistic expression is not limited to any one region, but is under attack in all continents. As emphasised by the UN Special Rapporteur in the field of cultural rights: “Motivations for restrictions stem from political, religious, cultural, moral or economic interests, and disturbing cases of violations are found on all continents”.54 Pussy Riot performing at Moscow’s Red Square in 2012. CREDIT: DENIS BOCHKAREV (DENNOT) ON FACEBOOK

Blasphemy sentences to the death penalty.57 Notably, the Russian blasphemy Blasphemy is defined as the act of As an example, a 2017 study law, which came into force in expressing contempt or a lack of measuring the world’s blasphemy 2013 and allows punishments for reverence for God or sacred things.55 laws, published by the United “offending religious feelings”, was Laws that prohibit blasphemy are States Commission on International inspired by punk band Pussy Riot’s said to inappropriately position Religious Freedom, shows that Iran 2012 performance of the song Punk governments as arbiters of truth or and Pakistan include the death Prayer in Moscow’s Cathedral of religious rightness, as they empower penalty as punishment for “insulting Christ the Saviour. Three Pussy Riot officials to enforce particular the Prophet Mohamed”, constituting members—Nadezhda Tolokonnikova, religious views against individuals, the most severe punishment when Maria Alyokhina, and Yekaterina minorities and dissenters.56 it comes to blasphemy laws.58 Samutsevich—were not charged with Findings of a recent study shows These laws can place limits on free any formal blasphemy law, as no that blasphemy laws are found in speech and expression including such law existed at the time of their 71 countries from all regions in the different forms of artistic expression. trial. Instead, they were convicted world, and the majority of these When women appear in ways that of hooliganism said to be motivated laws are vaguely worded, do not fully do not align with certain religious by religious hatred, and each respect international standards of values, blasphemy has become an sentenced to two years in prison. freedom of opinion and expression, increasingly potent tool by which to The case is particularly important as and contain disproportionate criminal control women’s rights across all many people in Russia called their punishments ranging from prison parts of the world. performance blasphemous. Among

48 FREEMUSE the critics was prosecutor Alexander all subjected to social, customary, even President Hassan Rouhani has Nikiforov, who claimed that the and, in some countries, legal no authority over it despite having performance in the cathedral was a pressures.61 When women do not expressed opposition to it.65 The planned action aimed at offending comply with these norms, attempts presence of such bodies and their feelings of Christians.59 This incident are made to punitively tarnish her arbitrary powers—which may or not became one of the key reference reputation through invoking ideas be codified—has the ability to impose points and reasons for drafting the of acceptable norms of conduct, a sense of moral awareness and blasphemy law. Six years after the morality and decency. Gendered behaviour, which has the potential of trial, the European Court of Human realities mean this tarnishing bears limiting true creative freedom. Rights criticised Russia for its more significant repercussions “exceptionally severe” treatment of for women. the punk band following the group’s Saudi Arabia: Artist protest performance.60 receives death threats The Religious Police for challenging women’s In many parts of the world, subordination patriarchal notions are upheld Several countries including Iran, and religious texts and edicts are Saudi Arabia, Sudan, and Malaysia Haifaa al-Mansour, the first female construed and interpreted in such a have institutionalised bodies to film director in Saudi Arabia, has way to suggest that these roles are enforce strict state interpretations experienced considerable hurdles assigned to men and women from of Islamic morality.62 These entities because of social norms and birth. The use of religious texts in act as a religious police force and are customs about the role women this way often grants those radical sometimes perceived as oppressive should play in society. Films—and groups espousing and imposing this given that they are mandated to film productions—were previously ultra-conservatism undue immunity interfere in people’s private lives.63 considered more controversial in from informed discussion. These In some countries, Muslims who do the country until the recent lifting groups are clear in their agenda of not act in accordance with the rules of a 30-year ban on cinemas in enmeshing a problematic gendered and regulations stipulated by the 2018. Despite this progress, being a woman director in Saudi Arabia narrative deeper into society’s authorities and their interpretation is controversial. Given this reality, psyche, creating an often emotionally of moral and immoral behaviour, al-Mansour was compelled into driven debate about acts deemed are at risk of being arrested directing her film Wadjda (Who) out of to be moral, immoral, decent and and imprisoned. sight in a van, while communicating indecent. Fundamentalist groups via a walkie-talkie in order to avoid actively promote these deeply In Iran, the Gasht-e Ershad is an public outrage.66 The storyline of the conservative ideas vis-a-vis the role agency that exists to enforce the movie Wadjda—which won several women should and are expected to country’s Islamic code of conduct international awards—follows a play in society. Within this construct, in public spaces. It is mainly seen young girl’s desire to buy a bike and the idea of autonomy—whether as “a scourge for urban women the social obstacles she faces from it is exercised through her choice who try to push the boundaries of her family and wider community. of clothes, the public arenas in the dress code”.64 This agency has According to al-Mansour, the which she wishes to participate, the great power and Iran’s constitution 11-year-old girl playing the lead profession she wishes to pursue—are contributes to making sure that not role has only received permission

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 49 Italian prime minister, Matteo Renzi. When they visited the Capitoline Museums, nude statues of Venus and other female figures were covered with white panels. Many observers saw this as an attempt to avoid offending the Iranian president, especially now that Italian businesses are signing deals with Iranian companies worth multiple billions.69 The decision prompted Haifaa al-Mansour, 2011. outrage from some commentators and politicians and considered embarrassing because Italy is bowing from her family to act until she is Covering up for religious down to the Iranians by hiding art 70 16-years-old; after that she has to leaders normally visible at the museum and have a “respectable” profession.67 at the same time de-valuing the right Following the launch of the movie, to freedom of artistic expression in Some public institutions decided al-Mansour started receiving death Italy. For some, the act of covering up to cover up their art work such as the statues reflects an act of cultural threats and hate mail. The threats all statues and paintings with women subjection by using censorship to suggested that al-Mansour failed to bodies when they have religious accommodate what the president respect her own culture. Several of leaders visit them. In early 2016, the might regard as inappropriate the threats also said al-Mansour was Iranian president, Hassan Rouhani, portrayal of women according to not religious, not only because she was visiting Rome to meet the then Muslim values. was a film director but also because of the film’s topic and message.68 Al-Mansour did not break any laws in the making of this movie, yet she has faced entrenched patriarchal ideas present in many sectors of the country. Artistic expression in Saudi Arabia that confronts acceptable social norms has often been perceived as dishonouring traditional religious values. This poses a threat to human rights and the progressive realisation of women’s rights. It can also have the potential to create fear among other female artists and coerce them into not pursuing artistic Nude statues covered in Rome in 2016 so as not to offend Iranian president. aspirations. CREDIT: POSTED BY EURONEWS ON YOUTUBE.COM ON 27 JANUARY 2016

50 FREEMUSE Based on the same rationale, 1. High subjectivity and discretion: ICCPR require that limitations to the Novosibirsk State University As mentioned above, there is freedom of expression can only of Architecture, Design and Arts no agreement on a universal be subject to certain restrictions in Russia decided to cover up its definition of indecency at if provided by law and are antique nude sculptures in August international or national levels. necessary.74 Therefore, prohibiting 2018 when Orthodox Christian priests Some countries regulate art considered indecent cannot be participated in a panel discussion indecency-related matters achieved by other measures and on campus. The sculptures were through national laws, whilst complete bans of films on grounds covered with cloths to avoid upsetting others rely on unwritten rules of protecting public morals 71 the visitors and similarly, the case subject to personal interpretations fails the test of necessity under shows how protecting religious of law enforcement. These international law, because artistic feelings through censorship was differing interpretations of what expressions considered indecent done at the expense of the freedom constitutes indecency makes laws do not impair the rights of others, of artistic expression. on indecency, inappropriateness nor do they weaken the protection and public morals highly of national security or of public subjective and open to influence order—both requirements for from contemporary social norms. restrictions being considered However, codifying such laws necessary.75 Education on diversity 3.3 Violations in the requires that law makers also pay and public campaigns to increase name of Indecency attention to their obligations under tolerance in societies are one international human rights law of the useful tools that can be governing freedom of expression; leveraged to promote and protect it is generally accepted that “[a] healthy public morals. There are no international legal law must be formulated with definitions of what constitutes sufficient precision to enable an 3. Indecency laws weaken the core indecency, but ideas of what it individual to regulate his or her of freedom of expression: One involves varies considerably between conduct accordingly”.72 In addition, of the purposes of the arts is to contexts. Broadly, indecency can “a law may not confer unfettered question values that societies be understood as not conforming discretion for the restriction of hold dear, including religious to generally accepted standards of behaviour and expression. The freedom of expression on those and political values. Some artists 73 concept and its legal and policy charged with its execution”. may, in the course of their work, implications have a number of wish to deliberately challenge serious flaws, posing serious 2. The test of necessity: Laws that the mainstream interpretation questions on how it can be used and restrict freedom of expression of what constitutes indecency. is increasingly used as a rationale on the grounds of indecency and Artists should be able to examine for suppressing women’s rights protecting public morals can these values through their work to artistic freedom and cultural potentially fail the test of necessity and express views deemed expression: for restriction of freedom of contrary to popular opinion. In expression under the ICCPR. fact, this contrariness is often Provisions contained in the seen as being at the heart of

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 51 “ONE OF THE REASONS I’VE BEEN PAINTING THESE NUDE PORTRAITS ACTUALLY IS BECAUSE I THINK ITS TOTALLY CRAZY THAT WE’RE NOW LIVING IN A TIME WHEN NUDITY IS EQUALED WITH HYPER SEXUALITY.” ALEJANDRA HERNANDEZ, FREEMUSE INTERVIEW, 9 AUGUST 2018

arts and culture. Consistently imposing laws and restrictions in a severe manner on artworks challenging notions of indecency can be seen as eroding the core value of the right to freedom of artistic expression. This too could violate international human rights standards as ICCPR general comment 34 says: “States should always be guided by the principle that the restrictions must not impair the essence of the right…; the relation between right and restriction, between norm and exception, must not be reversed”.76

Despite these incompatibilities with international human rights standards, national laws on Poster from Tijama Grujic’s exhibition “Autoportretisanje – Maske su pale”. The exhibition was cancelled in 2017 in the Serbian National Theatre Club because some audience members considered a scene indecency continue to be used indecent because of nudity. against artists of all genders. Female CREDIT: KLUB NARODNOG POZORISTA ON FACEBOOK artists are particularly vulnerable to accusations of indecency and Indecency and Female frequently censored both in the global consequently their right to artistic bodies South and North. Cayman artist freedom is undermined in all sectors Ronald Gregory Kynes faced trial in 2017 after he erected four sculptures of the arts. Movies containing scenes Art portraying or depicting female consisting of nude women. The artist deemed indecent are partially or fully bodies partially or completely nude had created the work to convey a pro- censored,77 actresses are forbidden are most commonly associated with gay rights message. He was charged notions of indecency. Sixty-four per to play roles which are perceived under section 157(1)(a) of the penal 78 cent of cases in which the right to as indecent, visual art exhibitions code (2017 Revision) for “obscene artistic freedom was violated—as have been cancelled,79 and singers publication”. Although the sculptures documented by Freemuse between are banned from performing songs and artworks were in his property, the year 2013 and 2018—were containing indecent lyrics.80 Wherever the press release issued by the state motivated by perceptions surrounding asserts they could be seen “in plain there is a female artist, there is a indecency. This includes the portrayal view of the public”.81 In this case, potential threat of her work being of the female body or parts of it, directly policing what people have subjected to charges of indecency and artists or artworks that may and are doing in their own homes and her work or even her personal not necessarily appear in contexts ensures that indecent works of art safety being threatened. that are sexualised. Full nudity is are prohibited.

52 FREEMUSE “NOW I WILL ALWAYS BE MORE CAREFUL IN THAT AREA. BUT I DO WANT TO GO AHEAD AND DO MORE EXHIBITS AND SHOW MORE NAKED PEOPLE BECAUSE I DO WANT THIS TO END. I THINK IT’S PART OF THE FREEDOM IS ALSO BEING, IT’S HOW YOU CAME INTO THE WORLD, YOU KNOW, THERE’S NO PROBLEM WITH THAT.” MARIANA WACULICZ, FREEMUSE INTERVIEW, 22 AUGUST 2018

The Mangahuia exhibition photo in Levin’s library by photographer Mariana Waculicz Similarly in April 2018, US artist and cultural centre (Te Takeretanga o Kura-hau- po) from where Mariana Waculicz´s picture was was removed from an exhibition in Kristin Harsma’s art exhibition removed. Levin’s Library and Cultural Centre Beauty in Every BODY displayed nude CREDIT: TE TAKERETANGA O KURA-HAU-PŌ ON FACEBOOK, 2017 after complaints from members of paintings as well as body painting the public. Men’s nipples appearing on a live model. The model wore in the other photos on display were nipple coverings and underwear, yet Furthermore, notions of what not censored.83 a complaint filed by a resident of a constitutes indecency extends to live-work facility called Artspace visuals containing female chests— In 2015, municipal authorities in Jackson Flats in Minneapolis, in specifically nipples—which are seen Denmark denied photographer which the exhibition took place, as problematic. In February 2016, Mathilde Grafström the authorisation claimed the model was nude.85 the Indian National School of Drama for an exhibition displaying nude Harsma had organised the exhibition banned a Polish theatre group female photographs in an outdoor to encourage positive messages from performing their play Sonaka square in Copenhagen on the about the female body and contribute because a scene featured a topless grounds of indecency.84 The exhibition to positive attitude towards gender, woman.82 In New Zealand in 2017, a was intended to question issues sexuality and self-image. However, photograph of a nude woman taken relating to female self-image. due to the complaint, the manager of

“Female Beauty 2016 - nude in the public space” exhibition, Copenhagen, Denmark. CREDIT: PHOTO BY MATHILDE GRAFSTRÖM https://www.mathildegrafstrom.com

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 53 Artspace demanded the removal of any works depicting nudes. Harsma also discovered that someone had covered her other works by taping paper directly to the canvas. “I feel that by taking down the works initially, it reinforced our negative ideas about our bodies,” Harsma said.86 The National Coalition Against Censorship (NCAC) has since consistently criticised Artspace for censoring works exhibited by residents on their premises. In a letter to Artspace administrators, NCAC has called on the live-work facility for transparency in its exhibition policy.87

In May 2018, Indian actress Dhanya (Rafiya Banu) received anonymous death threats on her phone for performing in the nude for a role in a movie called 18.5.2009.88 According One of Francky Criquet’s works. to the actress, the man said her life CREDIT: FRANCKY CRIQUET @ARTSITEFRANCKYCRIQUET ON FACEBOOK would be in big danger after the release of the movie and asked how 2017, French painter Francky take it upon themselves to act as she could get herself to act nude in it. Criquet’s exhibition at Saint-Pierre- adjudicators as to what constitutes She submitted a complaint to the city en-Vaux—a church located in Saint- police, which was taken to a cyber- indecency and decency, often Georges-des-Sept-Voies—was crime unit to trace the perpetrator.89 imposing these notions on women cancelled after a group of visitors Furthermore, artists facing threats artists and severely curtailing their complained about its non-figurative to their personal safety increases the artistic freedom. For instance, paintings, which were alleged to likelihood of them invoking forms of Zambia—a deeply devout Christian represent naked bodies.92 Also in self-censorship. nation—deported South African 2017, M1 Singapore Fringe Festival dancer Zodwa Wabantu in 2018, citing cancelled Ming Poon’s Undressing In another example, Indian painter that her scheduled performance Room and Thea Fitz-James’ Naked Radha Binod Sharma’s artwork 94 Ladies performances because they would “undermine national values”. Anubhav was removed in 2016 by a allegedly featured “excessive nudity”.93 Wabantu is known for performing group of protesters who attacked without underwear, which is in the artist and vandalised a painting contrast with the conservative because it depicted a semi-naked Authorities enforcing values prevailing in the country. The woman.90 The attackers were National Arts Council of Zambia—a reportedly members of Rashtriya indecency laws and statutory body—informed Wabantu Hindu Ekta Manch (RHEM), which regulations that her application to perform in has nationalist right wing leanings, Lusaka had been rejected on grounds and women’s organisation Lal Shakti. This section focuses on how statutory that her performances were not “in Shortly after the incident the leader bodies exercise their legal authority 95 of RHEM was arrested by authorities. to reaffirm patriarchal norms which the public interest”. The promotion The leader of Lal Shakti fled after violate the right of women’s artists company that was to host her in pulling down the painting and restricting their right to freedom of Zambia said Zodwa was deported by justifying her actions expressing that movement. It also highlights how immigration officials.96 The National “vulgarity is not a form of art”.91 predominant cultural (patriarchal) Guidance and Religious Affairs Abstract nudity in religious settings narratives play out in various ways. Minister, Godfridah Sumaili, declared also puts artworks at risk: in July Various government agencies that the singer would not be allowed

54 FREEMUSE clothes in public and behaving “contrary to good manners”.101 She was released from detention after three days, when the committee requested the prosecutor withdraw the complaint. In its letter to the prosecutor, the committee argued that the arrest of Déesse Major “served as a warning to all those who tend to flout our religious and moral values” and stated that the committee has forgiven the singer and is thus willing to withdraw the complaint.102 Catherine M. Appert writes in her book In Hip Hop Time that “although several male rappers, notably older ones like Keyti of Rap´Adio, came to her defense on social media, younger male artists had publicly critiqued her behaviour for years prior”.103 Such criticism of female rappers is reinforced by traditional gender norms and an idea that female rap artists have morals that are incompatible with traditional values of motherhood and modesty. Déesse Major’s case therefore shows that the discrimination faced by women in Senegal comes not just from statutory or religious bodies, but also from within the music industry itself.

Poster for Naked Ladies performance in Toronto, 2015. CREDIT: THEA FITZ-JAMES ON FACEBOOK to “strut her stuff anywhere in the “feminist and inappropriate themes” country” and said: “It is clear we are including discussing issues pertinent a Christian nation and we uphold in the country such as the hijab the values of morality and ethics… and domestic violence99—both as a nation, we cannot allow such. I cases affecting the right to freedom mean, someone performing without of artistic expression related to underwear, there’s no morality there”.97 women’s rights issues in Iran.

In 2017, the Culture and Islamic In 2016, singer Déesse Major was Guidance Minister of Iran banned the arrested following a complaint from dance-aerobics program Zumba.98 the Senegalese Committee for the Ten movies were banned from being Defence of Moral Values, which screened at the 35th annual Tehran consists of religious and civil society Fajr International Film Festival in associations.100 The complaint was Senegalese rapper Déesse Major. 2017 by claiming they dealt with filed due to her wearing “provocative” CREDIT: @DEESSE_MAJOR ON INSTAGRAM, 20 JANUARY 2017

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 55 Courts of justice play their roles in upholding notions of indecency and decency in arts. As an example, the Tokyo High Court fined visual artist Rokudenashiko in 2017 on grounds of obscenity for distributing material related to her ‘vagina art’, namely digital data that can be used to make 3D prints of her vagina.104 Rokudenashiko was the first woman in Japanese history who was tried under Article 175 of the Criminal Code of Japan—a law that prohibits obscene objects. The court decided that her reproduction and interpretation were inconsistent with the law and “produced a strong sexual stimulus”. The artist reflected that: “I believe sexual arousal is a personal feeling, but by wresting control over the freedom to experience those personal feelings, the state takes further control over the people. The state taking Rokudenashiko control of sexual proclivities is much POSTED BY @ALLIESINARTS ON INSTAGRAM more frightening than whatever I am doing”.105 In an interview with Glamour magazine she highlighted Festival) is held each year in the which prohibits wearing obscene the role of the courts in adjudicating city of Kawasaki with a parade to outfits. Several actors and observers 107 condemned the trial, alleging that in this matter, “the judicial courts celebrate the penis and fertility. In the charges brought against her have this idiosyncratic concept of 2018, Sudanese singer Mona Magdi undermine her human rights and the vagina as something that will Salim was detained by police after personal freedoms.108 It is clear arouse men when they see it no an old photo of her wearing trousers that, since men are not detained matter what”.106 On the contrary, the while singing at an event resurfaced regularly for wearing trousers, the male organ is actively celebrated on social media. Her clothing was detention of Salim reflects a highly in the country and not subject considered indecent. Her trial was gendered form of discrimination, and to allegations of having violated indefinitely postponed in October, with the law being more oriented domestic laws on obscenity: The but is due to be judged under Article towards public feelings, women Kanamara Matsuri (Steel Phallus 152 of the Sudanese Penal Code, are disproportionally limited by it.

