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Safety Guide for Artists 1 2 3 A SAFETY GUIDE FOR ARTISTS January 26, 2021 © 2021 Artists at Risk Connection (ARC). All rights reserved. Artists at Risk Connection (ARC), a project of PEN America, manages a coordination and information-sharing hub that supports, unites, and advances the work of organizations that assist artists at risk globally. ARC’s mission is to improve access to resources for artists at risk, enhance connections among supporters of artistic freedom, and raise awareness of challenges to artistic freedom. For more information, go to artistsatriskconnection.org. A SAFETY GUIDE Authors: Gabriel Fine and Julie Trébault FOR ARTISTS Editor: Susan Chumsky Design by Studio La Maria ARC is a project of PEN America. This guide is made possible thanks to the generous support of the Andrew W. Mellon Foundation; the Andy Warhol Foundation for the Visual Arts; the Elizabeth R. Koch Foundation; the Silicon Valley Community Foundation; and the Taiwan Foundation for Democracy. 4 5 CONTENTS FOREWORD 06 Documenting Online Harassment 61 Documenting Verbal Harassment and Threats 62 INTRODUCTION 08 Documenting Physical Harassment, Threats, and Attacks 63 METHODOLOGY 12 Documenting Arrest, Detention, or Imprisonment 64 PATTERNS OF PERSECUTION 17 SECTION 5: FINDING ASSISTANCE 67 SECTION 1: DEFINING RISK 23 When to Seek Assistance 68 Using ARC’s Database 70 What Kinds of Threats Do Artists Face? 24 Who Can Provide Support? 71 Who Is Most Vulnerable to Threats? 27 Human Rights Organizations 71 Where Are Threats Most Likely to Come From 30 Arts or Artistic Freedom Organizations 72 Knowing Your Country’s Laws 32 Governments and Governmental Organizations 73 International Mechanisms SECTION 2: PREPARING FOR RISK 39 73 Types of Support Available 74 Avoid Making Yourself a Target 40 SECTION 6: RECOVERING FROM RISK Setting Up a Support Network 41 81 Making a Plan 42 Seeking Redress for Torture 83 Preparing with Your Lawyer 43 Refugee Assistance 84 Financial Security 43 Escape Plan 44 CONCLUSION 86 You Can Never Be Too Prepared 46 ARTISTS’ VOICES 89 SECTION 3: DIGITAL SAFETY 49 APPENDIX 142 59 SECTION 4: DOCUMENTING THREATS ACKNOWLEDGMENTS 154 Threat Analysis: What Is the Nature of the Threat Against You? 60 6 7 A great deal of my work as Special Rapporteur has been devoted to understanding the needs of cultural FOREWORD rights defenders and advocating for the steps that should be taken to ensure One night in October 2019, as a curfew Rights Council in support of the cultural their safety. In offering a comprehensive blanketed the city of Santiago, Chile rights mandate. All these activities have toolkit of practical strategies to counter during nationwide demonstrations for made a significant contribution to work the risks, I am certain that this guide will social justice, opera singer Ayleen Jovita on cultural rights in the United Nations be crucial in advancing artists’ safety Romero peacefully protested by singing system. Through stakeholder meetings around the world. I also hope it will “El derecho de vivir en paz” (“The right that ARC has helped facilitate, they have help bring much-needed attention from to live in peace”) from her window, a also played an important role in working governments, international mechanisms, song made famous by singer Victor Jara to build a coalition of civil society human rights organizations and civil before he was murdered following the organizations to defend the cultural society generally to the threats that 1973 military coup. rights of different constituencies, artists face, therefore helping to ensure including women, persons with that the next Victor Jara or Ayleen As UN Special Rapporteur in the Field disabilities, indigenous peoples, Jovita Romero in any country is able to of Cultural Rights, I shared this example minorities, and LGBTQIA+ people. make their work in peace. in my March 2020 report on cultural With their wide-ranging understanding rights defenders (CRDs)—human of both the human rights and cultural –Karima Bennoune, United Nations rights defenders who defend cultural spheres and their intersections, ARC Special Rapporteur in the Field of rights in accordance with international has excellent capacity to be a catalyst Cultural Rights standards—because this story shows for collaboration and to help raise the ways that artists can both challenge awareness of cultural rights like artistic injustice and bring hope to others in freedom at the international level. difficult times. Artists and their work promote access to culture and creative It is therefore my pleasure to introduce responses in the face of human rights A Safety Guide for Artists, a vital tool violations and strife. Yet, artists and to help artists access needed support other CRDs have not been adequately in the face of threats to their human recognized as human rights defenders, rights. Similar to analogous guides for and therefore receive insufficient journalists and other human rights protection when their work puts them at defenders, this guide affords a critical risk around the world. tool for those working to defend their own right to freedom of