“A PERSON WHO DISTRIBUTES, SELLS OR DISPLAYS IN PUBLIC AN OBSCENE DOCUMENT, DRAWING OR OTHER OBJECTS SHALL BE PUNISHED BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS, A FINE OF NOT MORE THAN 2,500,000 YEN OR A PETTY FINE. THE SAME SHALL APPLY TO A PERSON WHO POSSESSES THE SAME FOR THE PURPOSE OF SALE.” ARTICLE 175 OF THE CRIMINAL CODE OF JAPAN (TENTATIVE TRANSLATION) - ACT NO. 45 OF APRIL 24, 1907

56 FREEMUSE “152 OBSCENE AND INDECENT ACTS: (1) WHOEVER DOES IN A PUBLIC PLACE AN INDECENT ACT OR AN ACT CONTRARY TO PUBLIC MORALS OR WEARS AN OBSCENE OUTFIT OR CONTRARY TO PUBLIC MORALS OR CAUSING AN ANNOYANCE TO PUBLIC FEELINGS SHALL BE PUNISHED WITH FLOGGING WHICH MAY NOT EXCEED FORTY LASHES OR WITH FINE OR WITH BOTH. (2) THE ACT SHALL BE CONTRARY TO PUBLIC MORALS IF IT IS REGARDED AS SUCH ACCORDING TO THE STANDARD OF THE PERSON’S RELIGION OR THE CUSTOM OF THE COUNTRY WHERE THE ACT TAKES PLACE.” ARTICLE 152 OF THE SUDANESE PENAL CODE, 1991

According to CEDAW it is important considerable pressure to intervene in However, in most cases, portraying that state parties take appropriate films thought to overstep boundaries. nudity will not be approved by a measures to “modify the social and Censorship, however, is not censorship board. For example, cultural patterns of conduct of men necessarily regulated or subjected in 2015, the Central Board of Film and women, with a view to achieving to standardised—nor transparent— Certification (CBFC) of India asked the elimination of prejudices and systems or guidelines about what the director of The Painted House customary and all other practices constitutes indecency. This makes to cut three scenes from the film which are based on the idea of the the application of existing regulations that contain nudity.113 In Pakistan, inferiority or the superiority of either very arbitrary and inconsistent. the Film and Censor Board refused of the sexes or on stereotyped roles for men and women”.109

Women tend to often be told what to wear or what not to wear. As an example, singer Jennifer Lopez “THIS FILM (VEERE DI WEDDING) IS NOT ACCEPTABLE was criticized by a Member of IN OUR SOCIETY DUE TO ITS VULGARITY AND SEXUAL the Parliament of Morocco for DIALOGUES SPOKEN BY THE FOUR GIRLS AND SO, “suggestive poses” and “scanty” WE DECIDED TO BAN IT.” clothes during the first broadcast SENIOR OFFICIAL FROM THE PAKISTANI CENTRAL BOARD OF FILM CENSORS, 30 MAY 2018 of her show on public television in 2015.110 The minister also requested the television channel, 2M, to sanction her with a lawsuit, but his request was rejected by the Moroccan High Audiovisual Communication Authority.111 In 2017 the state-run press agency Iranian Labour News Agency covered and later blurred actress Charlize Theron’s shoulders and chest when it broadcast the 2017 Oscars ceremony.112

Censorship boards also exercise their mandates to intervene on matters they view as relating to indecency. A scene from the Malayalam film “Chayam Poosiya Veedu“ (The Painted House) directed by Satish Censorship boards are often under Babusenan and Santhosh Babusenan was censored in 2016 in India for depicting nudity. CREDIT: TAMIL NEW MOVIES 2016 FULL MOVIE | VAANAM POOSIYA VEEDU | ROMANTIC MOVIE 2016, POSTED BY VISAGAAR TALKIES

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 57 “I THINK PATRIARCHY HAS ALWAYS BEEN USING WOMEN TO FURTHER ITS OWN CAUSE. SO IT’S JUST LIKE THESE WOMEN (ON THE CENTRAL BOARD OF FILM CERTIFICATION) ARE NOT THINKING ABOUT THINGS FROM THE FEMALE POINT OF VIEW. I THINK THE KIND OF POPULAR CULTURE THAT EXISTS IN INDIA IS COMPLETELY CREATED FROM THE MALE POINT OF VIEW. AND EVEN HOW WOMEN CONSUME THAT CULTURE, certification for Verna as it depicts WATCH THESE FILMS, IS FROM A MALE POINT OF VIEW.” “a governor’s son involved in a ALANKRITA SHRIVASTAVA, FREEMUSE INTERVIEW, 6 SEPTEMBER 2018 rape case—which was the biggest objection. Secondly, it includes many bold dialogues and scenes. The Violations imposed by censorship general plot of the movie revolves boards in relation to women’s around rape, which we consider to freedom of artistic expression are be unacceptable”.114 In 2016, the often based on the construction censor board in Pakistan banned of rigid gender roles. Cultural the comedy series Kyaa Kool Hain rights involve the right of women to Hum 3 as it was found unsuitable have access to, participate in and for public viewing due to its vulgar contribute to all aspects of cultural dialogues and nudity.115 In 2018, the life,119 which sometimes means board banned Bollywood film Veere Di freedom from ideologies marked Wedding due to vulgar language and by strongly enforced patriarchal “objectionable sexual dialogues”.116 systems that limit these rights. Portraying women as independent In January 2017, CBFC refused autonomous beings exercising their to grant certification to director sexual agency can in some cases be Alankrita Shrivastava for her film Alankrita Shrivastava CREDIT: FILMS DE FEMMES INTERNATIONAL FESTIVAL, FRANCE seen as undermining existing social Lipstick Under My Burkha despite it (patriarchal) norms. It challenges the gaining international recognition, mainstream belief in India that one of winning prizes and the Oxfam Award where women are objectified, side- the most important missions of any for the Best Film on Gender Equality. lined or demeaned”. She questions girl is to get a good husband and then The film deals directly with topics why women should not be portrayed take care of family, as opposed to such as gender equality, sexual as autonomous beings with agency autonomy and personal fulfilment. over their bodies.117 The following living the lives of their own choices, The film was censored because the April, the Film Certification Appellate Alankrita told Freemuse during an 120 CBFC saw the story as being “lady- Tribunal overturned the decision interview. oriented” and involving “contagious to censor the film with the reason sexual scenes”. Shrivastava defended that it was misdirected: “There Syndicates also wield significant her movie, pointing to the honesty cannot be any embargo on a film power in relation to women’s rights in the plot revolving around ordinary being women oriented or containing and the ability of women to truly and women. In an interview with Quint, sexual fantasies and expression freely artistically express themselves. she relays how she believes that of the inner desires of women”.118 This power plays out at times by the resistance to release the film is The film was edited and cuts were denying women artists of their right due to it presenting an alternative made to eliminate sex scenes and a to earn a livelihood as professional point of view rarely seen in Indian scene that referred to prostitutes. It artists. In a number of countries, culture where men, according to her, was then given an adult certificate governments have issued regulations systematically control “the popular meaning it was regarded as suitable that require artists to be members narrative to perpetuate a culture for viewers aged 18 and over. of syndicates in order to perform

58 FREEMUSE their arts. These syndicates have the mandate to exert considerable power in the lives of artists. In some cases, their mandates mean that artists have to seek authorisation from these bodies before being allowed to perform. While syndicates’ authority applies to both men and women artists, women artists are subjected to sanctions on grounds of indecency. In particular, women artists are subjected to increased scrutiny about how they are dressed and move their bodies. The criteria for offences committed by members and punitive measures that can be invoked against them are vague and often dependent on and subjective to individual interpretation by those heading these syndicates. These regulations put female artists’ careers at the mercy of syndicates. Without accepting a human rights based approach to their internal policy and decision making—which ensures transparency—or appropriate checks and balances, and ensuring the right In 2016, Nigerian actress Rahama Sadau was banned for life from acting for her “immoral appearance” to appeal and grievance processes, in a music video with a male singer. CREDIT: RAHAMA SADAU @OFFICIALRAHAMA ON FACEBOOK these institutions risk serving as governmental agencies imposing restrictions to artistic freedom at will. media works combine painting and “The Musicians Syndicate has been media clippings. In an interview flexing its muscles: Censorship of These syndicates again uphold with Freemuse she pointed out that music is at its worst in Egypt right patriarchal notions of morality. the ongoing crackdown on artistic now. Musicians are asked to hand In 2016, the Motion Picture freedom in Egypt is being carried over their lyrics for review prior to a Practitioners Association of Nigeria out by the regime rather than the performance and very often, parts of imposed a lifetime acting ban on syndicate itself, which has prompted a song are removed or entire songs actress Rahama Sadau. She was many artists to resort to self- are banned,” she said. While this accused of making an “immoral censorship. “Any artistic works with has not touched her directly—El appearance” in a music video with a political connotations are considered Baramawy is an oud player—she said male singer.121 The ban was lifted in taboo and put artists at risk of that this has repeatedly happened in 2018,122 after her career was put on prosecution and imprisonment,” she the last two or three years to some of hold for two years. In 2016, Tunisian said. As a result, gallery owners have her friends. Some have been barred singer Hana al Zughlami, aka also become increasingly reluctant from singing altogether while others Tunisian Naglaa, was banned from to display art works depicting nude have been imprisoned for their working in Tunisia by the Musicians figures for fear of state reprisals.124 art, she told Freemuse during her Syndicate for promoting “vice and interview.125 immorality” in the music video of her Similarly, Yasmine El Baramawy, a single La Ykhebbesh Wala Ydebbish.123 musician and composer also based in Cairo, told Freemuse in November Dina El-Gharib is a Cairo-based 2018 that the Musicians Syndicate Egyptian collage artist whose mixed has become increasingly strict.

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 59 CHAPTER 4 WOMEN ARTISTS AS HUMAN RIGHTS DEFENDERS CHAPTER 4 “STATES MUST STOP CRIMINALISING WOMEN FOR THEIR WORK AS HUMAN RIGHTS DEFENDERS AND DEVELOP MEASURES TO ATTACK THE ROOT CAUSES OF DISCRIMINATION AGAINST WOMEN AND ENSURE THE PROTECTION OF HUMAN RIGHTS DEFENDERS IN A MANNER THAT SYSTEMATICALLY INTEGRATES A GENDER PERSPECTIVE.” ALDA FACIO, CHAIR OF THE UN WORKING GROUP ON DISCRIMINATION AGAINST WOMEN IN EVERY REGION, “PROTECTING HUMAN RIGHTS DEFENDERS IS NOT A women artists stand up and fight MATTER OF CREATING NEW RIGHTS. IT IS ABOUT STATES’ for the human rights of others. COMMITMENTS TO ENABLE DEFENDERS TO DO THEIR They campaign for women rights, LEGITIMATE AND VITAL WORK IN OUR COMMUNITIES migrants and other disadvantaged WITHOUT FEAR OF REPRISALS OR ATTACK.” and vulnerable groups in society. They take actions for social justice MARISA VIANA, ASSOCIATION FOR WOMEN’S RIGHTS IN DEVELOPMENT and use artistic expression to engage with people and deliver their messages. As a result, many are arrested, detained, tortured and sometimes imprisoned.

According to the 1998 UN Declaration on Human Rights Defenders, human rights defenders are any “individuals, groups and associations (…) contributing to, the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals (…)”.1 As such, a woman artist who contributes to human rights should be included and be protected as a human rights defender.

Feminist Five were arrested in Beijing on the eve of their planned peaceful performance to protest Yet women artists and their human against sexual harassment on public transportation. rights work are often invisible. PHOTO COURTESY OF LI MAIZI Some artists prefer not to be seen or labelled as human rights are hardly mentioned in civil society This chapter is aimed at taking a organisations’ reports on human defenders for safety reasons. Civil step towards breaking this cycle and rights defenders and largely omitted society organisations often see them highlighting the failure by states to in submissions to the UN Special as artists with goodwill who may protect women artists. It identifies Rapporteur on the situation of human contribute to the betterment of society, and analyses patterns of violations rights defenders. As a result, the against women artists from but not human rights defenders in Special Rapporteur hardly mentions various parts of world. It highlights a classical sense. Given this reality, artists for human rights in his or her they are often excluded from calls annual reports to the UN General governments’ shortcomings in for protection at the international Assembly. A failure to recognise respecting and protecting the human and regional levels. Except for high- artists as human rights defenders rights of women artists, and calls for profile artists whose names are results in a failure to protect them, their better protection. recognised internationally, artists their art and their activism.

62 FREEMUSE Iran: A female cartoonist members of the Iranian Parliament Repercussions 2 imprisoned for artistic as animals. The discussions on the on women expression on women’s possible introduction of voluntary artists’ calls for reproductive rights sterilisation, whilst restricting access to contraceptives and tightening women rights The case of Atena Farghadani—an divorce laws, prompted outrage Iranian artist—provides one of among many women rights activists In many countries women artists the most striking examples of the and organisations. actively engage in social and political extent to which the state attempts to activism raising awareness about penalise women artists for their art In September 2014, Iran’s Islamic gender inequality. They use their and their activism. Revolutionary Guard Corps (IRGC)—a artistic expression to reach out and branch of its armed forces—arrested engage with their audience. Yet Farghadani at her family house their artistic expression is stifled Incensed by the possible as they face censorship, physical introduction of new regulations that after she posted her cartoon on violence and legal prosecution in would severely curtail women’s Facebook. She spent several retaliation for their activism. In some reproductive rights and reverse weeks in detention, including time cases, they face systematic state family planning laws in Iran, in solitary confinement, and was persecution. Farghadani drew a cartoon depicting subjected to brutal interrogation. A few weeks after her release in December 2014, Farghadani posted a video on YouTube where she spoke of the ill treatment she was subjected to while in detention, as well as the inhumane conditions in which prisoners are held. She was then rearrested and shortly afterwards went on hunger strike to protest the poor prison conditions. At the end of February 2015, Farghadani suffered a heart attack in prison as a result of the hunger strike. In June 2015, the Revolutionary Court sentenced her to 12 years and nine months in prison for “gathering and colluding against national security”, “spreading propaganda against the system”, “insulting members of parliament Kubra Khademi’s performance piece in Kabul highlighted problems of sexual harassment faced by through paintings” and “insulting women in Afghanistan. Read more on page 72. PHOTO BY NAIM KARIMI her interrogators”.

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 63 Farghadani and her male attorney were bringing her milk. When those political issues in Iran. In an interview Mohammad Moghimi were also paintings were spotted, she was once given to British newspaper The detained and prosecuted for their again interrogated and allegedly Independent she stated: “I believe handshake while he visited beaten when she refused to consent that ‘criticism’ serves art. So, I have her in prison. The charges were to naked body searches in order decided to use my art to challenge later dropped. to determine if she was hiding social issues as I have done before, 4 any materials. like the cartoon I drew after I was In 2016, under strong international released as an objection to the dean pressure, an appeals court in Tehran Despite systematic persecution, of Al-Zahra University, who expelled reduced her sentence to 18 months Farghadani continued to raise me and many other students”.5 for “spreading propaganda against awareness about the social and the system”. Her nine-month prison sentence for “insulting members of parliament through paintings”, “insulting the president” and “insulting “DESPITE SUFFERING THREATS AND INTIMIDATION FOR prison officials” was commuted to a fine. She was subsequently released THEIR WORK, THESE WOMEN ACTIVISTS, CONTINUE from prison on 3 May 2016, since TO FIGHT ON THE FRONTLINES OF SOCIAL JUSTICE, she had already served most of her DEMOCRACY AND RIGHTS BATTLES... THEY ARE USING 18-month sentence. But due to a SOCIAL MEDIA AND CREATIVE ARTS AS STRATEGIES TO four-year suspension of the sentence ACCESS INFORMATION, DEBATE FEMINIST IDEAS AND for “insulting Iran’s leader” she could be imprisoned again at any point until MOBILISE ACTION FOR CHANGE.” May 2020.3 WINNET SHAMUYARIRA, JUST ASSOCIATES SOUTHERN AFRICA

Farghadani told Amnesty International in an interview that she was subjected to a “pregnancy test” and a “virginity test” after the incident with her attorney. “It was invasive and degrading. It was a way of putting pressure on me. It’s a tactic they use sometimes against political prisoners—particularly young, unmarried women.” In the same interview she testified about how she was forcibly stopped in prison from exercising her right to freedom of artistic expression. Farghadani used alternative materials, such as flower petals and twigs found in the prison yard, to The cartoon that led to Atena Farghadani’s arrest. paint on paper cups in which guards IMAGE COURTESY OF ATENA FARGHADANI

64 FREEMUSE China: Women artists face prosecution for feminist activism

In recent years, Freemuse has documented several cases of legal prosecution of women artists in China. Most of them have been prosecuted because of their feminism-related activism, following a wider pattern of arbitrary detentions and prosecutions of human rights defenders across the country, including women rights activists exercising their rights to Free the Five by Badiucao. The Feminist Five were detained for over a month and were only released following calls from the international community. freedom of speech and expression. IMAGE COURTESY OF THE ARTIST

Since 2015 Chinese authorities have substantially controlled feminist International Women’s Day, before In November 2015 an art exhibition 8 campaigns, ironically warning they were able to take action. The due to be hosted at Beijing’s Jinge activist groups to refrain from artists remained in detention for Art Gallery on the UN’s International organising any actions in the wake over a month and were only released Day for the Elimination of Violence of the 20th anniversary of the UN’s on 13 April following calls for their against Women was closed down 10 Fourth Conference on Women. The release from the international by Chinese authorities. The clampdown on women rights activists community. The shadow of state reasons for the ban have not been parallels measures by the Chinese surveillance, however, loomed made known publicly, but artists authorities encouraging women to over them for much longer. For involved in the exhibition, which was “go home and live well” and take care instance, one of the group members, highlighting violence against women of their families;6 all of this taking Wu Rongrong, was denied the and gender discrimination, claimed place in a context where women opportunity to study for her law that it happened due to its ‘sensitive’ remain vulnerable to harassment.7 degree at Hong Kong University— content. One piece depicted a where she was already enrolled— bra sewn over crumpled Chinese In early March 2015, a group of because of a ten-year travel ban that currency featuring the face of Mao performance artists known as the was imposed on her. Travel bans Zedong, while the other portrayed a Feminist Five planned a peaceful in China usually do not last more woman protesting against the sexual 11 performance to protest against than six months, but Rongrong was abuse of children. sexual harassment on public informed that she could not leave transportation. However, they were the country because of ‘unresolved 9 arrested in Beijing on the eve of legal cases’.

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 65 Sri Reddy protesting in April 2018. CREDIT: RANI CHANNEL YOUTUBE

“IF PEOPLE IN THE INDUSTRY CAN DEMAND THAT I SEND THEM MY NUDE PICTURES, WHY CAN’T I STRIP IN PUBLIC?” SRI REDDY

India: Losing artist Bollywood industry’s reluctance to Commission.15 Although Reddy membership for raising deal with this widespread problem.12 regained the right to exercise awareness on sexual freedom of artistic expression, the harassment The case of actress Sri Reddy, who MAA hesitated to address her claims took action to raise awareness about on sexual harassment. “If she has In the context of what is starting to the degrading treatment of women in any complaints, she can go to the be referred to as “the #MeToo era”, local film industry, exemplifies what police and they can deal with the which was initiated by women in the can happen to those who speak up. situation separately. The association US film industry, women artists in Opposed to the degrading treatment has nothing to do in this matter. India have begun finding the space to of women, Reddy protested in And while we welcome Sri Reddy, speak out. The Indian film industry the nude outside the Telugu Film we can’t guarantee that she will has been burdened with allegations Chamber of Commerce in early April be flooded with roles. Ultimately, of sexual harassment for years, 2018. As a result, she was denied it is the producer or director who but many of these allegations went membership to the Movie Artists decides whom to cast in their film,” unpunished due to the power that Association (MAA).13 In addition, the MAA President Sivaji Raja said.16 violators often yield. Despite some MAA issued a statement threatening Nevertheless, it was announced that sporadic attempts for initiating legal action against anyone working the MAA Committee against Sexual public debate on this issue, silence with her. Reddy found this reaction Harassment would be established in still prevails and the casting couch inconsistent with her experiences the following months—a pledge that remains an open secret. working in the film industry; in an was initially received as a promising Radhika Apte and Usha Jadhav, interview to the BBC she commented, advance in the local film industry, but among other actresses, spoke “If people in the industry can demand does not seem to have materialised about their experiences with sexual that I send them my nude pictures, in any substantial way. harassment in the BBC documentary why can’t I strip in public?”14 Bollywood’s Dark Secret. The The ban on her membership was documentary, which was broadcast later lifted after an intervention on 28 April 2018, zoomed in on the by the National Human Rights

66 FREEMUSE Poland: Women artists The trouble at the Opole festival On 7 June 2018, in response to censored for opposing a law continued in 2018, when it was pressure from PiS, the TVP’s banning abortion once again a target of attempted legal office issued a statement censorship. The band Girls on Fire confirming their opinion that the and their song Siła kobiet (Strength Artistic expression of women artists song selection for the Opole festival of Women) were at the center of has been challenged in Poland in did not contradict the provisions of the controversy. Those opposing recent years in the wake of moves by the Act on Radio and Television, nor their participation in the festival the government to introduce tougher violated other rights or offended claimed that the lyrics, music and 00 restrictions on abortion laws. The anyone’s feelings. Despite this, TVP video for this song were “politically protests, first sparked in 2016, fired Piotr Pałka, member of the involved and promoted homosexual have continued with thousands of Artistic Council of the Festival, the relationships, communism, women taking action in cities across body in charge of choosing songs hatred of Christianity and abortion the country. Many women artists to perform at the festival. He was on request”.20 The band denied who have participated in marches allegedly sacked for his negligence connections with any political defending women’s reproductive in predicting the song would cause movement. Anna Sobiecka, a rights have been subjected to public controversy. Ultimately, the representative of PiS, in an open censorship. band participated in the festival letter addressed to the TVP president and won an award for best debut claimed that the Girls on Fire song In 2017, the National Festival of act, but Marta Dzwonkowska from was used as “an unofficial hymn Polish Song traditionally held of black protests which focused Girls on Fire claimed that national 23 in Opole was cancelled after a on supporters of killing unborn broadcaster TVP did not report on it. controversy over an alleged artist children”.21 blacklist created by broadcaster Polish Television (Telewizja Polska, 17 TVP). TVP, which had organised Girls on Fire’s music video for Siła kobiet (Strength of Women) and sponsored the festival, is known CREDIT: SZYSZKA STUDIO YOUTUBE to be under strong influence of the ruling right-wing party, Law and Justice (PiS, in its Polish acronym). The controversy began when popular pop singer Kayah was reportedly banned from the festival due to her political activism in anti-government demonstrations and opposition to the proposed law banning abortion. Although TVP president Jacek Kurski denied the existence of a blacklist and allegations from Polish media that he said Kayah would perform “over his dead body”, the singer decided against performing.18 She wanted to act in solidarity with other musicians who were also barred. This had a domino effect, with 20 artists, a festival director and a host boycotting the event.19

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 67 Malaysia, Kenya, UK: Lesbian artists and artworks under attack

Women artists are often targeted when addressing gender-related topics, either in general or through their art. The hostility demonstrated towards LGBT individuals and those defending their rights is often particularly vitriolic. For example, Hong Kong pop star Denise Ho, who is openly gay and also outspoken on LGBTI issues, was informed by the Malaysian authorities in March 2018 that she had been denied entry into the country. Ho was due to perform at a concert in Kuala Lumpur the following month.24 The official letter from the authorities did not specify The portrait of transgender activist Nisha Ayub that was removed from Mooreyameen Mohamad’s the reasons for the rejection but it Stripes and Strokes photography exhibition at the George Town Festival in Malaysia. was noted that all shows in Malaysia PHOTO COURTESY OF MOOREYAMEEN MOHAMAD needed to be in accordance with “local law and values”.25 Soon after, 27 Ho posted an apology to her fans on with the country’s flag. But the contrary to the law”. The film did Facebook for cancelling the show. In minister opposed two portraits, not align with Kenya’s legislation, her post she also referred to a phone including that of transgender activist which punishes homosexuality with call she had received from officials Nisha Ayub.26 sanctions of up to 14 years in prison. informing her that the cancellation “It was made by Kenyans, it was was “because she is an active Rafiki (Friend), the first Kenyan film made for Kenyans, and now Kenyans supporter of the LGBTI community”. to premiere at the Cannes Film can’t watch it,” director Wanuri Kahiu In August 2018, the Malaysian Festival, was banned in its own told the BBC. On 21 September 2018 Minister of Islamic Affairs ordered country. In April 2018, the Kenya the ban was temporarily lifted by the that portraits of LGBTI activists be Film Classification Board refused High Court of Kenya. Judge Wilfrida taken down from a photo exhibition to approve the release of the film Okwany delivered the ruling in which at the George Town Festival. The that features a love story between she argued: “I am not convinced that exhibition—held to commemorate 60 two young women, “due to its Kenya is such a weak society that its years of Malaysian independence— homosexual theme and clear intent moral foundation will be shaken by featured Malaysian people posing to promote lesbianism in Kenya seeing such a film”.28

68 FREEMUSE to the forefront is necessary so that women have the same possibilities to ”I AM NOT CONVINCED THAT KENYA IS SUCH A WEAK express themselves and make their SOCIETY THAT ITS MORAL FOUNDATION WILL BE political, social and religious views SHAKEN BY SEEING SUCH A FILM.” heard without fear of repression. JUDGE WILFRIDA OKWANY, ON RAFIKI In too many places, women who express themselves through art see that this fundamental right is turned In the United Kingdom, the Laurence The cases presented above show the into a liability against them—either Jackson School in Guisborough—a tendencies of political regimes and because they speak publicly about public educational institution—placed certain sectors of civil society and the issues they find significant in local seven censor stickers on a student’s lengths they are willing to go in order communities, or when they use artwork depicting same-sex love, in to criticise and punish women artists art as a tool to initiate discussion order to avoid “upsetting” younger who address issues concerning and trigger social change. Such students.29 The student artist, Megan women’s position in society. These repercussions on women artists Angus, explained that stickers were cases are just the tip of the iceberg, when they express their views or used to cover images of women holding as there are many more which never create platforms for debates on hands, kissing and some partial nudity. make it to the public sphere. This these pressing issues show that The school later apologised for what is why it is important to ensure that many governments are yet to live Angus described as a “homophobic” women artists have a voice and up to their responsibility to respect act, but insisted that “sexually explicit” a space where they can express and protect these women rights images are usually censored. themselves. Bringing gender issues defenders.

Megan Angus’s artwork depicting same-sex love was censored by her school. IMAGE OF THE ARTWORK COURTESY OF MEGAN ANGUS

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 69 CHAPTER 5 COUNTRIES OF CONCERN

70 FREEMUSE CHAPTER 5 “DESPITE THE FACT THAT WE HAVE SO MANY WOMEN GALLERISTS AND ARTISTS, THE ONES WHO ARE TAKEN MORE SERIOUSLY ARE THE MEN. AS A SOCIETY, WE TAKE WOMEN LESS SERIOUSLY.” ART CRITIC DEEPANJANA PAL, SHE THE PEOPLE, 9 AUGUST 2014 “WHEN I WAS ANNOUNCING ON THE STAGE AT THE MUSIC FESTIVAL… PEOPLE THREW STONES AT ME.” FESTIVAL ORGANISER ZAHRA HOSSAINI, FREEMUSE INTERVIEW, 1 AUGUST 2018 AFGHANISTAN THREATS AS THE MAIN TOOL TO SILENCE WOMEN ARTISTS

to the Taliban’s ideology. Today, it is in post-Taliban Afghanistan—has still regarded as inappropriate by been on the receiving end of a series * WOMEN ARTISTS ARE BEING most sections of Afghan society for of threats of rape and death. In 2009, SILENCED WITH THREATS women to perform in public. Women Paradise was ambushed by a group AND HARASSMENTS artists who challenge the status quo of men on motorcycles who beat FOR ‘INDECENT’ are often targeted and threatened her with wooden rods. “They were PERFORMANCES by non-state actors. Some women shouting at me and saying I was a artists are physically attacked during bad influence on other women by * MUSIC IS THE MOST performances while others are trying to make music,” Paradise SILENCED ART FORM (75% entirely prevented from enjoying their said.2 In 2014, the year after she was OF ALL WOMEN-RELATED artistic freedom. Conservative groups recognised by the United Nations for CASES DOCUMENTED and the Ulema Council (a body of promoting human rights,3 Paradise IN AFGHANISTAN BY Islamic scholars who influence said: “Some religious sources started FREEMUSE DURING government decisions) continue to calling us prostitution promoters, 2013-2018) prevent women from participating in Satanists and that we were running 4 * ISLAMIC SCHOLARS USE cultural activities. These contributing from the purpose of Islam”. After ‘SECURITY ISSUES’ AS factors inevitably lead to women receiving daily death threats and GROUNDS FOR PROMOTING artists having to flee the country realising their lives were in danger, CENSORSHIP ON WOMEN and those who remain are unable to Paradise and her partner and fellow freely express themselves through musician Diverse left Afghanistan ARTISTS their art. After the Taliban was in 2015. removed from power, Hamid Karzai became the first democratically Kubra Khademi, an Afghan elected president of Afghanistan performance artist whose work Music was banned for being sinful in 2004. Although the country’s focuses on exploring her life as a under the hardline Islamic Taliban constitution guarantees its citizens refugee and a woman, performed regime in Afghanistan, decimating fundamental rights, the impact of the a piece on the streets of Kabul in the country’s music scene. Although insurgency continues to undermine February 2015, where she wore a cultural life has been slowly the government’s full control over metal suit that accentuated her recovering following the ousting of the country.1 breasts and buttocks. The piece the Taliban in 2001, women artists was intended to highlight problems are suppressed by conservative Paradise Sorouri, the first Afghan of sexual harassment faced by family attitudes and silenced by woman rapper—well known for lyrics women in Afghanistan. Her planned religious actors who remain loyal that protest violence against women 10-minute walk was cut short by a

72 FREEMUSE mob of men, some of whom threw new generation will also stay in the because of pressure from religious stones at her and surrounded her car home. If we open the door for other clerics. The Ulema Council reportedly when she tried to leave. Afterwards, generations, it will be good.”6 opposed the concert, leading to the artist received death threats its cancellation. The authorities by phone and email from Islamic Aryana Sayeed is an award-winning claimed it had to be cancelled due to fundamentalists.5 Afghan singer, songwriter and TV security issues.8 personality who is renowned for her In 2017, members of the Zohra music that highlights the rights of Violence against women artists orchestra, the first all-women Afghan women and their plight. Her in Afghanistan and denial of their Afghan orchestra, defied death courage and outspokenness has right to exercise artistic freedom threats to perform at the World been met with ire from religious constitute violations of international Economic Forum. The death threats extremists who have targeted her human rights laws. Afghanistan came from family members and several times and issued fatwas ratified the International Covenant on their communities who accused (religious decrees) calling for her Civil and Political Rights in January 1983; it ratified the International the musicians of ‘dishonouring’ death. Although the artist is loved by many liberal Afghans who admire Covenant on Economic, Social and them. One of the group’s founders, her for her dedication and love for Cultural Rights in January 1983; and Nazira, had to disguise herself when her home country, the predominantly signed the Convention on Elimination visiting her family in Afghanistan conservative section of the Afghan of all forms of Discrimination against to avoid being recognized by other society labels her as a disgrace for Women in August 1980, which was villagers who had threatened to dancing on stage, refusing to cover ratified in March 2003.9 Under the kill her. Another founding group her hair and wearing “indecent’’ provisions of these international member, Negin, was forced to leave Western clothes, which are deemed human rights instruments, Afghan her village in her eagerness to gain un-Islamic. In May 2017, the singer authorities are obligated to protect an education. She wants to be a performed to a sold-out concert in women artists against gender-based professional conductor and enrolled Paris where she wore a nude-colored violence and ensure their freedom to in music school, however she has dress. As a result, she was accused express themselves through different faced great obstacles in fulfilling of being naked on stage and bringing forms of art. To reduce the number of her dream. Access to mainstream shame to the people of Afghanistan violations, authorities in Afghanistan education for girls in Afghanistan whilst abroad. In reaction to the need to engage religious leaders is limited and still frowned upon widespread condemnations, the and Islamic scholars to educate in some parts of the country. In an artist burned the dress in a video their followers and Afghan citizens interview, Negin reported on how uploaded to her Facebook page.7 for reorientation and new attitudes “the people in our province, they’re One of her concerts, scheduled towards women’s opportunities in always saying that whenever we see to take place on 19 August 2017 the country. you, we will kill you”. “But I’m not to commemorate Afghanistan’s scared. I will continue my studies, Independence Day in the biggest because if we stay in the home, the stadium in Kabul, had to be cancelled

“PEOPLE THINK THAT WOMEN ARTISTS ARE USING THEIR BODIES FOR SOME SEXUAL ISSUE… THAT THEY ARE PROSTITUTES OR SELLING THEIR BODIES.” FESTIVAL ORGANISER ZAHRA HOSSAINI, FREEMUSE INTERVIEW, 1 AUGUST 2018

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 73 BOLIVIA FEMINIST ARTS AT THE CROSSROADS OF RELIGIOUS VALUES AND STATE INTOLERANCE

the intention to protect women from Bolivian street artist Knorke Leaf harassment and political violence said a lot of male artists are always * GENDER INEQUALITY because of a clear lack of active “testing” women artists’ limits, skills PERVADES IN BOLIVIA enforcement and allocation of and personalities. “For example, they AND WOMEN ARTISTS resources.13 Furthermore, more than were always not inviting me to events ARE LIMITED BY SOCIO- half of Bolivian women are believed or maybe giving me the smallest CULTURAL NORMS AND to suffer from domestic violence at spot (to paint),” she said. “Things TRADITIONS some point during their lives.14 Such like that are subtle but make a lot of cases of violence and harassment limitations on your work.” * ARTS DEEMED CRITICAL towards women as well as lack OF THE STATE AND THE of freedom of expression, basic This attitude largely reflects the CHURCH ARE VANDALISED rights of Indigenous peoples and reality of the wider misogynistic WITH IMPUNITY institutionalised corruption remain culture that subjects women to be dependent on others and * WOMEN ARTISTS deeply contentious issues in subordinate in society. Women are WITH FEMINIST VIEWS the country. often confronted with machismo, ARE PERSECUTED BY a concept associated with an Gender inequality is pervasive in AUTHORITIES AND exaggerated masculinity where Bolivia; cultural traditions and CRITICISED BY THE PUBLIC it is believed that only the man is norms shape how men and women charged with the responsibility should think and behave, and often of providing for, protecting and perpetuate the inequalities existing defending his family. In response to Bolivia is a deeply devout country between the genders. Americas this prevailing misogyny, women’s where 77 per cent of its citizens Researcher at Amnesty International artistic expression in Bolivia has 10 Fernanda Doz Costa said in 2015: identify as Roman Catholics, focused largely on creating feminist “Bolivia has made great progress while as much as half of the works of arts that address gender on protecting women’s rights in the country’s 10 million citizens are inequalities and the suppression of 11 Indigenous. The great variety past 10 years, including passing new women. However, these artists often of cultures and ethnicities leads laws to guarantee gender equality face repression and are threatened to different sociopolitical points and to protect women from violence. with violence by those influenced and 12 of view and traditions, which But there’s still a very long way to motivated by the desire to make sure generates disagreements about go to live up to these commitments, religious values are not offended. political priorities. Improving the and the lack of effective action Although the influence of Catholicism situation for under-represented and financial investment means has declined in recent years in groups has long been a prominent that women and girls, particularly Bolivia, new generation churches focus for Bolivia’s first Indigenous Indigenous women and those living in such as Pentecostals are on the and current president Evo Morales poverty, are still suffering abuse.”15 rise and attempt to fracture the and his government’s efforts by feminist discourse and movement by enhancing the representation of The arts scene in Bolivia remains promising women in Bolivia greater Indigenous peoples and women. male-oriented and male-dominated, freedom than they currently have However, concerns are raised about where male counterparts do not compared to other branches of laws specifically implemented with consider female artists as peers. Christianity.

74 FREEMUSE In March 2018, Bolivian artist Rilda denouncing the exploitation that Despite being party to both the Paco faced public outcry and received women suffer in the country; in International Covenant on Economic, death threats over her painting the second painting the artists Social and Cultural Rights and the depicting the Virgin of Socavon in painted a Bolivian national emblem Convention on the Elimination of red underwear and black stockings redesigned with the phrase: “Bolivia all forms of Discrimination Against surrounded by people in colorful in destruction”, intended to once Women, the Bolivian authorities costumes dancing with alcohol again question the Church’s have substantial shortcomings in bottles in their hands. According misogyny by drawing a large, sexually promotion and protection of the to the artist, her intention was to explicit image. A day after its display, rights of women artists. Bolivian create a painting as a form of protest a group of unidentified individuals authorities, in fulfilling their against the objectification of women painted over the mural because it obligations under the provisions in Bolivia. “I have not committed focused on feminism and criticised of the above ratified international any crime; I am not a murderer; I the Catholic Church and the state.18 human rights instruments, must am not a violator; I have not beaten The vandalisation of the controversial deliver accountability for crimes anyone,” Paco said.16 The art was mural reflects how some portrayals committed against women and specifically intended to protest that are critical towards religion women artists and ensure their against a religious festival known as are unwanted in a so-called safety, as well as launch criminal Carnaval de Oruro which is known to “conservative society, which refuses investigations into threats bring with it problems of harassment to open important debates”.19 Similar experienced by them. Authorities and femicide. Paco wanted to to the debate that followed Rilda should protect the right to freedom protest how during the festival men Paco’s painting, supporters of the of expression and combat the commonly drink, party, and engage mural made by Mujeres Creando also impunity often granted to individuals in the objectification of women, yet emphasise the hypocrisy reflected in belonging to religious groups who claim to be religious and protective of the reactions of Bolivians, who are threaten the lives of artists and religious values. outraged by the artwork yet do not vandalise works of art because of seem to be scandalised by news of feminist views. The artist was reportedly declared women being murdered.20 persona non grata by authorities in Oruro, and thus officially regarded as a public enemy.17 It is clear that the subsequent death threats Paco and “IN BOLIVIA THE DIFFICULTY WAS I WAS THE WOMAN her family received because of her painting makes it difficult for her to NOBODY KNEW, THE WOMAN WHO WANTED TO PAINT continue to use art without fear of ON THE STREETS, BUT THE STREETS BELONG TO MEN.” being persecuted or threatened in any way. “THE ARTISTS HERE ARE STILL IN A CLOUD OF CONFORMISM OR MAYBE SCARED. THEY ARE STILL In October 2016, a mural was created DOING EXHIBITIONS ABOUT WHAT PEOPLE WANT TO and displayed on the façade of the Museo Nacional de Arte (National SEE… STILL REALLY CONSERVATIVE.” Art Museum) in La Paz by Mujeres STREET ARTIST KNORKE LEAF, FREEMUSE INTERVIEW, 30 JULY 2018. Creando—a Bolivian art collective and social movement working to confront sexism and homophobia. The mural comprised of two paintings: in the first, the group of artists depicted the misogyny promoted by the Catholic Church by painting sexually explicit images

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 75 “WHEN I HAD MY FIRST EXHIBITION, NO ONE IN MY FAMILY SUPPORTED ME. THEY THOUGHT THAT BEING A GOOD GIRL WAS BETTER—LEARNING TO COOK, SITTING IN THE RIGHT WAY, NOT LAUGHING TOO LOUD. SO MANY TIMES I WAS TOLD “STOP LAUGHING SO LOUD. REMEMBER THE CHBAB SREY.” CONTEMPORARY ARTIST OEUR SOKUNTEVY, CULTURE TRIP, 28 NOVEMBER 2016 CAMBODIA CHALLENGING THE ‘GOOD GIRL’ NARRATIVE OF KHMER CULTURE

great number of them were killed bounds is a fragile and precarious because they did not fit into Khmer balancing act that can easily be * WOMEN ARTISTS Rouge leader Pol Pot’s idea of an overstepped by not aligning with what PRESENTING THEMSELVES agrarian utopia.21 Cambodian authorities perceive to ‘IMMODESTLY’ ARE be the country’s traditional culture. CONSIDERED UNEDUCATED Compared to then, art has now Given this context, songs and videos AND INAPPROPRIATE TO blossomed in the country. Yet in are actively and consistently censored TRADITIONAL CAMBODIAN recent years the government has to promote what are deemed to be the CULTURE become increasingly repressive right Cambodian values. under the leadership of Prime * THE GOVERNMENT IS THE MAIN VIOLATOR Minister Hun Sen. Constraints on Women’s artistic freedom in OF WOMEN’S ARTISTIC different forms of expression are Cambodia is limited to content FREEDOM IN CAMBODIA officially justified by the desire that is not considered obscene or to avoid having good mores and indecent. For instance, in 2017 the * TABOOS AND STATE customs of society negatively Ministry of Culture and Fine Arts AUTHORITIES’ INCREASING affected. This inevitably influences suspended music video actress INTOLERANCE TOWARDS women’s freedom of artistic Denny Kwan from working in the CRITICISM RESULT IN expression, which makes Cambodia a entertainment industry for an entire WOMEN ARTISTS BEING country important to monitor. year because of the costumes she CENSORED wore in her videos, which were seen Cambodian citizens are formally as being too sexy.23 Her suspension guaranteed the freedom to express followed a written promise made to their personal opinions according to the ministry a year earlier in which Article 41 of the Constitution of the she had committed that she would Artistic expression in Cambodia Kingdom of Cambodia. It states: “No become “educated” about her attire has a complicated history. In the one can take abusively advantage of and not wear revealing outfits. late 1970s, most of the country’s these rights to impinge on dignity Being a public figure means Kwan art scene was destroyed during the of others, to affect the good mores loses the right to wear whatever communist Khmer Rouge regime and custom of society, public order she wants, a spokesperson for the that targeted intellectuals, artists and national security.”22 However, Ministry of Women’s Affairs said, and and musicians as undesirables. A expressing oneself within these suggested that Kwan should be more

76 FREEMUSE “THERE ARE CERTAIN EXPECTATIONS THAT CAMBODIAN WOMEN ARE EXPECTED TO ABIDE BY. WE ARE EXPECTED TO BE DEMURE, RESERVED, AND TO FOCUS OUR EFFORTS ON OUR FAMILY.” THE FORMER LEAD SINGER OF CAMBODIAN SPACE PROJECT, CHANTTHY KAK, KHMER TIMES, 7 MARCH 2018

“careful” with her representation of Deep gender inequalities persist limits Cambodians in their creativity. Cambodian culture. According to the to this day in Cambodian society. “If they tell us how to behave and Cambodian Ministry of Culture,24 the The role that women and girls what to wear, there will be fewer sanction was in accordance with its are expected to play in society is and fewer artists,” she said.30 Artists’ Ethical Code of Conduct, which preserved in a renowned code of However, young artists challenging “encourages artists to dress with conduct which has been passed down women’s traditional role in society their personal dignity and national from generation to generation. This are now starting to emerge and identity in mind”.25 traditional custom is codified in the art is becoming a tool to express form of a poem called the Chbab dissatisfaction with the constraints In 2016, the Cambodian Ministry of Srey (Rules for Girls). It presents imposed by the Chbab Srey. There Information banned two songs with and instructs the behaviours and are also increasing numbers of titles and meanings labelled as too attitudes women are required to women artists, which in itself reflects sexy and vulgar for broadcast. The have towards their more “valuable” changing attitudes and a societal songs contained a slang Khmer husbands. The poem was taught shift currently happening in word to denote ‘eat’ that could in primary schools as part of the the country.31 be interpreted sexually. “The two school curriculum until 2007, yet its songs do not have hidden meanings message remains influential to this Although Cambodia has guaranteed encouraging social morality and day—the ideal woman is regarded the right to freedom of expression education, but rather the meanings as unassertive, diligent and pure, under various international human affect the honour and value of and is expected to always accept the rights treaties incorporated into its Khmer women,”26 Information authority of her husband.28 According national legislation,32 the enforcement Minister Khieu Kanharith said in to the poem, women are responsible of this right is challenged by the a statement. The singer of one of for the household and family, country’s perception of women and the songs later apologised for the and should refrain from pursuing women’s independence. Confronting “improper words” and for having certain careers out of the home. By such beliefs through raising affected people’s feelings. As such, international standards, the code awareness and expressing injustices works that indicate sex or sexuality of conduct is regarded as a barrier have the potential to improve the are considered inappropriate, even to gender equality legitimising situation for women artists in when there is only a slight possibility discrimination against women and the country. of people interpreting them in such a impeding women’s full enjoyment of way. It was additionally stated that in their human rights.29 general, songs containing any sexual connotations “have a huge impact In Cambodia, women who want on the national culture’s value, and to express themselves through the meanings deviate seriously from art are more likely to experience Khmer morality”.27 Censorship has censorship if they do not adhere become a convenient measure to to ideals around female virtue and prevent artistic creativity that is modesty required by the authorities. perceived as threatening cultural Em Riem, a painter and fashion traditions to which women are designer in Phnom Penh, says the expected to conform. control that is exerted over all artists

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 77 EGYPT GOVERNMENT TIGHTENING ITS GRIP ON WOMEN ARTISTS AND OPPOSITION VOICES

to multiple forms of discrimination. In 2016 the Musicians Syndicate in Women’s rights and morality issues Egypt was granted judicial police * IN EGYPT, FREEMUSE are caught up in the political battle powers by Justice Minister Ahmed HAS DOCUMENTED between the president, Abdel Fattah al-Zend, enabling it to issue bans THE HIGHEST NUMBER el-Sisi, and the top institution making it illegal for an artist to work. OF WOMEN-RELATED of Islamic clerics, Al-Azhar. The The syndicate has led a vehement VIOLATIONS OF FREEDOM president proposes religious campaign—that is enforced by the OF ARTISTIC EXPRESSION discourses to be modernised police—to control what is branded (20% OF ALL VIOLATIONS whereas the Al-Azhar has no interest as ‘morally degrading art’. It is also WORLDWIDE) in changing its teaching to counter the body responsible for granting militant thoughts that are known to membership and temporary permits * 89% OF THESE VIOLATIONS breed jihadi movements and violence.33 to musicians. Performing without ARE BASED ON WOMEN’S such authorisation is punishable ARTISTIC PERFORMANCES Sexual harassment and violence by a fine and/or can lead to BEING REGARDED AS against women is extensive and part imprisonment. Artists can be banned INDECENT of everyday life in Egypt. Despite for any reason considered valid 37 * THE MUSICIANS SYNDICATE political incentives to combat the by the syndicate’s head, which HAS THE AUTHORITY TO issues, prosecution of perpetrators means that the verdicts are often BAN SONGS THAT DO is rare.34 In this context, it is clear subjective and based on personal NOT COMPLY WITH ITS that women artists have become moral judgements. PERCEPTION OF MORALS particularly vulnerable to charges AND CUSTOMS related to their art, which are often In August 2015, the Musicians justified by accusations of indecency Syndicate issued a series of and violating public morals. guidelines on appropriate forms of dress—specifically for female Several violations of human rights Article 178 of the Egypt Penal Code— artists—and put in measures to happen in Egypt. The Egyptian which defines indecency—states restrict lyrics and gestures that “do government persecutes NGOs, that anyone producing or possessing not comply with the country’s morals journalists, peaceful protesters, material “against public morals” will and customs”.38 In September 2017 artists and human rights defenders be punished with a fine of 10,000 the syndicate declared it “stands in order to silence voices critical of Egyptian pounds (about 490 euros) against all abnormal art”.39 it. Egyptian authorities are known and/or imprisonment for up to two to use arbitrary arrests, enforced years”.35 Only the Public Prosecution disappearances, torture, as well has the right to bring criminal as extrajudicial executions against charges and sue artists, however, in “ANY FORM OF dissidents. The violations are often certain cases citizens file lawsuits OPPOSITION IS BEING carried out with relative impunity; directly to the relevant courts REPRESSED IN EGYPT.” accountability is scant. Religious through ‘direct misdemeanours’, minorities, the LGBTI community which is unconstitutional yet still BAHIA SHEHAB, FREEMUSE INTERVIEW, 22 JULY 2018 and women remain particularly practiced and results in artists’ rights vulnerable to abuse and are subject to creativity being jeopardised.36