artistic Over the past few years, I have had the expression and that of others. opportunity to collaborate frequently with the Artists at Risk Connection The field of artist support is constantly (ARC) on just such issues, jointly hosting evolving, as new programs emerge and expert meetings and public programs as artists continue to be mainstreamed and working together along with other into discussions of defending human partners on advocacy concerning rights. This critically important guide persecuted artists. ARC has also offers a window into that field, helping coordinated joint statements with a artists develop strategies to overcome range of other civil society organizations persecution. engaged on these issues at the Human FOREWORD FOREWORD 8 9 700 incidents in at least 93 countries in Rights’ 2020 report, artists are cultural which artists’ rights were violated18— rights defenders—those human numbers that do not include hundreds rights defenders who act in defense of INTRODUCTION of cases that go unreported. While many culture—and therefore deserve the artists defy these attacks and continue same recognition and protection as their work, others live in constant fear traditional human rights defenders.22 The year 2020 has exploded with And yet, at the same time, to a degree for their safety and the safety of their Artists take risks, but they should not global crises. Even before the COVID-19 not seen in decades, opposition families, and some have been intimidated have to risk their lives. pandemic began, the rise of nationalist, movements are ascending, from into self-censorship or silence. Though authoritarian, and extremist regimes protests of police brutality in the United many threats come from state actors What Is ARC? and conflicts around the world led to States12 to massive demonstrations such as governments, politicians, The Artists at Risk Connection (ARC), disturbing increases in violations of rejecting the rigged 2020 presidential police, and the military, they can also a project of PEN America, aims to fundamental human rights. In response election in Belarus.13 Throughout this come from non-state parties, including safeguard the right to artistic freedom to these threats, massive social outpouring of dissent, artists have extremist groups, fundamentalist of expression and ensure that artists movements, from pro-democracy stood at the forefront,14 bearing witness or conservative communities, and everywhere can live and work without protests in Hong Kong1 to calls for a new to inhumanity and catalyzing solidarity even one’s own neighbors and family fear. ARC works to achieve this goal constitution in Chile,2 arose, generating through songs,15 slogans,16 and members. These attacks rob artists of primarily by connecting persecuted hope for more equitable societies. murals17 that call for change. When the opportunity for creative expression artists to our growing global network But these movements also led to ever artists are able to express themselves and impoverish democratic discourse of resources, facilitating cooperation greater dangers for activists, frontline freely, they can be forceful and by excluding challenging ideas and among human rights and arts workers, and outspoken voices. influential voices that document perspectives and depriving the public organizations, and amplifying the stories oppression, articulate cultural critiques, of valuable contributions, insights, and and work of at-risk artists. ARC plays The health crisis has only intensified and accelerate social progress. Art can inspiration. the role of connector and coordinator, these realities. Beyond placing offer an essential outlet for nurturing matching need and response to equip restrictions on everyday life, from free thought and exercising free will. Artists are vital to the health and artists with the means to withstand the shuttering of venues and public It can help independent viewpoints longevity of free and open societies, pressure and continue creating. spaces3 to the shutdown of borders,4 survive, challenge orthodoxies in ways and their importance is enshrined in authoritarian regimes and declining both subtle and overt, and create international law. “Artistic expression,” Since its inception in 2017, ARC has democracies alike have exploited the openings that allow citizens to imagine as former UN Special Rapporteur assisted more than 280 individual pandemic to crack down on dissent. a different future. in the Field of Cultural Rights Farida artists and cultural professionals from They have curbed protests through Shaheed has stated, “is not a luxury, over 63 countries by connecting them enforced curfews,5 criminalized activism But this power can also put artists at it is a necessity.”19 As a fundamental to a wide range of services, most under the guise of vague laws meant to the forefront of backlash, exposing human right, it is addressed in varying frequently including emergency funds, curtail “spreading disinformation” about them to violence, intimidation, and ways in a number of documents legal assistance, temporary relocation the virus,6 and more.
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