78 FREEMUSE “DETENTION SHALL BE THE PENALTY INFLICTED ON WHOEVER MAKES OR HOLDS FOR THE PURPOSE OF TRADE, DISTRIBUTION, RENTAL, PASTING, OR DISPLAYING PICTURES THAT ARE LIABLE TO OFFEND AGAINST THE COUNTRY’S REPUTE, WHETHER BY DEPARTING FROM THE FACT, GIVING AN INCORRECT DESCRIPTION, EMPHASISING IMPROPER ASPECTS, OR BY ANY OTHER MEANS.” ARTICLE 178 OF THE PENAL CODE IN EGYPT

Documented violations of artistic and suggestively eating a banana in clothing” in a music video, thus freedom indicate ‘abnormality’ a classroom. The video resulted in “inciting debauchery” and “violating means performances or lyrics Ahmad being sentenced to two years public decency”.45 The same grounds that challenge the political or in prison and fined 10,000 Egyptian led to the arrest of singer Laila social status quo and address pounds (about 490 euros), which was Amer in January 2018 for making issues of sexism, homophobia, later reduced to one year in jail “provocative gestures” and belly 40 43 religion and politics. Over time, upon appeal. dancing in a music video.46 The video Musician Syndicate and the Egyptian was called “an insult to the Egyptian Censorship Board have been given an Ahmad’s case led to new measures people” by the head of the Musicians increased role in monitoring the work being introduced in 2017 where Syndicate, Hany Shaker, who then of artists and their work for anything writers are now obligated to cancelled Amer’s membership.47 deemed to be indecent. submit the lyrics of each song to the Egyptian Censorship Board for On multiple instances the syndicate As a result, criminal proceedings review. Once approved, the writer has cancelled work permits for are becoming more common in the and composer are provided a permit female artists believed to have context of political developments. In for each song, allowing them to negatively affected “the public September 2015, belly dancers Suha record it. Citizens are also allowed common sense” through their Mohammed and Dalia Kamal Youssef to send notices to the censorship performances. Cancelling artists’ were sentenced to six months in board calling for legal actions against memberships is said to be done to prison for “inciting debauchery” artists who they believe have violated protect the values and traditions of through their video performances. society’s morals.44 The censorship 48 The pair was said to have promoted board is susceptible to public the Egyptian society. The space nudity in their music videos and pressure, which itself is taking on a for women’s artistic expression harmed the image of Egyptian more rigid conservative idea of what in Egypt is rapidly shrinking; the women.41 These cases illustrate constitutes morality. strands of discussion that are how women are often seen as the being leveraged about morality and custodians of what is morally correct It is clear that sexual undertones are indecency, modernity and tradition and culturally appropriate when especially perceived as provocative feed into a troubling narrative, which becoming victims of discrimination and used to justify arrests—singer directly impinges on women’s right and imprisonment for performances and dancer Fatima, known as Eghraa, to freedom of expression and clearly deemed indecent. was arrested in December 2017 for illustrates the patriarchal nature of dancing “provocatively in revealing moral policing. In January 2016, film producer Rana Al Subki was sentenced to one year in jail and fined 10,000 Egyptian pounds (about 490 euros) “WE KNOW THAT OUR ALL OF OUR COMMUNICATION by a Misdemeanours Court in Giza for promoting and releasing MIGHT BE TAPPED AND THAT WHAT WE SAY IS MONITORED. “racy” images in a film.42 Pop I’M VERY CAREFUL WITH WHAT I COMMUNICATE AND singer Shaima Ahmad (Shyma) HOW MUCH I COMMUNICATE ONLINE.” was convicted in December 2017 BAHIA SHEHAB, FREEMUSE INTERVIEW, 22 JULY 2018 of “inciting debauchery” in a music video showing her licking an apple

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 79 “THE IDEA DAWNED ON ME TO USE MY ART TO GIVE VOICE TO THE EVERYDAY STRUGGLES OF THE INDIAN WOMAN. I WANTED TO USE MY PAINTING TO EXPRESS HER EMOTIONS AND THE ISSUES THAT SHE FACES FROM BIRTH THROUGHOUT THE REST OF HER LIFE. I KNEW THAT IF I DID IT RIGHT, MY ART COULD HAVE A STRONG INFLUENCE.” ARTIST DIPTI KULKARNI, BROWN GIRL MAGAZINE, 8 OCTOBER 2014 INDIA THE BATTLEGROUND ON VISUALS OF WOMEN’S BODIES

violence, and at the same time failed The act prohibits the “indecent to credibly investigate attacks on representation of women through * INDECENCY AND religious minorities, marginalised advertisements or in publications, RELIGION ARE THE MAIN communities and people critical writings, paintings, figures or in CHALLENGES TO WOMEN’S of the government.51 There are any other manner and for matters ARTISTIC FREEDOM (72% vaguely defined limits imposed on connected therewith or incidental OF THE WOMEN-RELATED the freedom of expression through thereto.”53 This act not only CASES DOCUMENTED the Indian Penal Code: anyone found constrains the way women can be BY FREEMUSE IN INDIA offending religious sensitivities can presented in various art forms, the BETWEEN 2013-2018) be fined and/or imprisoned for up official meaning of what constitutes 52 indecent representation within the * THE INDECENT to three years. Mainstream media, act is so vague and broad that it REPRESENTATION OF journalists, eminent human rights grants authorities wide discretion. It WOMEN (PROHIBITION) ACT defenders and NGOs expressing states that indecent representation 1986 PROVIDES GROUNDS dissent have all been labelled as of women means “the depiction in FOR WIDESPREAD GENDER- anti-national. Yet these are not the any manner of the figure of a woman; RELATED CENSORSHIP only groups targeted. her form or body or any part thereof in such way as to have the effect of * FILM AND MUSIC REMAIN Different forms of artistic being indecent, or derogatory to, MAIN TARGETS OF expression have all come under or denigrating women, or is likely CENSORSHIP increased scrutiny and there have to deprave, corrupt or injure the been attempts to censor films, public morality or morals.”54 As such, photographs and other genres of art prohibiting women from exercising in an effort to control cultural norms In India, women are promised their artistic freedom is seen as equality between genders as a and moral values. More troubling necessary to maintaining good constitutional right, and officially, all have been the attempts to place public morals. citizens have the right to freedom restrictions on female artists and of speech and expression.49 Since their physical presentation. Existing The protection of moral values—a the Bharatiya Janata Party (BJP), gender roles and norms already burden shouldered disproportionally led by Narendra Modi, was voted place considerable pressure on by women—is similarly the focal into power in 2014, the right to women to conform. However, this is point by which the Central Board of freedom of expression has come compounded by existing regulations Film Certification (CBFC) censors under considerable duress.50 Senior which seek to define and shape the movies in India. The board follows BJP leaders have been found to portrayal of women in Indian society. guidelines provided within The publicly promote Hindu supremacy The Indecent Representation of Women Cinematograph Act 1952, which and ultra-nationalism encouraging (Prohibition) act 1986 is one such act. empowers the central government to

80 FREEMUSE establish a censor board to vet films are furthermore often met with not only happen top-down from intended for public viewing. This varying degrees of disapproval the government—some parts of inevitably means the government and censorship. the general population also find is highly involved in deciding which it provocative when women’s films can and cannot be shown. In Perceptions of what is offensive appearances do not align with their 2015, the board decided the film to see in public spaces differs own expectations of modesty. One Chaayam Poosiya Veedu (The Painted depending on whether it deals with can imagine that such perceptions House) could not be screened in visuals of—and objects belonging create a climate of fear, and that India unless nude scenes were to—men or women. As an example, women are less likely to display deleted, in order to avoid setting Indian visual artist Rupali Patil artworks or even engage in art that off a “dangerous trend” for future produced an image in which she involves the risk of offending people. Indian filmmakers shooting nude depicted washed clothes hanging to On the international level, the United scenes. The directors protested the dry in the sun. The practice of ‘hiding’ Nations expressed concerns in decision— arguing the scenes were 2017 about the Indian government female underwear is common integral to the theme of the film—and and its unwillingness to accept a practice in the country. Patil’s image refused to make the changes, so number of recommendations such reflected this reality and deliberately the movie was effectively banned as ensuring freedom of expression 55 covered the female underwear while from screening. and peaceful assembly. This further the male undergarments were left emphasises the need for the country untouched and in full display. The The board’s vetting process ensures to take active steps towards fulfilling photograph was due to be displayed the government plays a significant international standards of human at the Pune Biennale Foundation role in deciding what people can rights59 as well as supporting and watch, what is deemed suitable before it was deemed offensive protecting artists who speak up 57 and unsuitable, and whether films and subsequently censored. Patil about injustices experienced in are accessible to audiences. The creates politically and culturally the country. impact of such decisions plays out in provocative artwork, some of which rural areas more so than the urban attempts to fight cultural norms centres of India where film plays that require women not to provoke a more significant role in shaping men to ensure their own safety.58 an understanding of the world. As Through her artwork she highlights a consequence, many observers the differences in the way men and believe the board has become a tool women are treated. As such, the limit for “disbursing political patronage to what can be portrayed in artworks and as a vehicle for furthering the is therefore narrow, particularly ideological, cultural or political for women, since regulation on the agenda of the ruling party”.56 Given this reality, artistic freedom is representation of men does not exist subjected to the country’s patriarchal nor is it readily found to be offensive. sensitivities where notions of sexual autonomy and agency of women—for The desire to control how women example depicting nudity, kissing or should present themselves reaches same-sex relationships on camera— many different branches and does

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 81 IRAN WHERE WOMEN ARE BANNED FROM PERFORMING SOLO

public spaces and the imposition of Second, local authorities restrict the hijab (head covering) on women cultural expression largely at will. * FEMALE ARTISTS FACE and girls in all public spaces.61 Such With strong local authorities and SEVERE RESTRICTIONS ON regulations are enforced by the inconsistent policy framework WHOM THEY CAN PERFORM so-called morality police and have and guidelines from the central WITH AND FOR fundamentally corroded the right to government, art communities and freedom of expression, including the women artists face the discretion * WOMEN ARTISTS’ RIGHT of local authorities. As a result, in TO CULTURAL EXPRESSION right to artistic freedom. Key drivers recent years dozens of concerts and IS RESTRICTED BY LOCAL and factors affecting women’s artistic cultural performances have been AUTHORITIES WHO OFTEN freedom include the following. cancelled in Iran due to pressure BOW TO PRESSURE FROM and intimidation by hardliners who RELIGIOUS CONSERVATIVES First, there are discrepancies between political promises on consider such events as undermining 64 * 50% OF WOMEN-RELATED cultural rights and artistic freedom Islamic values. CASES DOCUMENTED and what is actually happening at In January 2018, female members BY FREEMUSE IN IRAN national and local levels. President of the Isfahan National Orchestra BETWEEN 2013-2018 Hassan Rouhani has been accused were not allowed to play in their own HAPPENED IN THE MUSIC of being too liberal in his cultural city of Isfahan and the orchestra had INDUSTRY and social policies by his hardliner to appear without them.65 A month opponents. Such hardliners and earlier, cellist Melanie Avanessian Muslim clerics are often found was prevented from performing to be powerful on the local level, on stage in Tehran in pop singer and they want to actively prevent Women artists’ rights in Iran are a Benyamin’s band. In January 2017, Rouhani from fulfilling his promises reflection of women’s rights in the the Kurdish band Dayrak Khatoon to relax cultural restrictions on a country: very limited and precarious. was simply banned from performing national level as a way of avoiding With the Islamic Revolution of 1979, at a music festival in Kermanshah 62 the Islamic Republic of Iran was moral corruption to be spread. The (western Iran) because it included central government stated it needs created. The constitution is based women singing solo.66 to write clear guidelines on musical on the velayat-e faqih (Guardianship performances to ensure consistency of the Islamic Jurisprudence). This A high-profile performance by the in local officials applying the rules.63 doctrine is a system of governance Tehran Symphony Orchestra in This could be an opportunity for November 2015 was cancelled by requiring all national laws and the government to modernise its artistic director Ali Rahbari when regulations respect Islamic standards.60 policy on cultural diversity and authorities objected at the eleventh expression. It is, however, unclear hour to having female musicians After the revolution, the Islamisation when the government will enact on stage. It has been suggested the of both the state and society led to a such guidelines and how open and decision was made due to the women clear deterioration of women’s rights supportive the guidelines would be musicians not being adequately through the establishment of gender to cultural communities and women covered as they lacked the hijab. segregation regulations in certain artists in particular. Rahbari refused to perform without

82 FREEMUSE “I AM A PROFESSIONAL IRANIAN SINGER BUT I AM ONLY ALLOWED TO WORK IF I PERFORM WITH A MAN, WHICH IS SOMETHING I HAVE NEVER WANTED TO DO.” FEMALE VOCALIST SEPIDEH JANDAGHI, CENTER FOR HUMAN RIGHTS IN IRAN, 24 JANUARY 2018

them.67 This incident demonstrates cultural expression. In September states countries must “undertake how law enforcement agents take 2017, 20 Iranian actresses were to ensure the equal right of men women off the stage and cancel banned from appearing on the and women to the enjoyment of all their concerts at the last minute government-run Islamic Republic economic, social and cultural rights”. despite artists having official of Iran Broadcaster after publishing authorisation from the Ministry of photos of themselves without Despite President Hassan Rouhani’s Culture and Islamic Guidance. In wearing a hijab.71 In September 2018, public position to expand women’s August 2017, about 500 virtuosos screenwriter Amir Mehdi Juleh shed rights,75 there are few if any signs and musicians protested the rise light on the industry, saying women of substantial improvement coming of “illegal cancellations of licensed acting in soap operas are not allowed from the government. Women’s and scheduled concerts” in an to “shout, whistle, laugh out loud, or limited social, political and legal open letter to the ministry. “These make certain jokes”. In one recent rights generate the core foundations politically motivated cancellations, television show, women were not of the gender-based discrimination while used as an instrument to put allowed to eat cucumbers, he said, and inequality that remain strong in the government under pressure, and censors objected to the size of Iran. However, there are continuously are a heavy burden on musicians’ an actress’s ears beneath her scarf renewed and highly publicised waves shoulder,” the letter said.68 during the filming of 2005 satirical of protests by Iranian women for soap Barareh Nights.72 their rights, including the imposition Universities also exercise on the hijab.76 Whether women’s discrepancies in setting up rules Women are only allowed to sing rights to express themselves based on their interpretation of solo in concerts alongside other artistically and culturally will be what is appropriate at the cost of female musicians and in front expanded and realised is yet to women’s choices of self-expression. of a female audience.73 This and be seen. For example, the bylaws of the other restrictions on women are University of Kashan (central inconsistent with international Iran) require female musicians treaties including the International performing among others to be Covenant on Economic, Social and married, to not wear headbands, Cultural Rights, which was ratified by 74 short-sleeve shirts or vivid colours, Iran in 1975. Article 3 of the ICESCR and to avoid moving beyond what is absolutely necessary.69 According to these bylaws, two of the six conditions by which “classy” music “POLICE AND OFFICIAL FORCES MAKE NO EFFORT TO is allowed to be performed are that PROTECT WOMEN’S RIGHTS AGAINST QUASI-FORCES, the performance does not induce STANDING IN VIOLATION OF THE GOVERNMENT’S undesirable emotions such as lust INTERNATIONAL COMMITMENTS TO PREVENT OR and debauchery nor can it encourage unwanted feelings such as despair.70 PROSECUTE ACTIONS THAT VIOLATE HUMAN RIGHTS.” JUSTICE FOR IRAN REPORT ‘THIRTY-FIVE YEARS OF FORCED HIJAB: THE WIDESPREAD AND SYSTEMATIC VIOLATION OF WOMEN’S RIGHTS IN IRAN’ (2014) P52. Third, the imposition of the hijab severely restricts women and their

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 83 JAPAN CHALLENGES FOR ARTISTIC DEMYSTIFICATION OF FEMALE GENITALIA AND THE PAST SEXUAL EXPLOITATION OF WOMEN

In July 2014, visual artist Megumi more than 40 years, which continues Igarashi aka Rokudenashiko was to be revered rather than quizzed on * INCONSISTENCY IN detained under such vague obscenity grounds of obscenity.81 THE APPLICATION laws because of her crowdfunded OF OBSCENITY LAWS artwork where she sent people Furthermore, incessant attempts by IN JAPAN HAS BEEN 3D-scanned data of her vagina in authorities to censor any artworks USED TO SPECIFICALLY exchange for funds to build a fully related to the gender specific PREVENT WOMEN FROM functional kayak modelled on her violations suffered by ‘comfort ARTISTICALLY EXPRESSING vagina. Igarashi was prosecuted women’ exposes the pervasive THEIR SEXUALITY and on 9 May 2016 the Tokyo District patriarchy that continues to suppress Court fined the artist 400,000 yen women’s rights and feminist art * VISUAL ARTWORK CREATED (about 3,100 euros) for distributing in the country. These women TO COMMEMORATE “obscene” information as part of the were held captive by the Imperial ‘COMFORT WOMEN’ art project.78 On 13 April 2017, the Japanese Army and repeatedly ARE CENSORED MOST appeal court upheld the verdict raped, tortured and mistreated. As FREQUENTLY and sentence.79 a way of honouring these women and girls, dozens of memorials— * ‘COMFORT WOMEN’ ALSO Rokudenashiko creates her artworks known as “Statues of Peace”—have AMONG THE KEY TOPICS to demystify female genitalia in been erected in South Korea, the FOR ARTISTS’ SELF- Japan—a country with a pop culture United States, Canada, Australia and CENSORSHIP that sometimes celebrates male Germany. However, the appearance genitals yet punishes public displays of such statues has been met of female reproductive organs. with hostile resistance from the Japanese authorities’ attempts to Commenting on Rokudenashiko’s Japanese authorities. suppress women’s artistic expression arrest, professor of Asian Art at are widespread—from prosecuting the Fordham University Midori When in 2011 the first statue a visual artist who created artwork Yamamura said: “In Japan, we dedicated to ‘comfort women’ was depicting her vagina to removing are not used to the feminist art placed in front of the Japanese statues dedicated to the memory scene, but what she is doing is very embassy in South Korean capital of ‘comfort women’. These statues feminist because she became quite Seoul, it sparked outcry from the were depicting the systematic political and she is really trying to Japanese government. The dispute sexual exploitation of women from change people’s perception about between the two countries initially a number of countries77 by the vaginas”.80 Her prosecution left many appeared to have been resolved Imperial Japanese Army before and questioning the authorities’ hypocrisy in 2015 when Japan expressed an during World War II, and have been given that the country celebrates apology and promised to invest 1 consistently censored by Japanese fertility and the penis as a symbolic billion yen (about 7.8m euros) to a authorities. Over the last decade, part of its religious traditions. For fund dedicated to victims of sexual women’s artistic freedom has also example, Kawasaki, a city in the abuses.82 However, this pledge of been challenged by ambiguous legal greater Tokyo area, has been hosting funds was promised on the condition concepts defining obscenity and the famous fertility festival Kanamara that municipal authorities in Seoul adopted in national legislation. Matsuri (Steel Phallus Festival) for removed the Statue of Peace. Public

84 FREEMUSE pressure in South Korea ensured that the Tokyo District Court ruled that ‘comfort women’ legacy. In order the statue has not been removed. the Nikon Corporation’s reasons for to reflect its commitment to Article the cancellation were insufficient 19 of the International Covenant on Japan’s relations with other and ordered its opening as planned. Civil and Political Rights and Article countries that have built memorials However, the exhibition sparked 15 of the International Covenant on to honour ‘comfort women’ have all demonstrations with protesters Economic, Social and Cultural Rights, similarly come under duress. The opposing the ‘defamation’ of both ratified in 1978, Japan must 60-year-long relationship between Japanese people and claiming the refrain from censoring art projects sister cities of San Francisco and stories about ‘comfort women’ were exhibited on its own territory and Osaka was tested in November 2017 the “biggest fabrication in history”.87 internationally created to pay respect when the American city erected a to female victims of past atrocities. memorial for ‘comfort women’. The In the last couple of years, a number statue, which shows three figures of international and human rights Although Japan has been perceived holding hands on a pedestal to organisations, including ‘comfort by international human rights represent girls from the Philippines, women’ survivors associations, have organisations as a “strong democracy Korea and China, caused controversy put pressure on Japan to properly with rule of law and an active civil between the two cities with the address the issue. In 2018, the society,”89 women and women artists mayor of Osaka, Hirofumi Yoshimura, Office of the United Nations High still face gender-related challenges. stating the relationship of trust had Commissioner for Human Rights In terms of women’s freedom of been completely destroyed.83 The recommended taking concrete artistic expression, Japan must same month, Japan managed measures for dealing with the support artists’ contributions and to prevent the “Voices of the Comfort problem, emphasising the need revise the concept of obscenity Women” initiative from being for ensuring the public’s right to in national legislation in order to inscribed into the UNESCO’s Memory information on the matter.88 In eliminate discriminatory treatment. of the World Register.84 order to avoid further criticism in the international arena, Japan As such, ‘comfort women’, along needs to publicaly recongise the with other issues related to Japan’s systematic sexual violence which responsibility for crimes committed is estimated to have affected over during World War II, have been key 200,000 victims and undertake a topics for artists’ self-censorship comprehensive approach to the due to worries about reactions.85 The country has also objected to projects produced by foreign artists, for example in May 2012 South “THE JUDICIAL COURTS HAVE THIS IDIOSYNCRATIC Korean photographer Ahn Sehong’s CONCEPT OF THE VAGINA AS SOMETHING THAT WILL exhibition Layer by Layer: Korean women left behind in China who were AROUSE MEN WHEN THEY SEE IT NO MATTER WHAT. I comfort women of the Japanese BELIEVE SEXUAL AROUSAL IS A PERSONAL FEELING, military was cancelled weeks before BUT BY WRESTING CONTROL OVER THE FREEDOM TO its scheduled opening at the Nikon EXPERIENCE THOSE PERSONAL FEELINGS, THE STATE Salon in Tokyo because of “the TAKES FURTHER CONTROL OVER THE PEOPLE.” show’s political intentions—to lobby ARTIST MEGUMI IGARASHI AKA ROKUDENASHIKO, GLAMOUR, 19 JUNE 2017 the Japanese government for a formal apology”.86 One month later

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 85 “THE DJ SCENE IN NIGERIA IS OBVIOUSLY MALE- DOMINATED. A LOT OF THEM ARE JUST SCARED, TO BE HONEST, OF WHAT POTENTIALLY A WOMAN COULD DO.” OBIANUJU CATHERINE UDEH AKA DJ SWITCH, CNN INTERVIEW, 31 JULY 2018 NIGERIA WOMEN BATTLE FOR ARTISTIC FREEDOM IN THE FACE OF VIOLENT INTIMIDATION, SEXUAL HARASSMENT AND DISCRIMINATORY CENSORSHIP

A complex climate of religious starvation and sexual violence influences and violent militant groups against women who had been * WOMEN FILM PRODUCERS undermines human rights, including trapped in these areas.91 AND DIRECTORS ARE the right to freedom of expression DISPROPORTIONATELY in Nigeria, and creates obstacles for While the Constitution of the Federal AFFECTED BY INTIMIDATION women pursuing careers as artists. Republic of Nigeria explicitly AND VIOLENT ATTACKS Nigeria is divided along religious and prohibits discrimination on the grounds of place of origin, sex, ON FILM SETS AT THE ethnic lines: patriarchal customs and traditions play a major role in religion, status, ethnic or linguistic HANDS OF ‘AREA BOYS’. IN 92 the largely Christian south, while the association or ties , the authorities 2017, 100% OF REPORTED predominantly Muslim north is faced have failed to pass additional CASES IN LAGOS DIRECTLY with an increasingly conservative legislation specifically protecting women’s rights. In March 2016, the TARGETED WOMEN AS interpretation of Islamic law and Nigerian Senate rejected The Gender THEIR PRIMARY VICTIMS official sharia enforcers called and Equal Opportunity Bill after some Hisbah monitor artistic content for lawmakers objected to it on religious * SEXUAL HARASSMENT IN indecency and immorality. grounds—both Christian and NIGERIA’S ENTERTAINMENT Islamic.93 The bill called for equality Boko Haram and its splinter group INDUSTRY IS RIFE AND for women in marriage, divorce, Islamic State in West Africa have JUSTICE FOR VICTIMS OF inheritance, education, employment wreaked havoc across northeast SEXUAL HARASSMENT and politics. Nigeria in recent years in a quest to REMAINS EVASIVE establish a sharia state. Since the Strict government censorship Boko Haram insurgency against the continues to dominate freedom of * WOMEN FACE Nigerian government started in 2009, expression under the leadership DISCRIMINATION WITH tens of thousands of people have of President Muhammadu Buhari. THE IMPLEMENTATION been killed and millions have been Government officials publicly OF ULTRACONSERVATIVE internally displaced.90 And as the criticise, harass and arrest INTERPRETATIONS OF Nigerian military recaptures territory journalists who cover topics such ISLAM AND CHRISTIANITY that was under the control of Boko as corruption scandals and human Haram, it has allegedly carried out rights violations.94 Broadcasting is widespread abuse including torture, heavily controlled by the National

86 FREEMUSE Broadcasting Commission watchdog, Steph-Nora Okere disclosed she for movie shoots because they were which regularly releases lists of had been sexually harassed by a aware of his violent nature”.102 breaches made by radio and TV famous producer who held a knife to stations that play music allegedly her neck and demanded she strip. The Motion Pictures Practitioners containing “vulgar” and “indecent” The actress said she decided to Association of Nigeria (MOPPAN), lyrics.95 And in July 2017, Nigeria’s keep the experience secret for years governs the conduct of actors and Minister of Information and Culture because her family advised her to actresses in northern Nigeria. indicated the government might ban do so.100 Although some actresses In October 2016, the association artists from shooting videos outside have publicly talked about their expelled popular actress Rahama the country because it allegedly experiences, they often refuse to Sadau from Kannywood—the Hausa- has a negative impact on name culprits for fear of not being language film industry which is Nigeria’s economy.96 able to secure future work. based in Kano—after the 22-year- old allegedly acted inappropriately In Lagos, women filmmakers are More generally, men holding in a music video with male rapper often targeted by gangs of young powerful positions in the ClassiQ. In a statement, MOPPAN men—known as ‘area boys’—who entertainment industry in Nigeria said Sadau had been expelled for engage in petty extortion. These boys can make difficulties for their female her recent “immoral appearance”. intimidate women artists to extract colleagues. In 2016, Nollywood “The leadership hopes that this will payment for permission to shoot filmmaker Seun Egbegbe reportedly serve as a deterrent to the actors films, even though the filmmakers vowed to end the career of actress and actresses to check their public already hold valid permits from Toyin Aimakhu—his partner at the behaviour as they are expected to the relevant authorities. Existing time—after she accused him of be good ambassadors to the society legislation designed to prohibit kidnapping her, which he vehemently they represent,” MOPPAN said.103 this practice have so far lacked denied. “No producer must deal with Sadau was compelled into issuing implementation.97 Sometimes, her again. Any producer that doesn’t an apology. ClassiQ, however, has artists who refuse to pay are violently heed the warning will find him or neither faced reprimand or expulsion attacked. For example, actress Kemi herself to blame. It’s not a threat, and continues to produce music. Afolabi miscarried after she was it’s a promise,” Egbegbe said.101 Sadau’s treatment demonstrates that punched in the stomach during an Aimakhu stated his threats “affected women disproportionally bear the attack by ‘area boys’ who demanded her business, as colleagues and brunt of social norms and customs money on the set of a new movie in producers were afraid of inviting her governing decency and morality. March 2017.98

For many years the Nigerian entertainment scene has been rife with allegations of sexual “MEN HAVE TO BE ON BOARD. I THINK YOU CAN CHANGE harassment. In August 2017, WOMEN ALL YOU WANT, IF YOU DON’T CHANGE MEN, Nollywood actress Juliet Patrick NOTHING CHANGES… I ALSO THINK, SADLY, THAT WE Odigwe said a popular movie LIVE IN A WORLD WHERE MEN ARE MORE LIKELY TO producer asked her for “six rounds of LISTEN TO MEN.” sex for six movie roles”.99 A handful NIGERIAN AUTHOR CHIMAMANDA NGOZI ADICHIE DISCUSSING FEMINISM IN AN INTERVIEW WITH of Nigerian artists have also started THE DAILY SHOW’S TREVOR NOAH, 7 JUNE 2018 speaking out as part of the #MeToo movement. Nollywood actress

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 87 “I AM PROUD OF WHAT I DID. I DRUGGED HER FIRST, THEN I KILLED HER. SHE WAS BRINGING DISHONOUR TO OUR FAMILY”. WASEEM AZEEM ADMITTED ‘HONOUR KILLING’ HIS SISTER QANDEEL BALOCH PAKISTAN HONOUR KILLINGS AND GENDER-BASED VIOLENCE SHRINKING THE SPACE FOR ARTISTIC FREEDOM

Pakhtunkhwa considered one of the victim’s family the only possible way most challenging places for women, to overturn the ruling. Yet despite the * WOMEN ARTISTS ARE due to the limitations imposed by law, victims’ families often accept the TARGETED AND BRUTALLY traditional patriarchal norms and loss of a life to ‘save the family’ from KILLED BY RELATIVES FOR Taliban practices. These norms and further ‘dishonour’, especially when BRINGING ‘DISHONOUR’ practices include preventing women the motivation for killing is to punish TO THE FAMILY BY from performing in public and the person for the ‘shame’ brought to PERFORMING ART IN PUBLIC engaging in the arts, and have led the whole family. to the death of at least two women * MALE SUPPORTERS artists in 2018 and thousands of In 2012, one of the most famous AND MEMBERS OF THE women across Pakistan. Specifically, and influential Pashto singers in the ARTISTIC COMMUNITY ARE human rights organisations in region, Ghazala Javed, was shot and TARGETING AND KILLING Pakistan have estimated there are killed by her ex-husband after she WOMEN ARTISTS FOR REFUSING DIRECTIVES approximately more than 1,000 refused his order to stop performing ABOUT WHEN, WHERE AND honour killings per year, and whilst in public. In December 2013, he HOW TO PERFORM this is a high number it is expected was convicted of her murder and to be much higher due to the sentenced to two death penalties * THE CONCEPT OF HONOUR IS challenge of obtaining information and fined 71 million Pakistani rupee USED TO VALIDATE VIOLENCE on these killings.104 (about 470,000 euros).105 However, he AGAINST WOMEN AND TO was acquitted by the Peshawar High PREVENT WOMEN FROM In response to these killings, Court in May 2014 on the grounds PERFORMING IN PUBLIC in October 2016 the Pakistani that a settlement with Javed’s family Parliament passed an anti-honour had been reached. killing bill with the aim of curbing the amount of honour killings and In July 2016, singer, actress and prosecuting the perpetuators. The social media celebrity Qandeel Across Pakistan, violence against law affirms that those conducting Baloch was murdered by her brother. women is manifesting in various honour killings can be punished by Years prior to her death, Qandeel ways. In particular, honour killings a mandatory imprisonment of 12 Baloch tried to defy social norms are proliferating across the country years and six months and/or the and customs concerning female with the Taliban stronghold of Khyber death penalty, with a pardon from the sexuality through online platforms,

88 FREEMUSE and constantly received death Sindhu), was shot by a male fan for In response, he sponsored the attack threats as a result. These death refusing to stand and dance whilst with the aim of hurting her, but she threats became more pronounced performing at a wedding ceremony in died of profuse bleeding.111 After a following a selfie video she shot with the Sindh province in 2018. Samoon criminal investigation, a settlement the religious cleric Mufti Qavi, who was pregnant at the time.109 was reached with the suspect to end sits on Pakistan’s religious council. the case due to the financial burden The video created a national furore In November 2016, theatre actress on the family. on mainstream media and led to Kismat Baig was shot dead by his suspension from the council. unidentified gunmen in Lahore, the According to Amnesty International’s Qandeel Baloch was strangled to capital of the Punjab province, after 2017/2018 report on Pakistan, death at her family home in Multan, a returning to her house following the Pakistani law that introduced conservative part of Punjab province, a performance in a stage play. penalties for honour crimes— and after her brothers’ arrest he According to Baig’s driver, one of the including the death penalty—has confessed to the crime on TV saying: gunmen reportedly said: “Kismat, “proved ineffective” because it allows “I am proud of what I did. I drugged now you will not be able to dance”, judges to decide whether a crime her first, then I killed her. She was after shooting her.110 Investigations is honour-based. “In some cases bringing dishonour to our family”.106 into the shooting revealed that a man in 2017, the accused successfully In May 2018, five other suspects were from the show business industry claimed another motive and was arrested over her death, including had ordered the attack; he later pardoned by the victim’s family under Mufti Qavi, who was accused of confessed that he had asked Baig qisas and diyat laws, which allow inciting Waseem Baloch to murder to participate in a stage drama in for ‘blood money’ and forgiveness his sister.107 Faisalabad but she refused his offer. instead of punishment.”112

In Pakistan, the trend of persecuting, prosecuting and murdering women artists transcends personal connections. Perpetrators of violence “I FEEL LIKE ALL OF US ARE STRUGGLING WITH towards women artists are often men who consider women artists IDENTITY 99 PER CENT OF THE TIME, BECAUSE IT’S JUST have defied their wishes about how NOT ACCEPTABLE TO BE YOURSELF. WHEN SOMETHING to behave and perform in public. This GOES AGAINST THE GRAIN, IT REALLY HITS A NERVE.” reason alone is often considered VISUAL ARTIST SHEHZIL MALIK TALKING ABOUT INEQUALITY IN PAKISTAN, CNN, 22 JANUARY 2018 enough for men in Pakistan to initiate violence, something that was seen in February 2018 when three men shot and killed theatre actor Sumbul Khan after she refused to perform for them at a private event in the Khyber Pakhtunkhwa province.108 In another incident, Pashto singer Samina Samoon (also known as Samina

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 89 SAUDI ARABIA SHARIA LAW STRICTLY SHAPING WOMEN ARTISTS’ EVERYDAY LIVES

Prince Mohammed bin Salman, who Some forms of public entertainment, came to power in mid-2017, initially such as cinemas and concerts, * WOMEN, INCLUDING brought a wave of hope concerning are considered against the tenets WOMEN ARTISTS, ARE better prospects for women and of Islam within the country. Local LIMITED BY RESTRICTIVE consequently women artists, women regulations require government LAWS AND DEMEANING remain trapped by restrictive laws approval for organising such SOCIAL VIEWS and demeaning social views. events, which are rarely granted for showcasing artwork produced * ARTWORKS ARE CENSORED One of the key obstacles for women by women.115 Nevertheless, women IF DEEMED TO BE to accomplish professional careers singers are not prohibited from INDECENT AND SEEN TO in arts and culture in Saudi Arabia is producing music, which is widely VIOLATE RELIGIOUS NORMS the male guardianship system, which distributed online. Some women * DESPITE POSITIVE makes a woman ‘legally dependent’ use these platforms to express their CHANGES INTRODUCED on a chaperone regardless of her dissatisfaction with the guardianship THROUGH ‘SAUDI VISION social, educational or marital status. laws. When the music video for 2030’, WOMEN ARTISTS STAY The interpretation of Sharia law Hwages (Concerns) was released in RESTRICTED UNDER THE requires women to obtain consent by December 2016, YouTube viewers GUARDIANSHIP SYSTEM an approved male relative to pursue called it “disgusting”, and “extremely any opportunity related to freedom inappropriate”.116 The Majed al- of movement, education, marriage, Esa-directed video, which currently etc.113 Should a male family member boasts more than 24 million views, determine that he does not want depicts a trio of niqab-cloaked Women artists and audiences in his daughter, wife, sister or other women dancing while rapping. The Saudi Arabia have been facing female relative to take part in arts, lyrics call for gender equality and multiple forms of discrimination, with she cannot do it. Without support, demand the dismantling of patriarchy some restrictions being among the many women are uneager to engage in the country. most severe on a global level. Strict in arts. religious beliefs, conservative values On the other hand, in some artistic firmly established in Saudi society This affects the conditions under fields such as literature, design and and rigid state legislation have strong which those who choose arts and visual arts, fewer limitations are impacts on the enjoyment of cultural culture as their profession produce reported.117 Yet even though women rights both in general and especially their artworks. Saudi Arabia’s first are able to express themselves for women. Women are exposed to female film director, Haifaa al- through these forms of art, they strict rules for obtaining education Mansour, testified how she worked still face stern control when it in arts and culture and pursuing on her film Wadjda from a van, comes to the content produced. In professional careers in the cultural communicating with the crew via a November 2017, the Saudi Ministry industry, and are often censored walkie-talkie.114 Due to strict control of Culture and Information issued due to content being deemed over women’s appearance in public an order calling on bookstores to inappropriate from a religious spheres and thus in cultural scenes, remove all copies of award-winning perspective or by contradicting the space for engaging in artistic Saudi writer Badria al-Bishr’s novel social norms. Although Crown forms has been critically reduced. Thursday’s Visitors and opened an

90 FREEMUSE investigation. The novel features of the General Culture Authority However, in the efforts to shift the story of a young Saudi woman (GCA).120 At the same time, state towards a more moderate, modern who finds friendship amongst a officials from the cultural sector and economically competitive group of women she meets with stated 54% of GCA employees are society, the Saudi government is once a week. The order was given women, and that there is equal showing signs it is prepared to after some readers found the novel pay between men and women in reconsider its previous stance “pornographic”, complaining against the GCA and Saudi Film Council.121 on the public enjoyment of art: its “sexually graphic” content, which Although such statements create an for example, opening up sports is often considered un-Islamic and impression that the new regime has stadiums, concerts and cinemas censored in the country.118 recognised the necessity for reducing to Saudi women audiences while women’s limitations, the sincerity of maintaining gender segregation Despite conservative perceptions their will to undertake meaningful at such events. This is particularly prevailing in Saudi Arabia’s cultural and substantive steps to implement significant for Saudi women who scene, the last couple of years have greater gender equality can still seek better opportunities to enjoy brought some positive developments be questioned. The fact that the freedom of artistic expression. Yet for enrichment of cultural life and Canadian ambassador was expelled it should be noted that these signs affirmation of women’s rights. The from Saudi Arabia in August 2018 of improvements take place against ‘Saudi Vision 2030’, adopted in April because his country’s officials had the backdrop of continuing violations 2016, introduced a number of new criticised Riyadh for detaining human of artistic freedom and cultural regulations aiming to broaden the rights activists, including Samar expression. The prospects for Saudi sources for the country’s economic Badawi who had campaigned for an women’s greater participation in the growth and develop different public end to the male guardianship system, sphere of arts and culture appear to service sectors. In an unprecedented shows that concerns about the lack have improved, but are still far from move, the then deputy crown of tolerance for criticism international standards. 122 prince promised an increase in are legitimate. household spending on cultural and entertainment activities inside the kingdom from 2.9 per cent to 6 per cent.119 New state polices indicate a “YOU HAVE TO PLAY THEIR GAME. YOU HAVE TO ACT LIKE thawing in the countries’ intolerance THE WEAK WOMAN AND SAY, ‘THANK YOU FOR DOING for activities deemed to be un-Islamic, THIS FOR ME, IT’S A HUGE FAVOUR’. YOU HAVE TO PLAY resulting in lifted bans on live music performances and movie projects, THAT ROLE IN ORDER TO GET YOUR SHIT DONE.” and opening the first theatres and AUSTRALIAN-BASED SAUDI VISUAL ARTIST MS SAFFAA, THE GUARDIAN, 30 NOVEMBER 2016 cinemas after a 35-year ban.

It therefore seems that the window for women’s equal participation in cultural life has started opening. In April 2018, three women were appointed to a new board of directors

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 91 TURKEY WOMEN’S ARTISTIC FREEDOM IN COLLISION WITH STRICT ISLAMIC VALUES

a pattern of censorship, women National Assembly of Turkey. artists also suffer forms of gender- Local media reported the decision * VIOLATIONS OF ARTISTIC specific abuse, including physical, was made after an emergency FREEDOM IN TURKEY ARE verbal and sexual violence and other meeting held just one hour before GROUNDED IN INDECENCY, forms of persecutions. The pattern the gathering was supposed to RELIGION AND TRADITIONS of violence is not only instigated by start. Although Kahraman denied family members or representatives these allegations, professional * CONSERVATIVE GROUPS of different traditionalist groups, but artists associations and opposition DO NOT HESITATE TO in some cases even by conservative politicians condemned the decision. USE VIOLENCE AGAINST state officials and media houses. “This incident is not acceptable WOMEN WHO CHALLENGE when it comes to gender equality, TRADITIONAL CUSTOMS In May 2015, teenage Kurdish women’s rights or secularism,” * TURKISH PARLIAMENT singer Mutlu Kaya was shot in the said Fatma Köse, the head of IMPOSES RESTRICTIONS head while rehearsing at home the women’s branch of the main AGAINST ARTISTIC after participating in the Sesi Çok opposition, Republican People’s PERFORMANCES INVOLVING Güzel—a televised national talent Party, adding that the act was against 125 WOMEN show in Istanbul. Despite serious the constitution. Responding to injuries, the singer survived123 and this decision, on 2 April 2018 around became a symbol of violence against 100 female actresses held a protest women in Turkey. Mutlu Kaya hails on stage at the Kenter Theater in from the conservative southeastern Istanbul. Here, prominent actress Over decades, tradition and religion rural province of Diyarbakir, where Tilbe Saran argued “the ban on have been used to stifle women traditional values are strong and female actors that was applied in and their artistic freedom in Turkey. particularly enforced on women. the parliament, which is supposed Because of staunch conservative Prior to the attack, she had allegedly to represent the will of the people of patriarchal customs, women across been receiving multiple death threats Turkey, has been the gravest example different regions and different ethnic for her participation in the national of gender discrimination”.126 origins have been suppressed, talent show. But it was Mutlu regardless of their social status Kaya’s ex-boyfriend who carried Apart from presented cases in or educational background. Rights through with the threat on her which violations were grounded in guaranteed to women at the time of life; investigations revealed he felt traditions, the ambivalent concept the founding of the Turkish Republic threatened by her success. On 9 June of indecency applied for male and in 1923 are yet to be realised to a 2016, he was sentenced to 15 years female artists also undermines meaningful level. A patriarchal in jail.124 women’s freedom of expression in system has also contributed to Turkey. In January 2018, the music women abstaining from engaging In March 2018, the conservative video for the song Sifir Tolerans (Zero in the public sphere, including in Turkish Parliament speaker İsmail Tolerance) by Hadise, a Turkish the arts. Although the majority of Kahraman allegedly barred female representative at the Eurovision Song cases related to discrimination actresses from taking part in the Contest in 2009, was banned from against women artists over the last commemoration of the Gallipoli several TV stations for being “too couple of years in Turkey illustrate campaign organised at the Grand erotic”. Hadise found this reaction

92 FREEMUSE “WE STAND IN EVERY AREA OF LIFE AS WOMEN AND WILL CONTINUE TO DO SO. NO MEN, WHATEVER THEIR POLITICAL IDEAS, WILL BE ABLE TO DESTROY THIS FACT. OUR COURAGE ON THE STAGE COMES FROM AFIFE JALE (THE FIRST MUSLIM THEATRE ACTRESS IN TURKEY) AND FROM WOMEN’S 100-YEAR-LONG STRUGGLE… WE’LL ALWAYS UTTER OUR WORDS AND BE ON STAGE. TODAY, WE’LL READ OUT 100 LINES FROM 100 WRITERS.” ACTRESS TILBE SARAN, DURING THE PROTEST AT ISTANBUL’S KENTER THEATER, 2 APRIL 2018

disappointing and pointed out the provocatively have also emerged, undermine women’s artistic “double standards” between male which has exacerbated concerns freedoms. Until the crisis is over and and female stars. “To think: the love among women’s groups about a onslaughts on women’s rights stop, of a woman without boundaries is too possible deterioration of women’s women artists will possibly face an erotic, and yet male artists can show rights. These groups believe that increasing backlash against their work. a woman as some kind of mannequin authorities’ statements legitimising and not receive an ‘adult’ stamp!” prevailing conservative social ideas, Overcoming this situation she tweeted, adding it is hard to fight in a context in which violence against necessitates engagement of gender discrimination that has been women is already a major issue,129 both state and non-state actors. endured in a country for centuries.127 will only serve to strengthen existing Consistent implementation of patriarchal social and cultural international standards, which The position of women artists in norms. It is these norms, combined have been incorporated in Turkey’s Turkey is a direct reflection of the with the lack of implementation of legislation, needs to go hand-in-hand treatment of women and level of existing safeguards and impunity with changes of people’s mentality. respect for human rights in general. provided to perpetrators that affect Visual artist Ekin Onat believes The fears for rights of women women’s participation in the public Turkey needs quality education in have become pronounced recently artistic sphere negatively. the field of arts, including training under President Recep Tayyip for secular and modern teachers.131 Erdoğan’s regime, which has showed Photographer Eylül Aslan claims Only joint efforts invested by different suppression of all forms of dissent that, rather than actual laws stakeholders can result in an and a significant erosion of human preventing her from feeling free advanced position of women artists rights. He has made statements in her work, the problem lies in who are fighting against deeply indicating women are not equal to suppression from society. “There rooted Islamic values. men due to the role of women in are not many female artists to society: “You cannot free women by look up to or work with, while destroying the notion of family,” he women are required to initiate their said. “A woman is above all else projects through men, who usually a mother.”128 underestimate them,” Aslan told Freemuse.130 These patriarchal During Erdoğan’s time in power, customs and values, as well as a pattern of attacks on women the political crisis following the who have been deemed to dress attempted coup in 2016, seriously

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 93 RECOMMENDATIONS

Freemuse is addressing the following recommendations to governments, statutory bodies, the United Nations and its relevant bodies, and non-state actors (including religious groups and civil society organisations). Acknowledging the universality and indivisibility of human rights and the requirement of the state to address the full range of women’s human rights, these recommendations seek to address the particular needs of women artists. Freemuse hopes these recommendations will be discussed for implementation, particularly in a context in which violations against women artists—especially at the hands of non-state actors—are on the rise.

Decisions on restrictions should all dimensions of cultural life in A. To all states clearly indicate motives and be accordance with international subject to appeal before a court human rights standards. Legislative and policy of law. 5. The full array of states’ obligations measures to respect, protect and fulfil the 3. Freemuse supports the right of every person to freedom of 1. Women should be treated equally recommendation of the UN artistic expression and creativity under the law. States should Special Rapporteur in the field including women and women abolish and amend legislation, of cultural rights in 2013 to the artists should be taken as the core executive orders, and by-laws that Human Rights Council calling driver of all developments of law, prohibit and restrict women from upon all governments to critically policy and measures related to taking part in all dimensions of review their legislation and freedom of artistic expression and cultural life, including provisions practices imposing restrictions creativity. prohibiting women from playing on the right to freedom of artistic musical instruments and expression and creativity, taking 6. Freemuse recalls the performing different art forms. into consideration relevant recommendations of the UN international human rights law Special Rapporteur in the 2. Women and women artists and all provisions and in cooperation with field of cultural rights that the those engaged in artistic activities representatives of independent government, law enforcement should only be subject to general associations of artists and human officers and administration of laws that apply to all people. rights organisations. Special justice, including judges, should These laws should be formulated attention to women and women take into consideration the nature with sufficient precision and in artists should be considered in of artistic creativity, as well as the accordance with international this exercise. right of artists to dissent, to use human rights standards. They political, religious and economic should be made easily accessible 4. States should adopt legislation symbols as a counter-discourse to to the public and implemented and regulations to strengthen dominant powers, and to express with transparency, consistency and the protection and promotion of their own belief and world vision. in a non-discriminatory manner. women’s right to participate in The use of the imaginary and

94 FREEMUSE fiction must be understood and women’s rights to artistic freedom Protection from non-state respected as a crucial element and creativity: actors of the freedom indispensable for * Develop measures and creative activities. programmes of action to defend 9. States should abide by their 7. Governments should abolish and protect those women artists obligation to protect women artists censorship boards and their prior who choose to defend human and all persons participating in censorship mandate. Freemuse rights. artistic activities or dissemination supports the call of the UN * Develop programmes to of artistic expression and creation Special Rapporteur in the field of increase dialogue, tolerance from violence by third parties cultural rights that states should and appreciation of gender, and non-state actors. States abolish prior-censorship bodies or ethnic, religious and cultural should ensure women artists systems where they exist and use diversity. These programmes and all taking part in artistic subsequent imposition of liability should be carried out in freedom have access to effective only when necessary under article connection with clear policy administration of justice, including 19 (3) and 20 of the International measures to mitigate any fear prompt and thorough investigation Covenant on Civil and Political associated with speaking openly and prosecution of alleged acts Rights. Such liability should be and promote free and open of violence against women and imposed exclusively by a court environments where women violations of artistic freedom in of law. Prior censorship should artists can express their views in accordance with international be a highly exceptional measure, all art forms. standards. undertaken only to prevent * Provide funds and support the imminent threat of grave measures to enable all women 10. Take steps to ensure that irreparable harm to human life or to take part in cultural life, directories of governmental property. Avenues for the appeal including arts education, and non-governmental services before an independent entity of training, system support and available to women who have any decision to exercise prior professional development been subjected to violence are restraint should be guaranteed. with a view to address under- developed and information representation of women in the distributed to police stations and 8. Governments at all levels are arts and culture industry. courts, as well as to hospitals and under legal obligation—through * Develop programmes to create other health care facilities. UN treaties and national awareness and put in place constitutions—to understand how effective measures to prevent 11. Governments should ensure that women’s rights and freedom of women artists from any form of religious bodies—traditional artistic expression are impeded sexual harassment. and informal authorities—do legally and socially. After * Develop programmes of not restrict women’s right to understanding this, states should action in connection with the freedom of artistic expression, and develop programmes of actions enforcement of the provisions encourage tolerance to women’s to fulfil its responsibility, taking outlined in the UN Sustainable expression and respect women’s into consideration their national Development Goal 5. right to freedom of artistic political, traditional and religious expression and creativity. contexts with a view to fully realise

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 95 12. Governments should smartly its Optional Protocol, without different levels, focusing on regulate and put in place reservations. offering concrete and actionable accountability mechanisms to * Ratify and fully implement solutions to women’s engagement, govern syndicates and professional the International Covenant on access and equality in the arts. artist organisations so that they Economic, Social and Cultural neither restrict women’s artistic Rights and its Optional Protocol, 3. Submit their findings to freedom nor punish women artists without reservations. relevant national, regional and arbitrarily. Governments should * Ratify and fully implement the international bodies. ensure that these organisations 2005 UNESCO Convention on are strongly encouraged to adopt the Protection and Promotion 4. Support artists at risk in a non- human rights principles to guide of the Diversity of Cultural discriminatory manner under their internal policies on how they humanitarian principles regarding Expressions. govern artist members. Check and temporary or permanent * States should fully balance mechanisms should be relocation to a different country implement the 1980 UNESCO put in place so that women artists through residency. Recommendation Concerning can submit complaints and receive the Status of the Artist. reparations in a fair, impartial and effective manner based on principles of equality and no discrimination. C. To the UN B. To national and regional Ratification and human rights organisations implementation of institutions international instruments 1. Assist governments to enact and and non- amend legislations so that they are 13. States should ratify and implement governmental in accordance with international the following international human human rights standards; and rights instruments so that they organisations assist governments to develop can strengthen their promotion action plans to actively promote and protection of women rights to 1. Allocate resources to effectively and protect women’s freedom artistic expression and creativity: monitor and document more of artistic expression and to set * Ratify and fully implement systematically violations of up mechanisms to monitor their the UN Convention on the the right to freedom of artistic implementation. Elimination of all Forms of expression and creativity, taking Discrimination against Women into consideration discrimination 2. UN and regional inter- and its Optional Protocol, and bias against women and governmental agencies should without reservations. women artists. make available interactive * Ratify and fully implement and user-friendly complaint the International Covenant on 2. Actively engage in policy dialogues mechanisms for women artists Civil and Political Rights and with national governments at and all who take part in cultural

96 FREEMUSE and creative activities through public awareness campaigns 8. UN and regional inter- the UN Special Rapporteurs to challenge negative attitudes governmental agencies should on cultural rights and violence towards women taking part in provide analysis and best practices against women. Such mechanisms artistic and creative activities. of social transformation from should be time-sensitive in traditional, religious and societal cases of urgency. They should 6. UN and regional inter- practices that discriminate and meaningfully lead and provide governmental agencies should bias against girls and women to access to security and justice to assist governments to help them ones that respect equality and women and women artists at risk develop curricula for primary non-discrimination and encourage and be created in a simple and and secondary school children girls and women to take part in all accessible way. that promote gender equality, dimensions of cultural life. Best freedom of expression and non- practices in using alternative 3. UN and regional inter- discrimination practices, and to measures to censorship and governmental agencies should train teachers to ensure non- other violations of artistic actively document women’s rights discriminatory approaches to freedom should also be identified and how their access to artistic education. and shared among relevant freedom and creativity is curtailed. governments. This could be done in partnership 7. UN and regional inter- with civil society organisations governmental agencies should in the field. This monitoring make available systematic should help provide activists with platforms for civil society research about how women artists’ to meaningfully participate, rights are undermined in order to contribute and engage in policy identify patterns of violations. This dialogue. evidence should be used to identify concrete interventions that can bring about changes to the lives of women and women artists. “WHEN A MAN DOES IT (PORTRAYS RAWNESS IN ART) 4. UN and regional inter- I THINK IT’S CONSIDERED OK AND COOL BECAUSE governmental agencies should HE’S A MAN, BECAUSE MEN CAN BE SEEN AS BEING develop programmes to support STRONG AND ROUGH, BUT WHEN A WOMAN DOES IT, A artists at risk including residency programmes, paying specific WOMAN’S NOT SUPPOSED TO BE SEEN AS THAT, SHE IS attention to women and women SUPPOSED TO BE SEEN AS BEAUTIFUL AND KIND AND artists that require temporary or CARING AND GENTLE AND SOFT, AND SO SHOULD HER permanent relocation to another WORK. SO I THINK IT DOES UPSET PEOPLE WHEN THE country. WORK COMES OUT THE OPPOSITE, BECAUSE THEY’RE

5. UN and regional inter- NOT DOING WHAT THEY’RE SUPPOSED TO DO.” governmental agencies should SOUTH AFRICAN ARTIST ALKA DASS, FREEMUSE INTERVIEW, 3 AUGUST 2018 support governments to develop

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 97 20. ICCPR, Article 20 permits the limitations of freedom of expression ENDNOTES: on the grounds of propaganda for war, and any advocacy of national, racial or religious hatred that constitutes incitement to CHAPTER 2 discrimination, hostility or violence 21. UN Human Rights Council, ‘Report of the Special Rapporteur on 1. United Nations, Human Rights Council, ‘Report of the Special the promotion and protection of the right to freedom of opinion and Rapporteur in the field of cultural rights, Farida Shaheed’, 10 August expression, Frank La Rue’, 10 August 2011, Report A/66/290, para. 18 2012, A/67/287, para. 3 22. Ibid, paras. 20-22 2. Ibid, para. 65 23. Ibid, paras. 23-25 3. General Assembly of the United Nations, ‘Universal Declaration of Human Rights’, 10 December 1948, Article 27 24. Ibid, paras. 26-31

4. Article 2 of the UDHR, Article 2.2 of the ICESCR, Article 26 of ICCPR 25. Ibid, paras. 32-36

5. The term sex refers to biological differences between men and 26. UN Committee on Economic, Social and Cultural Rights (CESCR), women. The term gender refers to socially constructed identities, ‘General Comment No. 21, Right of everyone to take part in cultural attributes and roles for women and men and society’s social and life’, 21 December 2009, E/C.12/GC/21, para. 19 cultural meaning for biological differences resulting in hierarchical relationships between women and men and in the distribution of 27. UN Human Rights Committee (HRC), ‘General comment No. 34, power and rights favouring men and disadvantaging women. See: Article 19: Freedoms of opinion and expression’, 12 September 2011, Committee on the Elimination of Discrimination against Women, CCPR/C/ GC/34, para. 22 ‘General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention on the Elimination of All Forms of 28. Ibid, para. 24 Discrimination against Women’, 16 December 2010, CEDAW/C/GC/28, para. 5 29. ‘International Human Rights and Cultural Relativism’, Fernando R. Tesón, Florida State University College of Law, 1985, p. 870 6. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), A/RES/34/180, Article 3 30. CEDAW, ‘Declarations, reservations, objections and notifications of withdrawal of reservations relating to the Convention on the 7. Ibid, Article 13(c) Elimination of All Forms of Discrimination against Women’, 10 April 2006, CEDAW/SP/2006/2, p. 10 8. UN Human Rights Council, ‘Elimination of discrimination against women’, 8 October 2010, A/HRC/RES/15/23, Article 18(a) 31. Ibid, p. 25 32. Ibid, p. 26 9. UN Women, ‘Beijing Declaration and Platform for Action’, 15 September 1995, Article 9

10. UN Women, ‘The Beijing Declaration and Platform for Action Turns 20’, March 2015, p. 36 CHAPTER 3 11. ‘Targets & Indicators – Sustainable Development Goal 5’, United 1. ‘Human Rights Principles’, United Nations Populations Fund, 2005, Nations, https://sustainabledevelopment.un.org/sdg5 https://www.unfpa.org/resources/human-rights-principles 12. Issues of gender-based discrimination and/or protection of freedom 2. United Nations, General Assembly, ‘Report of the Special Rapporteur of expression have been recognized by the European Convention for in the field of cultural rights, Karima Bennoune’, 25 July 2018, the Protection of Human Rights and Fundamental Freedoms (Articles A/73/227, para. 13 10 and 14), American Convention on Human Rights (Article 1), African Charter on Human and Peoples’ Rights (Articles 2 and 9), Arab 3. Covenant on the Elimination of All Forms of Discrimination Against Charter for Human Rights (Article 42), and Declaration of Principles Women (CEDAW), A/RES/34/180, Article 1 on Freedom of Expression in Africa (Article 1) 4. Ibid. Article 2 (f) 13. United Nations Educational, Scientific and Cultural Organization (UNESCO), ‘Recommendation concerning the Status of the Artist’, 27 5. Ibid. Article 5 (a) October 1980, sec. 3, para. 8 6. The term ‘sex’ refers to biological differences between men and 14. UNESCO, ‘2005 Convention Global Report, Re-Shaping Cultural Policies’, women. The term ‘gender’ refers to socially constructed identities, 2015, p. 178 attributes and roles for women and men and society’s social and cultural meaning for these biological differences resulting in 15. UN Human Rights Council, ‘Independent expert in the field of cultural hierarchical relationships between women and men and in the rights’, 26 March 2009, Resolution 10/23, Article 9(e) and UN Human distribution of power and rights favouring men and disadvantaging Rights Council, ‘Mandate of Special Rapporteur in the field of cultural women. See CEDAW/C/GC/28, para. 5 rights’, 22 March 2012, Resolution 19/6, Article 8(e) 7. CEDAW, ‘General recommendation No. 28 on the core obligations of 16. UN Human Rights Council, ‘Report of the Special Rapporteur in the States parties under article 2 of the Convention on the Elimination field of cultural rights, Farida Shaheed’, 10 August 2012, A/67/287, of All Forms of Discrimination against Women’, 16 December 2010, para. 24 CEDAW/C/GC/28, para. 5

17. UN Human Rights Council, ‘Report of the Special Rapporteur in the 8. UN General Assembly, ‘Report of the Special Rapporteur in the field field of cultural rights, Farida Shaheed’, 14 March 2013, A/HRC/23/34, of cultural rights, Farida Shaheed’, 10 August 2012, A/67/287, p. 2 para. 43 9. Ibid. para. 33 18. UN Human Rights Council, ‘Report of the Special Rapporteur in the field of cultural rights, Karima Bennoune’, 17 July 2017, A/72/155, 10. ‘Ritual dance of the royal drum’, UNESCO, https://ich.unesco.org/en/ para. 25 RL/ritual-dance-of-the-royal-drum-00989

19. Amnesty International, ‘It’s in our hands – stop violence against 11. ‘Burundi bans women from playing traditional drums’, The Guardian, women’, 5 March 2004, p. 74 https://www.amnesty.ie/wp-content/ 2 November 2017, https://guardian.ng/news/burundi-bans-women- uploads/2016/05/Its-in-our-Hands.pdf from-playing-traditional-drums/

98 FREEMUSE 12. ‘Que la sacralité de notre tambour soit respectée’, Iwacu, 24 April 35. ‘They told the women in Bahia they couldn’t drum. Try telling that 2016, http://www.iwacu-burundi.org/que-la-sacralite-de-notre- to Banda Didá’, The New York Times, 30 January 2018, https://www. tambour-soit-respectee/ nytimes.com/2018/01/30/travel/brazil-all-female-drums-bahia- banda-dida.html 13. ‘Antime Baranshakaje: Une femme qui bat de l’Ingoma, c’est de la masturbation’, Jimbere, 11 April 2017, http://www.jimbere.org/ 36. Ibid. les-dernieres-confidences-antime-baransakaje-une-femme-qui-bat- ingoma-cest-de-la-masturbation/ 37. UN Human Rights Committee (HRC), ‘General comment No. 34, Article 19: Freedoms of opinion and expression’, 12 September 14. Burundi Presidential Decree No 100/0196 of 20 October 2017, Chapter 2011, CCPR/C/ GC/34, para. 48. See also UN Human Rights Council, 1, Section 1, Article 3 https://www.presidence.gov.bi/2017/10/25/ ‘Report of the Special Rapporteur in the field of cultural rights, Farida decret-n100-0196-du-20-octobre-2017-portant-reglementation-de- Shaheed’, 14 March 2013, A/HRC/23/34, para. 48 lexploitation-du-tambour-aux-niveaux-national-et-international/ 38. International Covenant on Civil and Political Rights (ICCPR), Article 15. Ibid. 20 (2)

16. ‘Burundi bans women from playing traditional drums’, The East 39. UN Human Rights Council, ‘Report of the Special Rapporteur on African, 2 November 2017, http://www.theeastafrican.co.ke/news/ freedom of religion and belief, Ahmed Shaheed’, 28 February 2018, A/ ea/Burundi-bans-women-playing-traditional-drums--/4552908- HRC/37/49, para. 42 4166736-yft4rl/index.html 40. Ibid. 17. ‘A la découverte du tambour burundais, un instrument interdit aux femmes’, BBC, 29 December 2017, http://www.bbc.com/afrique/ 41. UN Human Rights Council, ‘Report of the Special Rapporteur on region-42514293 violence against women, its causes and consequences, Yakin Ertürk’, 17 January 2007, A/HRC/4/34, para. 20 18. ‘Sounds of power: an overview of musical instruments and gender’, Veronica Doubleday, published in Ethnomusicology Forum, Vol. 17, No. 42. UN General Assembly, ‘Report of the Special Rapporteur in the field 1, June 2008, p. 10. of cultural rights, Farida Shaheed’, 10 August 2012, A/67/287, para. 17

19. ‘These Badass Women Are Changing What We Think of When We 43. Ibid. para. 16 Think of Drummers’, Mic Network Inc., 24 July 2015, https://mic.com/ articles/122819/these-badass-women-are-changing-what-we-think- 44. UN Human Rights Council, ‘Report of the Special Rapporteur in the of-when-we-think-of-drummers#.1gRwSnFm0https://mic.com/ field of cultural rights, Karima Bennoune’, 17 July 2017, A/72/155, articles/122819/these-badass-women-are-changing-what-we-think- para. 8 of-when-we-think-of-drummers#.1gRwSnFm0 45. Ibid. p. 4 20. ‘Sounds of power: an overview of musical instruments and gender’, 46. ‘Pamphlet against Nahid Afrin: Will sing till my last breath, says Veronica Doubleday, published in Ethnomusicology Forum, Vol. 17, No. Indian Idol Junior runner up’, Firstpost, 16 March 2017, https:// 1, June 2008, p. 17. www.firstpost.com/india/fatwa-against-nahid-afrin-not-afraid-will- sing-till-my-last-breath-says-16-yr-old-indian-idol-junior-runner- 21. Freemuse is researching on trends, relationship and impact of up-3335440.html fundamentalism and artistic freedom in a separate publication. 47. ‘Not scared, support has made me stronger: Nahid Afrin’, Indian 22. Violations and discriminatory practices at work and by IT and social Express, 17 March 2017, https://indianexpress.com/article/india/ media companies will be discussed in separate publications. nahid-afrin-not-scared-support-has-made-me-stronger-4572530/

23. ‘The xylophonist and the poetry of the xylophone’, J. P. Kuutiero, 48. ‘Not afraid of fatwa, says Nahid Afrin’, The Times of India, 16 March Journal of Science and Technology Vol. 26(1) 2006, p. 107, https:// 2017, https://timesofindia.indiatimes.com/tv/news/hindi/Not-afraid- www.ajol.info/index.php/just/article/view/32968/24030 of-fatwa-says-Nahid-Afrin/articleshow/57656593.cms

24. Ibid. p. 115 49. ‘Not afraid of fatwa , will sing till last breath, says Nahid Afrin’, The Hindu, 15 March 2017, https://www.thehindu.com/news/national/ 25. ‘Women breaking musical barriers’, Smithsonian Folkways, https:// other-states/not-afraid-of-fatwa-will-sing-till-last-breath-says- folkways.si.edu/women-breaking-barriers-she-isnt-supposed-play- nahid-afrin/article17465902.ece that/struggle-and-protest/music/article/smithsonian 50. ‘Radical Islamists troll, threaten, abuse Muslim women for singing 26. ‘Xylophone music from Ghana’, Trevor Wiggins & Joseph Kobom, Hindu devotional song’, India Today, 8 March 2017, https://www. White Cliffs Media Company, 1992, Chapter One p. 2-3 https:// indiatoday.in/fyi/story/suhana-syed-muslim-woman-abuse-threaten- pearl.plymouth.ac.uk/bitstream/handle/10026.1/2802/TREVOR%20 hindu-devotional-song-964585-2017-03-08 WIGGINS%2001.PDF?sequence=1 51. ‘Somalia: Concert cancelled for “objectionable” shows in Europe’, 27. Ibid. Freemuse, 19 September 2016, https://freemuse.org/news/somalia- concert-cancelled-for-objectionable-shows-in-europe/ 28. Ibid. 52. Ibid. 29. CEDAW, A/RES/34/180, Article 5(a) 53. Constitution of the Republic of Somaliland, Article 16(4), 30 April 30. ‘Didgeridoos a don’t for girls: expert’, ABC News, 3 September 2008, 2000, http://www.somalilandlaw.com/somaliland_constitution. http://www.abc.net.au/news/2008-09-03/didgeridoos-a-dont-for- htm#_edn15 girls-expert/498040 54. UN Human Rights Council, ‘Report of the Special Rapporteur in the 31. During a popular chat show in Germany, Nicole Kidman played the field of cultural rights, Farida Shaheed’, 14 March 2013, A/HRC/23/34, didgeridoo while promoting her film Australia. Her performance para. 6. enraged Aboriginal leaders and came under heavy criticism for “not knowing better”, for more see: ‘Nicole Kidman upsets Aboriginal 55. ‘Prisoners of Belief – Individuals jailed under blasphemy laws’, U.S. people by playing didgeridoo’, The Telegraph, 16 December 2008, Commission on International Religious Freedom, Policy brief, March https://www.telegraph.co.uk/news/celebritynews/3779222/Nicole- 2014, http://www.uscirf.gov/sites/default/files/Prisoners%20of%20 Kidman-upsets-Aboriginal-people-by-playing-didgeridoo.html Belief%20Policy%20Brief%203-11-2014%20FINAL.pdf

32. UN General Assembly, ‘Report of the Special Rapporteur in the field 56. Ibid. of cultural rights, Farida Shaheed’, 10 August 2012, A/67/287, para. 38 57. ‘Respecting rights? Measuring the world’s blasphemy laws’, 33. Ibid. para. 79 (e) Joelle Fiss and Jocelyn Getgen Kestenbaum, U.S. Commission on International Religious Freedom, July 2017, p. 3 http://www.uscirf. 34. Ibid. para. 79 (h) gov/sites/default/files/Blasphemy%20Laws%20Report.pdf

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 99 58. Ibid. p. 25 82. ‘India: Play banned for topless scene’, Freemuse, 17 February 2016, https://freemuse.org/news/india-play-banned-for-topless-scene/ 59. ‘Акция “Pussy Riot” была спланирована заранее и преследовала цель унизить чувства христиан, заявляет прокурор (дополненная 83. ‘Levin library bans nipple photo from exhibition’, NZ Herald, 27 версия)’, Interfax, 30 July 2012, http://www.interfax-religion. October 2017, http://www.nzherald.co.nz/nz/news/article.cfm?c_ ru/?act=news&div=46698 id=1&objectid=11937070

60. ‘Russia: Legal win for Pussy Riot’, Freemuse, 20 July 2018, https:// 84. ‘Denmark: Ban reversed on nude photo exhibit’, Freemuse, 29 January freemuse.org/news/russia-legal-win-for-pussy-riot-freemuse/ 2016, https://freemuse.org/news/denmark-ban-reversed-on-nude- photo-exhibit/ 61. UN General Assembly, ‘Report of the Special Rapporteur in the field of cultural rights, Karima Bennoune’, 17 July 2017, A/72/155, para. 73 85. ‘This Artist Is Fighting Censorship to Promote Body Acceptance’, Brit, 5 April 2018, https://www.brit.co/this-artist-is-fighting-censorship- 62. ‘Who are Islamic ’morality police’?’, BBC, 22 April 2016, https://www. to-promote-body-acceptance/ bbc.com/news/world-middle-east-36101150 86. Ibid. 63. Ibid. 87. ‘Artspace Censors Nudes in Exhibition About Body Positivity’, NCAC, 64. Ibid. 22 February 2018, https://ncac.org/news/blog/artspace-censors- nudes-in-exhibition-about-body-positivity 65. Ibid. 88. ‘Tamil film actress says she received threatening calls’, The 66. ‘Haifaa al-Mansour: I wanted to have a voice’, The Telegraph, Times of India, 18 May 2018, https://timesofindia.indiatimes.com/ 19 July 2013, https://www.telegraph.co.uk/culture/film/ entertainment/tamil/movies/news/tamil-film-actress-says-she- starsandstories/10183258/Haifaa-al-Mansour-I-wanted-to-have-a- received-threatening-calls/articleshow/64207749.cms voice.html 89. Ibid. 67. Ibid. 90. ‘India: Art exhibition vandalised, artist attacked’, Freemuse, 22 68. Ibid. December 2016, https://freemuse.org/news/india-art-exhibition- vandalised-artist-attacked/ 69. ‘Anger in Italy after authorities cover up nude Roman statues of goddesses so as not to offend Iranian president’, The Telegraph, 91. ‘Right-wing activists protest Jaipur Art Summit, attacking artist 26 January, 2016, https://www.telegraph.co.uk/news/worldnews/ Radha Binod Sharma’, Artforum, 12 December 2016, https://www. europe/italy/12122665/Anger-in-Italy-after-authorities-cover-up- artforum.com/news/right-wing-activists-protest-jaipur-art-summit- nude-Roman-statues-of-goddesses-so-as-not-to-offend-Iranian- attacking-artist-radha-binod-sharma-65255 president.html 92. ‘L’église de Saint-Pierre-en-Vaux censure les oeuvres de Francky 70. Ibid. Criquet’, Franceinfo, 10 July 2017, https://culturebox.francetvinfo.fr/ arts/peinture/l-eglise-de-saint-pierre-en-vaux-censure-les-oeuvres- 71. ‘No hard feelings: Clergy visit prompts Russian fine arts school to de-francky-criquet-259209 hide statues’ naughty parts’, RT, 26 August 2018, https://www.rt.com/ news/436830-russian-nude-statues-church/ 93. ‘Singapore: Two performances cut from festival due to “excessive nudity”’, Freemuse, 8 December 2016, https://freemuse.org/news/ 72. ‘Necessary & Proportionate’, Electronic Frontier Foundation and Article singapore-two-performances-cut-from-festival-due-to-excessive- 19, May 2014, p.15 https://www.ohchr.org/Documents/Issues/Privacy/ nudity/ ElectronicFrontierFoundation.pdf 94. ‘Zambia deports racey South African dancer Zodwa Wabantu’, Reuters, 73. United Nations Human Rights Committee, ‘CCPR General Comment 10 March 2018, https://af.reuters.com/article/commoditiesNews/ No. 27’, Article 12, para. 13 idAFL5N1QR1I4?feedType=RSS&feedName=zambiaNews

74. International Covenant on Civil and Political Rights (ICCPR), Article 95. Ibid. 19 (3) 96. ‘Zodwa Wabantu Denied Entry Into Zambia, Deported Back To 75. Ibid. Article 19 (3) - a + b Mzansi’, Huffington Post, 10 March 2018, https://www.huffingtonpost. co.za/2018/03/10/zodwa-wabantu-denied-entry-into-zambia- 76. UN Human Rights Committee, ‘CCPR General Comment No. 27’, deported-back-to-mzansi_a_23382118/ Article 12, para. 13 97. ‘Zambia bans controversial South African dancer’, The East African, 77. For instance: 25 August 2015, http://epaperbeta.timesofindia. 2 March 2018, http://www.theeastafrican.co.ke/magazine/Zambia- com/Article.aspx?eid=31811&articlexml=Film-denied-certificate- bans-controversial-South-African-dancer/434746-4326504-yqi3i5z/ for-depicting-nudity-25082015004061; 12 February 2016, https:// index.html www.nytimes.com/2016/02/13/world/middleeast/loubna-abidar- much-loved.html; 16 November 2017, https://tribune.com.pk/ 98. ‘Iran Bans Zumba, and Its Fans Fume’, The New York Times, 17 June story/1559947/4-verna-release-internationally-shutting-haters/ 2017, https://www.nytimes.com/2017/06/17/world/middleeast/iran- zumba-haram.html 78. For instance: 19 October 2016, https://www.theguardian.com/ world/2016/oct/19/rahama-sadau-ban-nigeria-religious-divides-rap- 99. ‘Iran: Ten films banned from international film festival’, Freemuse, video-i-love-you-classiq 14 March 2017, https://freemuse.org/news/iran-ten-films-banned- international-film-festival/ 79. For instance: 2 January 2017, http://www.tcdailyplanet.net/ community-voices-on-art-and-censorship-junauda-petrus-open- 100. `Le Comité de défense des valeurs morales retire sa plainte contre letter-to-the-city-of-minneapolis/; 10 July 2017, https://culturebox. Déesse Major`, Xibar.net, 20 June 2016, https://www.xibar.net/Le- francetvinfo.fr/arts/peinture/l-eglise-de-saint-pierre-en-vaux- Comite-de-defense-des-valeurs-morales-retire-sa-plainte-contre- censure-les-oeuvres-de-francky-criquet-259209 Deesse-Major_a68087.html

80. ‘Tanzania: Artist banned from performing due to “immoral” video’, 101. ‘Senegal: Singer arrested and detained for indecency’, Freemuse, 22 Freemuse, 19 May 2016, https://freemuse.org/news/tanzania-artist- June 2016, https://freemuse.org/news/senegal-singer-arrested-and- banned-from-performing-due-to-immoral-also-banned-video/ detained-for-indecency/

81. ‘Cayman Brac artist arrested for ‘obscene’ sculptures and artwork’, 102. `Dakar: Arrêtée pour atteinte à la pudeur, Déesse Major pourrait être Cayman Compass, 18 July 2017, https://www.caymancompass. libérée`, Guineetime.com, 20 June 2016, https://www.guineetime. com/2017/07/18/brac-artist-arrested-for-obscene-sculptures-and- com/dakar-arretee-pour-atteinte-a-la-pudeur-deesse-major- artwork/ pourrait-etre-liberee/

100 FREEMUSE 103. Catherine M. Appert, `In Hip Hop Time`, Oxford University Press, 21 124. Dina El-Gharib interview with Freemuse, 6 November 2018 Dec 2018, p. 147 125. Yasmine El Baramawy interview with Freemuse, 6 November 2018 104. ‘Japan: Artist appeals obscenity ruling over ‘vagina art’’, Freemuse, 10 July 2017, https://freemuse.org/news/japan-artist-appeals- obscenity-ruling-vagina-art/ 105. Ibid. CHAPTER 4 106. ‘Meet Rokudenashiko, the Artist Arrested for Making a Boat Out of 1. General Assembly, ‘Declaration on the Right and Responsibility of Her Vagina’, Glamour, 19 June 2017, https://www.glamour.com/story/ Individuals, Groups and Organs of Society to Promote and Protect rokudenashiko-japanese-artist-arrested-for-vagina-art Universally Recognized Human Rights and Fundamental Freedoms’, 8 March 1999, A/RES/53/144: Annex, para 4. 107. ‘Japan’s Annual Penis Festival Is As Phallic As You’d Expect’, Huffington Post, 4 July 2014, https://www.huffingtonpost. 2. ‘Cartoonist Atena Farghadani, sentenced for satirizing government as com/2014/04/07/japan-penis-festival-kanamara-matsuri_n_5106378. animals, is freed in Iran’, Washington Post, 4 May 2016, https://www. html washingtonpost.com/news/comic-riffs/wp/2016/05/04/cartoonist- 108. ‘Sudanese singer arrested for “indecent dress”’, Dabanga News, 22 atena-farghadani-sentenced-for-satirizing-government-as-animals- October 2018, https://www.dabangasudan.org/en/all-news/article/ is-freed-in-iran/?utm_term=.f075d00c2712 sudanese-singer-arrested-for-indecent-dress 3. ‘Atena Farghadani released early after being imprisoned for her 109. CEDAW, A/RES/34/180, Article 5 (a) art in Iran’, Amnesty International, 12 January 2018, https://www. amnesty.org.uk/iran-atena-farghadani-released-free-imprisoned- 110. ‘Jennifer Lopez concert: Moroccan PM demands investigation into art-political-cartoons ‘provocative’ performance’, Independent, 8 June 2015, https:// www.independent.co.uk/arts-entertainment/music/news/jennifer- 4. ‘Podcast: Atena Farghadani, imprisoned for her art in Iran - voiced lopez-moroccan-pm-demands-investigation-into-provocative- by Nazanin Boniadi’, Amnesty International, 12 January 2018, https:// performance-10304831.html www.amnesty.org.uk/podcast-in-their-own-words-atena-farghadani- imprisoned-art-iran-nazanin-boniadi 111. ‘Morocco won’t sanction TV over ‘scantily dressed’ J-Lo’, Al Arabiya, 7 July 2015, http://english.alarabiya.net/en/media/television-and- 5. ‘Atena Farghadani: Iranian cartoonist opens up about her captivity’, radio/2015/07/07/Morocco-won-t-sanction-TV-over-scantily-dressed- Independent, 18 July 2016, https://www.independent.co.uk/arts- J-Lo-.html entertainment/art/features/atena-farghadani-iranian-cartoonist- opens-up-about-her-captivity-and-new-freedom-a7142501.html 112. ‘Bizarre moment Iranian TV draws clothes on Charlize Theron to stop viewers being offended’, Express, 1 March 2017, https://www.express. 6. ‘China Tells Women to ‘Go Home and Live Well’, Human Rights Watch, co.uk/news/world/773380/Bizarre-moment-Iranian-TV-draws- 28 August 2017, https://www.hrw.org/news/2017/08/28/china-tells- clothes-Charlize-Theron-Oscars women-go-home-and-live-well 113. ‘Film denied certificate for depicting nudity’, Times of India, 7. ‘China’s Victims of Sexual Harassment Denied Justice’, Human Rights 25 August 2015, http://epaperbeta.timesofindia.com/Article. Watch, 31 July 2018, https://www.hrw.org/news/2018/07/31/chinas- aspx?eid=31811&articlexml=Film-denied-certificate-for-depicting- victims-sexual-harassment-denied-justice nudity-25082015004061

114. ‘Verna to release internationally but not in Punjab’, The Express 8. ‘China Releases 5 Women’s Rights Activists Detained for Weeks’, Tribune, 16 November 2017, https://tribune.com.pk/story/1559947/4- New York Times, 13 April 2015, https://www.nytimes.com/2015/04/14/ verna-release-internationally-shutting-haters/ world/asia/china-releases-3-of-5-detained-womens-rights-activists. html 115. ‘Kyaa Kool Hain Hum 3 banned in Pakistan’, Hindustan Times, 26 January 2016, https://www.hindustantimes.com/bollywood/kyaa-kool- 9. ‘One of China’s ‘feminist five’ gender equality activists banned hain-hum-3-banned-in-pakistan/story-dAs0yy2iH2Vfm1f5ohny1I.html from leaving country for decade’, South China Morning Post, 13 September 2017, https://www.scmp.com/news/hong-kong/politics/ 116. ‘Veere Di Wedding banned in Pakistan due to vulgar content’, article/2110847/one-chinas-feminist-five-gender-equality-activists- The Express Tribune, 30 May 2018, https://tribune.com.pk/ banned story/1722762/4-veere-di-wedding-banned-pakistan-due-vulgar- content/ 10. ‘Beijing shuts down art exhibition on violence against women’, The Guardian, 26 November 2015, https://www.theguardian.com/ 117. ‘CBFC doesn’t approve Lipstick Under My Burkha, Alankrita world/2015/nov/26/beijing-shuts-down-art-exhibition-on-violence- reacts’, The Quint, 23 February 2017, https://www.thequint.com/ against-women entertainment/bollywood/cbfc-wont-certify-the-film-lipstick-under- my-burkha-director-alankrita-shrivastava-reacts 11. ‘Chinese Authorities Shut Down Feminist Exhibition in Beijing’, Artnet News, 27 November 2015, https://news.artnet.com/market/feminist- 118. ‘Indian film board clears Lipstick Under My Burkha for release’, The exhibition-closed-beijing-373022 Guardian, 26 April 2017, https://www.theguardian.com/film/2017/ apr/26/indian-film-board-clears-lipstick-under-my-burkha-release 12. ‘Radhika Apte and Usha Jadhav speak out against sexual harassment in Bollywood’, Indian Express, 26 April 2018, https://indianexpress. 119. UN General Assembly, ‘Report of the Special Rapporteur in the field com/article/entertainment/bollywood/radhika-apte-usha-jadhav- of cultural rights, Farida Shaheed’, 10 August 2012, A/67/287, p. 2 sexual-harassment-5152397/ 120. Alankrita Shrivastava interview with Freemuse, 6 September 2018. 13. ‘Action will be taken against those who work with Sri Reddy, says MAA president’, Hindustan Times, 10 April 2018, https:// 121. ‘Outrage over actor Rahama Sadau’s hug highlights Nigeria’s divisions’, The Guardian, 19 October 2016, https://www.theguardian. www.hindustantimes.com/regional-movies/will-ask-our- com/world/2016/oct/19/rahama-sadau-ban-nigeria-religious- artistes-not-work-with-sri-reddy-says-maa-president/story- divides-rap-video-i-love-you-classiq AvIzn1ljr2MQPORNeB19HO.html

122. ‘Gov. Ganduje lifts ban on Kano popular actress Rahama Sadau’, 14. ‘#MeToo: Why sexual harassment is a reality in Bollywood’, BBC, 28 Premium Times, 15 January 2018, https://www.premiumtimesng. April 2018, https://www.bbc.com/news/world-asia-india-43881129 com/entertainment/kannywood/255628-gov-ganduje-lifts-ban-kano- popular-actress-rahama-sadau.html 15. ‘Tollywood artistes’ body lifts ban on Sri Reddy, vows to set up committee against sexual harassment’, Mumbai Mirror, 12 April 2018, 123. ‘Tunisia: Singer banned from working due to suggestive video’, https://mumbaimirror.indiatimes.com/news/india/tollywood-artistes- Freemuse, 6 April 2016, https://freemuse.org/news/tunisia-singer- body-lifts-ban-on-sri-reddy-vows-to-set-up-committee-against- banned-from-working-due-to-suggestive-video/ sexual-harassment/articleshow/63735721.cms

CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 101 16. ‘In a dramatic U-turn, MAA revokes ban on Sri Reddy; Actress says 5. ‘Afghan artist in hiding after ‘iron underwear’ stunt’, BBC, 12 March fight far from over’, Times of India, 14 April 2018, https://timesofindia. 2015, https://www.bbc.com/news/world-asia-31851830 indiatimes.com/entertainment/telugu/movies/news/in-a-dramatic- u-turn-maa-revokes-ban-on-sri-reddy-actress-says-fight-far-from- 6. ‘All-female Afghan orchestra plays on despite death threats’, CBS over/articleshow/63749686.cms News, 20 April 2017, https://www.cbsnews.com/news/afghanistan- only-all-female-orchestra-zohra-plays-despite-death-threats/ 17. ‘Polish politics spills into pop as artists boycott music festival’, Financial Times, 24 May 2017, https://www.ft.com/content/4e3243ca- 7. ‘Aryana Sayeed’, Facebook, https://www.facebook.com/aryanamusic/ 3fbc-11e7-9d56-25f963e998b2 videos/1677332448974163/

18. ‘Kayah na liście gorszego sortu w TVP’, Wyborcza, 13 May 2017, http:// 8. ‘Why is singer Aryana Sayeed seen as a threat to Afghan wyborcza.pl/7,75398,21805861,lista-gorszego-sortu-w-tvp-na-niej- conservatism?’, Deutsche Welle, 18 August 2018, https://www.dw.com/ kayah.html#BoxGWImg en/why-is-singer-aryana-sayeed-seen-as-a-threat-to-afghan- conservatism/a-40149324 19. ‘Poland’s celebrated Opole music festival cancelled as Eurovision stars withdraw from lineup’, WiwiBloggs, 29 May 2017, https:// 9. List of signatories of the Convention on the Elimination of All Forms wiwibloggs.com/2017/05/29/polands-celebrated-opole-music- of Discrimination against Women as of 25 October 2018, United Nations Treaty Collection, https://treaties.un.org/pages/viewdetails. festival-called-off-eurovision-stars-withdraw-lineup/ aspx?src=ind&mtdsg_no=iv-8&chapter=4&clang=_en 20. ‘Festiwal Opole 2018: będzie skandal? Ludzie żądają wykluczenia 10. 10. ‘Bolivia 2017 International Religious Freedom Report’, U.S. grupy Girls on Fire’, Radio Zet, 6 June 2018, https://www.radiozet. Department of State, p. 2, https://www.state.gov/documents/ pl/Muzyka/Festiwal-Opole-2018-Girls-on-Fire-petycja-przeciw- organization/281296.pdf udzialowi-zespolu-w-koncercie-Debiuty 11. ’NGOs Encouraging Women’s Empowerment in Bolivia, The Borgen 21. ‘Festiwal Opole 2018: Anna Sobecka z PiS żąda wykluczenia Girls on Project, 10 December 2017, https://borgenproject.org/womens- Fire. Napisała do Kurskiego’, Radio Zet, 8 June 2018, https://www. empowerment-in-bolivia/ radiozet.pl/Muzyka/Festiwal-Opole-2018-Anna-Sobecka-PiS-zada- usuniecia-Girls-on-Fire-list-do-Jacka-Kurskiego 12. Ibid.

22. ‘Oświadczenie TVP’, Centrum Informacji TVP, 7 June 2018, https:// 13. ‘Freedom in the World 2016 Bolivia report’, Freedom House, 2016, centruminformacji.tvp.pl/37554622/oswiadczenie-tvp https://freedomhouse.org/report/freedom-world/2016/bolivia

23. ‘Opole 2018. Girls On Fire zaskoczone cenzurą w TVP. Zabrały 14. Ibid. głos’, Wyborcza, 11 June 2018, http://opole.wyborcza.pl/ opole/7,35086,23526062,opole-2018-girls-on-fire-zaskoczone- 15. ‘UN tests Bolivia on women’s rights’, Amnesty International, 10 July cenzura-w-tvp-tak-sie.html 2015, https://www.amnesty.org/en/latest/news/2015/07/un-tests- bolivia-on-women-s-rights/ 24. ‘Pop star Denise Ho denied Malaysia permit ‘over LGBT views’, BBC, 15 February 2018, https://www.bbc.com/news/world-asia- 16. ‘Bolivia’s Culture Minister Threatens Artist With Legal Action Over china-43072223 Controversial Artwork’, Artforum, 28 February 2018, https://www. artforum.com/news/bolivia-s-culture-minister-threatens-artist-with- 25. ‘Hong Kong gay pop star says Malaysia show dropped over LGBT legal-action-over-controversial-artwork-74466 support’, Reuters, 15 February 2018, https://www.reuters.com/article/ us-entertainment-lgbt-hongkong-malaysia/hong-kong-gay-pop-star- 17. ‘I Caused A National Scandal After Painting The Virgin In says-malaysia-show-dropped-over-lgbt-support-idUSKCN1FZ1G7 Fishnets’, Broadly, 18 April 2018, https://broadly.vice.com/en_us/ 26. ‘Malaysian minister orders removal of LGBT portraits from exhibition’, article/43bpmn/bolivia-artist-rilda-paco-virgin-painting BBC, 9 August 2018, https://www.bbc.com/news/world-asia-45125012 18. ‘Bolivia: Feminist mural criticising church and state censored’, 27. ‘KFCB Restrics Lesbian Film’, Kenya Film Classification Board, 27 April Freemuse, 28 October 2016, https://freemuse.org/news/bolivia- 2018, http://kfcb.co.ke/kfcb-restricts-lesbian-film/ feminist-mural-criticising-church-and-state-censored/

28. ‘They Banned Her Film Because It Featured LGBT Characters. So She 19. ’Galindo llama censura fanática al tapado de polémico mural’, Erbol, Took Them To Court — And Won.’, Buzzfeed News, 21 September 2018, 12 October 2016, https://www.erbol.com.bo/noticia/social/12102016/ https://www.buzzfeednews.com/article/tamerragriffin/kenya-rafiki- galindo_llama_censura_fanatica_al_tapado_de_polemico_mural film-ban 20. Ibid. 29. ‘School put censor stickers on student’s school artwork because it 21. ‘Saving arts nearly wiped out by Khmer Rouge’, Deutsche Welle, 7 showed lesbian lovers’, Pink News, 12 January 2018, https://www. August 2012, https://www.dw.com/en/saving-arts-nearly-wiped-out- pinknews.co.uk/2018/01/12/school-put-censor-stickers-on-students- by-khmer-rouge/a-16149469 gcse-art-work-because-it-showed-lesbian-lovers/ 22. ‘The Constitution of the Kingdom of Cambodia’, Constitutional Council, March 2010, http://www.wipo.int/edocs/lexdocs/laws/en/kh/kh009en. pdf

CHAPTER 5 23. ‘Actress banned for sexy clothing’, The Phnom Penh Post, 27 April 2017, https://www.phnompenhpost.com/national/actress-banned- 1. ‘Freedom in the World 2018 Afghanistan profile’, Freedom House, sexy-clothing https://freedomhouse.org/report/freedom-world/2018/afghanistan 24. Ibid. 2. ‘Afghanistan’s first female rapper: ‘If I stay silent, nothing will change’’, The Guardian, 1 December 2016, https://www.theguardian. 25. ‘‘I’ll be less sexy’: Cambodian star’s risqué Facebook posts result com/music/2016/dec/01/afghanistan-first-female-rapper-paradise- in acting ban’, RT, 28 April 2017, https://www.rt.com/viral/386384- sorouri-143band-interview cambodia-less-sexy-denny-kwan/

3. Ibid. 26. ‘Government bans two songs deemed too sexual’, The Cambodia Daily, 8 July 2016, https://www.cambodiadaily.com/news/government-bans- 4. ‘The refugees hunted and attacked by regimes for rapping’, Dazed, 30 two-songs-deemed-too-sexual-115167/ January 2017, http://www.dazeddigital.com/music/article/34498/1/ berlin-syria-afghanistan-refugee-rap-paradise-diverse 27. Ibid.

102 FREEMUSE 28. ‘Politics in the Kingdom: Increasing female representation’ 46. ‘Freemuse calls for the release of Egyptian singer’, Freemuse, 18 Cambodian Center for Human Rights, March 2013, p. 30, https:// January 2018, https://freemuse.org/news/freemuse-calls-release- cchrcambodia.org/admin/media/report/report/english/2013_03_28_ egyptian-singer/ CCHR_Report_eng.pdf 47. ’Egypt singer held for ’inciting debauchery’ in music video’, BBC, 29. Committee on the Elimination of Discrimination against Women, 4 January 2018, https://www.bbc.com/news/world-middle- ‘Excerpt from Supplement No. 38’, 16 January – 3 February 2006, east-42566070 A/61/38. http://www.un.org/womenwatch/daw/cedaw/cedaw25years/ content/english/CONCLUDING_COMMENTS/Cambodia/Cambodia- 48. ‘Egypt: Musicians Union bans singer from performing’, Freemuse, 23 CO-1-3.pdf April 2015, https://freemuse.org/news/egypt-musicians-union-bans- singer-from-performing/ 30. ‘Ministry’s code of conduct for artists closer to reality’, The Phnom Penh Post, 28 September 2016, https://www.phnompenhpost.com/ 49. The Constitution of India, 26 November 1949, Article 19a, https://www. national/ministrys-code-conduct-artists-closer-reality india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf

31. ‘Cambodian female artists confront gender roles with contemporary 50. ‘Democracy for All?’ V-Dem annual democracy report 2018, art’, The Culture Trip, 28 November 2016, https://theculturetrip. University of Gothenburg, p. 32-33. https://www.v-dem.net/media/ com/asia/cambodia/articles/cambodia-s-female-artists-how- filer_public/3f/19/3f19efc9-e25f-4356-b159-b5c0ec894115/v-dem_ contemporary-art-is-changing-gender-roles-in-cambodia/ democracy_report_2018.pdf

32. ‘Freedom of expression, Cambodia’, United Nations Human Rights 51. ‘India – Events of 2017’, Human Rights Watch, 2017, https://www.hrw. Office of the High Commissioner, 26 January 2015, http://cambodia. org/world-report/2018/country-chapters/india ohchr.org/en/civil-society-fund-freedoms/freedom-expression 52. Indian Penal Code, 1860. Chapter XV of offences relating to religion, 33. ‘Islam and politics collide in Egypt as a secular government attempts section 295A. http://www.wipo.int/wipolex/en/text.jsp?file_id=201592 Islamic reform’, Haaretz, 26 April 2017, https://www.haaretz.com/ middle-east-news/egypt/islam-and-politics-collide-in-egypt-as-a- 53. ‘The Indecent Representation of Women’, Ministry of Women and secular-government-attempts-islamic-reform-1.5465230 Child Development, 1986 http://www.wcd.nic.in/act/indecent- representation-women 34. ‘Egypt – events of 2017’, Human Rights Watch, 2018, https://www.hrw. org/world-report/2018/country-chapters/egypt 54. Ibid.

35. Egypt Penal Code, Law No. 58 of 1937, August 1937, Article 178, 55. ‘Directors out against CBFC directives’, The Hindu, 31 August 2015, http://www.refworld.org/docid/3f827fc44.html https://www.thehindu.com/news/cities/Thiruvananthapuram/ directors-out-against-cbfc-directives/article7598643.ece 36. ‘A battle for existence: How the combined forces of censorship and security shaped Egypt’s music scene in 2017’, Mada Masr, 2 January 56. ‘Imposing silence – the use of India’s laws to suppress free speech’, 2018, https://www.madamasr.com/en/2018/01/02/feature/culture/a- the International Human Rights Program (IHRP), PEN Canada, PEN battle-for-existence-how-the-combined-forces-of-censorship-and- International, 2015, p. 26 security-shaped-egypts-music-scene-in-2017/ 57. ‘Rupali Patil on the challenges of being a woman artist’, The Diplomat, 37. ‘Singing a crime: On the judicial police powers of the Musicians 28 March 2018, https://thediplomat.com/2017/03/rupali-patil-on-the- Syndicate’, Mada Masr, 11 February 2016, https://www.madamasr. challenges-of-being-a-woman-artist/ com/en/2016/02/11/feature/culture/singing-a-crime-on-the-judicial- police-powers-of-the-musicians-syndicate/ 58. Ibid.

38. ‘Egypt: Resolution against revealing clothing and “vulgar” lyrics’, 59. ‘India: Key UN Rights Recommendations Ignored’, Human Rights Freemuse, 30 September 2015, https://freemuse.org/news/egypt- Watch, 21 September 2017, https://www.hrw.org/news/2017/09/21/ resolution-against-revealing-clothing-and-vulgar-lyrics-2/ india-key-un-rights-recommendations-ignored

39. ‘A battle for existence: How the combined forces of censorship and 60. The Constitution of The Islamic Republic of Iran, 1980, p. 2. http:// security shaped Egypt’s music scene in 2017’, Mada Masr, 2 January www.wipo.int/edocs/lexdocs/laws/en/ir/ir001en.pdf 2018, https://www.madamasr.com/en/2018/01/02/feature/culture/a- battle-for-existence-how-the-combined-forces-of-censorship-and- 61. ‘Gender Segregation Violates the Rights of Women in Iran’, Iran security-shaped-egypts-music-scene-in-2017/ Human Rights, 3 September 2014, https://www.iranhumanrights. org/2014/09/gender-segregation/ 40. ‘Update: 7 arrested for ‘promoting sexual deviancy’ after raising rainbow flag at Mashrou’ Leila gig’, Mada Masr, 23 November 62. ‘Female Singing At Center of New Attacks Against Iran’s Rohani’, RFE/ 2017, https://www-madamasr-com.cdn.ampproject.org/c/s/www. RL, 7 February 2015, https://www.rferl.org/a/iran-woman-singing-at- madamasr.com/en/2017/09/26/news/culture/egypts-musicians- center-of-rohani-attacks/26835202.html syndicate-bans-mashrou-leila-over-fans-rainbow-flag/ 63. ‘Female musician prohibited from performing on stage in Isfahan’, 41. ‘Egyptian belly dancers jailed for ‘inciting debauchery’’, BBC News, Center for Human Rights in Iran, 19 January 2018, https://www. 3 September 2015, http://www.bbc.com/news/world-middle- iranhumanrights.org/2018/01/female-musician-banned-from- east-34140406 performing-on-stage-in-isfahan/

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CREATIVITY WRONGED: HOW WOMEN’S RIGHT TO ARTISTIC FREEDOM IS DENIED AND MARGINALISED 103 68. ‘Hundreds of musicians protest licensed concerts ban’, Radio Farda, 85. ‘Self-censorship is biggest threat to free speech in Japan’, 4 August 2017, https://en.radiofarda.com/a/iran-musicians-protest- Japan Times, 22 January 2015, https://www.japantimes.co.jp/ banning-concerts/28658581.html news/2015/01/22/national/self-censorship-biggest-threat-free- speech-japan#.W5ezTegzZPZ 69. ‘Iran: only married women allowed to play music’, Track Persia, 12 December 2017, http://www.trackpersia.com/iran-married-women- 86. ‘Controversial “comfort women” exhibition closes in Tokyo’, allowed-play-music/ Art Asia Pacific, 10 July 2012, http://artasiapacific.com/News/ CONTROVERSIALCOMFORTWOMENEXHIBITIONCLOSESINTOKYO 70. Ibid. 87. Ibid. 71. ‘Women banned from acting for publicising photos without veil’, NCRI Women Committee, 16 September 2017, https://women.ncr-iran. 88. ‘Letter by the High Commissioner to the Foreign Minister’, OHCHR, org/iran-women-news/4294-iran-women-banned-from-acting-for- 13 April 2018, https://lib.ohchr.org/HRBodies/UPR/Documents/ publicizing-photos-without-veil Session28/JP/JapanHCLetter.pdf

72. ‘Taking on Iran’s TV taboos for women: cucumbers, earlobes and 89. ‘World Report 2017: Japan’, Human Rights Watch, https://www.hrw. the chuckle, RFE/RL, 1 September 2018, https://www.rferl.org/a/ org/world-report/2017/country-chapters/japan taking-on-iran-s-tv-taboos-for-women-cucumbers-earlobes-and- 90. ‘Nigeria’s Boko Haram attacks in numbers – as lethal as ever’, BBC, the-chuckle/29465581.html 25 January 2018 https://www.bbc.com/news/world-africa-42735414 73. ‘She studied singing in college but is banned from performing on 91. ‘Boko Haram survivors starved and raped by Nigeria’s military’, stage in Iran’, Center for Human Rights in Iran, 24 January 2018, Al Jazeera, 24 May 2018 https://www.aljazeera.com/indepth/ https://www.iranhumanrights.org/2018/01/iranian-female-vocalist- opinion/boko-haram-survivors-starved-raped-nigeria- we-never-get-a-chance-to-practice-our-art-in-a-professional- military-180523144207062.html setting/ 92. ‘Constitution of the Federal Republic of Nigeria’, Article 15 (2), 1999, 74. ‘United Nations Human Rights Office of the High Commissioner, https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/ Status of Ratification of 18 International Human Rights Treaties’ files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf http://indicators.ohchr.org/ 93. ‘Failure to pass equality bill betrays Nigerian women, activists say’, 75. ‘Iran’s beleaguered music community urges Rouhani to prevent Reuters, 17 March 2016 https://www.reuters.com/article/us-nigeria- concert cancellations’, Center for Human Rights in Iran, 8 August women-lawmaking/failure-to-pass-equality-bill-betrays-nigerian- 2017, https://www.iranhumanrights.org/2017/08/irans-beleaguered- women-activists-say-idUSKCN0WJ2L4 music-community-urges-rouhani-to-prevent-concert-cancellations/; ‘Women’s Rights in Iran Teeter between Reform and Backlash’, Fair 94. ‘Freedom in the World 2018 Nigeria profile’, Freedom House, https:// Observer, 27 July 2018, https://www.fairobserver.com/region/middle_ freedomhouse.org/report/freedom-world/2018/nigeria east_north_africa/womens-rights-iran-hassan-rouhani-maedeh- hojabri-dance-news-81712. 95. National Broadcasting Commission media sanctions, http://www.nbc. gov.ng/posts/category/media-sanctions 76. ‘Tehran hijab protest: Iranian police arrest 29 women’, The Guardian, 2 February 2018, https://www.theguardian.com/world/2018/ 96. ‘Nigeria plans to ban artists from shooting videos abroad’, Music In feb/02/tehran-hijab-protest-iranian-police-arrest-29-women; Africa, 17 July 2017, https://www.musicinafrica.net/magazine/nigeria- ‘Iranian women’s movement pushes for more rights, at its own plans-ban-artists-shooting-videos-abroad pace’, Al-Monitor, 6 July 2018, https://www.al-monitor.com/pulse/ originals/2018/07/iran-womens-rights-movement-soccer-stadiums- 97. ‘Lagos’ Area Boys…How Long?’, Sunday Magazine, 13 March 2016, entry.html; ‘Women in Iran Are ‘Dancing to Protest the Arrest of a https://guardian.ng/sunday-magazine/lagos-area-boys-how-long/ Teenage Instagrammer’, Time, 9 July 2018, http://time.com/5332944/ iran-arrest-teenage-dancer-maedeh-hojabri/ 98. ‘Nollywood Actress, Funke Akindele Attacked And Harassed By Area Boys During Lagos Filming’, National Mirror, 16 November 2017, 77. Including Korea, China, Taiwan, Malaysia, the Philippines and https://www.nationalmirroronline.net/nollywood-actress-funke- Indonesia. akindele-attacked-harassed-area-boys-lagos-filming/

78. ‘Japanese vagina kayak artist found guilty of obscenity’, The Guardian, 99. ‘Actress Steph-Nora Okere open up on sexual harassment’, The Daily 9 May 2016, https://www.theguardian.com/world/2016/may/09/ Times, 22 February 2018, https://dailytimes.ng/actress-steph-nora- japanese-vagina-kayak-artist-found-guilty-of-obscenity okere-open-sexual-harassment/

79. ‘‘Vagina artist’ Megumi Igarashi continues her battle with Japan’s 100. ‘Ex-Lover Seun Egbegbe says actress’ career is over’, Pulse.ng, definition of obscenity’, Japan Times, 18 April 2017, https://www. 28 March 2016, https://www.pulse.ng/entertainment/celebrities/ toyin-aimakhu-ex-lover-seun-egbegbe-says-actress-career-is-over- japantimes.co.jp/news/2017/04/18/national/vagina-artist-megumi- id4853167.html igarashi-continues-her-battle-with-japans-definition-of-obscenity/#. W5fNQegzZPY 101. ‘Detail analysis of the Controversial Life of Nollywood Producer Seun Egbegbe’, NigeriaFilms.com, https://www.nigeriafilms.com/more/127- 80. ‘Vagina Art and the Paradox of Censorship Law in Japan — Broadly’, columnists/42606-seun-egbegbe-toyin-aimakhu Marla Bahloul, 14 August 2015, http://www.marlabahloul.com/vagina- art-and-the-paradox-of-censorship-law-in-japan/ 102. ‘Why popular actress, Rahama Sadau, was expelled from Kannywood’, Premium Times, 3 October 2016, https://www.premiumtimesng.com/ 81. ‘Japan ‘Penis Festival’: Religious and Political History Behind the entertainment/211837-popular-actress-rahama-sadau-expelled- Now Notorious Event’, The Independent, 5 April 2017, https://www. kannywood.html independent.co.uk/travel/asia/japan-penis-festival-shinto-history- religious-event-politics-hen-do-kanamara-matsuri-kawasaki- 103. ‘Do we have more female Nigerian musicians now?’, Pulse.ng, 8 daishi-a7667611.html March 2017, https://www.pulse.ng/buzz/women-in-music-do-we- have-more-female-nigerian-musicians-now-id6336746.html 82. ‘South Korea, Japan reach agreement on comfort women’, CNN, 29 December 2015, https://edition.cnn.com/2015/12/28/asia/south- 104. ‘Pakistan. Events of 2016’, Human Rights Watch, https://www.hrw.org/ korea-japan-comfort-women/ world-report/2017/country-chapters/pakistan

83. ‘Comfort women statue in San Francisco leads a Japanese city to cut 105. ‘Case closed: PHC acquits Ghazala Javed’s former husband’, The ties’, The New York Times, 25 November 2017, https://www.nytimes. Express Tribune, 23 May 2014, https://tribune.com.pk/story/711840/ com/2017/11/25/world/asia/comfort-women-statue.html case-closed-phc-acquits-ghazala-javeds-former-husband/

84. ‘Japan’s pyrrhic victory over ‘comfort women’ commemoration’, 106. ‘Brother of Pakistan’s Qandeel Baloch: I’m “proud” of strangling my The Diplomat, 25 November 2017, https://thediplomat.com/2017/11/ sister’, CNN, 19 July 2016, https://edition.cnn.com/2016/07/18/asia/ japans-pyrrhic-victory-over-comfort-women-commemoration/ pakistan-qandeel-baloch-brother-confession/index.html

104 FREEMUSE 107. ‘Quandeel Baloch murder case: Pakistani cleric Mufti Quavi granted 119. ‘Saudi Vision 2030’, http://vision2030.gov.sa/en/goals bail weeks after arrest’ Firstpost, 14 November 2017, https://www. firstpost.com/world/qandeel-baloch-murder-case-pakistani-cleric- 120. ‘When it comes to culture in Saudi, these women are setting the mufti-qavi-granted-bail-weeks-after-arrest-4209763.html pace’, Emirates Women, 8 April 2018, http://emirateswoman.com/ when-it-comes-to-culture-in-saudi-these-women-are-helping-set- 108. ‘Female singer Sumbul Khan murdered by gunmen in Pakistan the-pace/ because she refused to perform at party, police say’, Independent, 3 February 2018, https://www.independent.co.uk/news/world/asia/ 121. ‘General Culture Authority chief says ‘seeing is believing’ as movies pakistan-female-singer-killed-resist-abduction-gunmen-sumbul- help to shatter misconceptions of Saudi Arabia’, Arab News, 15 March khan-iqbal-mardan-a8193206.html 2018, http://www.arabnews.com/node/1302731/media 109. ‘Drunk man shoots pregnant singer dead on stage because she refuses to dance for him while men throw money at her in Pakistan’, 122. ‘Saudi Arabia expels Canadian ambassador after Ottawa criticizes The Daily Mail, 12 April 2018, https://www.dailymail.co.uk/news/ arrests of Saudi activists’, Washington Post, 6 August 2018, https:// article-5607235/Pregnant-singer-shot-dead-stage-man-Pakistan- www.washingtonpost.com/world/middle_east/saudi-arabia-expels- refused-stand-up.html canadian-ambassador-after-ottawa-criticizes-arrests-of-saudi- activists/2018/08/06/99df2714-9945-11e8-8d5e-c6c594024954_story. 110. ‘Stage actress Kismat Baig shot dead in Lahore’, The Times of html?utm_term=.281d36c14ab1 India, 25 November 2016, https://timesofindia.indiatimes.com/ entertainment/hindi/theatre/Stage-actress-Kismat-Baig-shot-dead- 123. ‘Turkish talent show singer out of coma after shooting’, The Guardian, in-Lahore/articleshow/55619899.cms 23 June 2015, https://www.theguardian.com/world/2015/jun/23/ turkish-talent-show-singer-out-of-coma-after-shooting 111. ‘Qismat Baig’s alleged killer makes shocking confession’, SAMAA, 2 December 2016, https://www.samaa.tv/culture/2016/12/qsimat- 124. ‘Turkish man jailed for 15 years for shooting talent show singer’, The baigs-alleged-killer-makes-shocking-confession/ Guardian, 9 June 2016, https://www.theguardian.com/world/2016/ jun/09/mutlu-kaya-shooting-veysi-ercan-15-years-jail 112. ‘Pakistan 2017/2018’, Amnesty International, https://www.amnesty.org/ en/countries/asia-and-the-pacific/pakistan/report-pakistan/ 125. ‘Actresses protest barring of women from play at Turkish Parliament’, Stockholm Center for Freedom, 3 April 2018, https://stockholmcf. 113. ‘How Guardianship Laws Still Control Saudi Women’, New York org/actresses-protest-barring-of-women-from-play-at-turkish- Times, 22 June 2018, https://www.nytimes.com/2018/06/22/world/ middleeast/saudi-women-guardianship.html parliament/

114. ‘Haifaa al-Mansour: I wanted to have a voice’, The Telegraph, 126. ‘100 actresses on stage in protest against claims women were 19 July 2013, https://www.telegraph.co.uk/culture/film/ banned from acting in play in parliament’, Hürriyet Daily News, 3 April starsandstories/10183258/Haifaa-al-Mansour-I-wanted-to-have-a- 2018, http://www.hurriyetdailynews.com/100-actresses-on-stage-in- voice.html protest-against-claims-women-were-banned-from-acting-in-play- in-parliament-129700 115. Generally, Saudis are accustomed to outsourcing their means of entertainment to neighbouring countries. The first women who had 127. ‘Zero tolerance! Hadise’s video “Sifir Tolerans” deemed too erotic for live music concert in Riyadh in December 2017 was Lebanese singer Turkish TV…and she isn’t happy’, Wiwibloggs, 4 January 2018, https:// Hiba Tawaji, whilst Egypt’s singer Umm Kulthum was the first woman wiwibloggs.com/2018/01/04/zero-tolerance-hadises-video-sifir- in decades whose concert was broadcasted on a Saudi TV in October tolerans-deemed-erotic-turkish-tv/ 2017. 128. ‘Recep Tayyip Erdoğan: A woman is above all else a mother’, The 116. ‘Saudi Arabian women release video mocking kingdom’s driving Guardian, 8 March 2016, https://www.theguardian.com/world/2016/ laws’, The Independent, 5 January 2017, https://www.independent. mar/08/recep-tayyip-erdogan-a-woman-is-above-all-else-a-mother- co.uk/arts-entertainment/music/news/saudi-arabia-ban-on-women- turkish-president driving-video-mocking-law-hwages-a7510371.html

117. ‘Don’t forget the women who forged Saudi Arabia’s art scene’, Artsy, 129. ‘How women activists in Turkey keep fighting in a climate of fear’, 13 July 2018, https://www.artsy.net/article/artsy-editorial-forget- Amnesty International, 26 April 2018, https://www.amnesty.org/en/ women-forged-saudi-arabias-art-scene latest/news/2018/04/how-women-activists-in-turkey-keep-fighting- in-a-climate-of-fear/ 118. ‘Saudi Arabia pulls ‘indecent’ novel from bookstores’, New Indian Express, 3 November 2013, http://www.newindianexpress.com/ 130. Photographer Eylül Aslan, Freemuse Interview, 11 September 2018 world/2017/nov/03/saudi-arabia-pulls-indecent-novel-from- bookstores-1690762.html 131. Visual artist Ekin Onat, Freemuse Interview, 4 September 2018.

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People interviewed Borghildur Indriðadóttir Maya Acharya for this report: Dina Chhan Monirah Hashemi Dina El-Gharib Rita Banerji Easterine Kire Alankrita Shrivastava Sahar Mousa Ekin Onat Alejandra Hernández Eylül Aslan Sina Winter Ali Rahbari Helen Gorrill Sujatro Ghosh Alka Dass Jana Millstone Susan Turconi Ana Tijoux Joycelin Leahy Tatjana Nikolić Angel Bellaran Kholoud Charaf Tijana Mišković Angie Tonton Knorke Leaf Vildana Džekman Anonymous Mai Khoi Anzhelina Polonskaya Mariana Waculicz Yasmine El Baramawy Asad Buda Marja Mortensson Zahra Hossaini Bahia Shehab Maryam Sharifi Zere Asylbek Freemuse is an independent international organisation advocating for and defending freedom of artistic expression.

We monitor and document violations of artistic freedom, expose laws and policies that enable and sustain these violations, and leverage evidence-based advocacy for systemic structural changes at international, regional and national levels.

Working with partners, artists and activists in the global south and north, we campaign for and support individual artists, focusing on women artists and other vulnerable groups of artists. We facilitate and grow locally-owned national coalitions in their campaigns and capacity building to monitor and defend artistic freedom. freemuse.org