THE STATE OF ARTISTIC FREEDOM 2019 WHOSE NARRATIVES COUNT? FREEMUSE THE STATE OF ARTISTIC FREEDOM 2019 1 Freemuse is an independent international organisation advocating for and defending freedom of artistic expression. We believe that at the heart of violations of artistic freedom is the effort to silence opposing or less preferred views and values by those in power – politically, religiously or societally – mostly due to fear of their transformative effect. With this assumption, we can address root causes rather than just symptoms – if we hold violators accountable. Our approach to artistic freedom is human rights-based as it provides an international legal framework and lays out the principles of accountability, equality and non-discrimination, and participation. ©2019 Freemuse. All rights reserved. ISSN 2596-5190 Design and illustration: www.NickPurserDesign.com Author: Srirak Plipat Research: Ellen Pedersen, Maria Menendez, Jasmina Lazovic, David Herrera, Ayodele Ganiu, Shahira Amin and Orsolya Reich. Publications and communications: Dwayne Mamo, Lisa Robinson, Paige Collings, Kaja Ciosek and Philip Toscano. Freemuse would like to thank a consultant, who wishes to remain anonymous, for sharing their expertise on human rights research methodology, and for reviewing and editing this report. Freemuse thanks the informants who spoke to us for this report, especially the artists who took risks to take part in this research. We also thank everyone who stands up for the human 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 February 2019. 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. THE STATE OF ARTISTIC FREEDOM 2019 WHOSE NARRATIVES COUNT? FREEMUSE THE STATE OF ARTISTIC FREEDOM 2019 3 This is the ‘keep quiet’ “ message to the opposition groups: Do not write, draw, talk, but obey the message. It is a threat to all intellectuals and artists who openly oppose. It is in our hands to make this threat impossible. Instead of acting according to circumstances and power, we will insist on defending the values ​​of freedom of thought and democracy without hesitation and fear. MUSICIAN FERHAT TUNÇ, FREEMUSE INTERVIEW, 26 SEPTEMBER 2018.” TUNÇ WAS SENTENCED TO JAIL IN TURKEY FOR “MAKING PROPAGANDA OF A TERRORIST ORGANISATION” 4 FREEMUSE CONTENTS SUMMARY 6 CHAPTER 1: THE VISUAL STORY 9 Intolerance and violence 10 Art forms silenced in 2018 12 Parenting society: Censorship in 2018 13 Counter-terrorism curtails creative expression 14 Legal, but illegitimate 15 29 dangerous places for artists 16 Hard hits on musicians 18 Action taken against film 19 Silencing artists on the stage 20 Artistically sound, religiously dangerous 21 Artistic freedom caught in the middle of armed conflict situations 22 Women denied rights to artistic freedom 23 Targeting LGBTI 24 Voices of minorites 25 CHAPTER 2: WHOSE NARRATIVES COUNT? PATTERNS AND TRENDS OF VIOLATIONS OF ARTISTIC FREEDOM IN 2018 27 CHAPTER 3: COUNTRIES OF CONCERN 73 CHINA 74 CROATIA 76 CUBA 78 EGYPT 80 GERMANY 82 HUNGARY 84 INDIA 86 IRAN 88 ISRAEL 90 NIGERIA 92 PAKISTAN 94 POLAND 96 RUSSIA 98 SAUDI ARABIA 100 SERBIA 102 SPAIN 104 TANZANIA 106 TURKEY 108 UGANDA 110 UKRAINE 112 USA 114 UZBEKISTAN 116 RECOMMENDATIONS 118 ENDNOTES 123 A NOTE ON DOCUMENTATION 139 THE STATE OF ARTISTIC FREEDOM 2019 5 SUMMARY Arts and culture are crucial for developing vibrant while China, Egypt, Iran and Cuba jailed the highest societies, broadening people’s perspectives on number of artists in the Global South. Censorship different political, cultural and social issues as was practiced in at least 60 countries, affecting well as being important indicators of democratic 1,807 artists and artworks. Music, film and visual health. Besides expressing their inner feelings arts were among the top three targeted art forms. and emotions, through arts and culture individuals Musicians’ freedom of expression was limited in 55 question the world they live in and often share countries, with one third of all documented cases political ideas. Freedom of creative and artistic concerning musicians occurring in Nigeria, Russia expression as such has been recognised as a and Turkey. Freemuse also registered on average fundamental human right. Yet, the violations of two attacks on film artistic freedom per week. people’s right to express themselves through different art forms have been constantly registered These figures, as well as our constant monitoring, in different corners of the globe, while artists are show that the culture of silencing artists has been physically attacked, prosecuted, detained and in continuously present in different forms in countries other ways intimidated because of the content of of both the Global North and South. Some of the their artwork. most severe violations of artistic creativity in 2018 occurred in those autocratic countries which The State of Artistic Freedom report is a research systematically limit freedom of expression, while publication produced annually by Freemuse through their citizens are, contrary to the international analytical examination of documented cases of human rights standards, exposed to unlawful violation of artistic freedom. This year’s edition prosecution, arbitrary detention and other forms analyses 673 cases which occurred in different of intimidation and suppression. In other countries, cultural spheres in 80 countries throughout the 2018 the practice of stifling artists mainly appeared as calendar year. It identifies key challenges for artists’ a mechanism for alleged protection of state laws, freedom of expression and points out the violation public morals, and social and religious norms. patterns and trends. In addition, it provides analysis In these cases, different actors often misused of legal, political and social developments occurring national legislation by wrongfully limiting freedom in different countries which have significantly of expression or suppressing it in the name of the impacted the state of artistic freedom and creativity. defence of other human rights. In order to determine how violations of artists’ rights influenced their professional and personal life, this The state of artistic freedom in 22 countries in report also contains the findings acquired through different corners of the globe which Freemuse a number of interviews conducted with those who singled out for deeper analysis supports these were subjected to limitations of artistic freedoms. claims. These countries are: China, Croatia, Cuba, Egypt, Germany, Hungary, India, Iran, Israel, Nigeria, This report shows that the intolerance and violence Pakistan, Poland, Russia, Saudi Arabia, Serbia, against artists and all who have the right to freedom Spain, Tanzania, Turkey, Uganda, Ukraine, USA and of artistic expression has been widespread. Uzbekistan. They were identified in order to draw Freemuse documented that in 2018 four artists attention to alarming trends which occur in them: were killed—two in Pakistan, one in Brazil and one either because of the high number of documented in Bangladesh. A further 14 artists were attacked. violations or clear patterns of suppression of artistic At least 157 artists were imprisoned or detained freedoms. in 29 countries. Spain, Turkey and Russia jailed the highest number of artists in the Global North, The analyses provided in this report exemplify the 6 FREEMUSE targeting of artists on different grounds. Artists Finally, this report raises attention to the increase were subjected to physical attacks, prosecution, in censorship exercised by different social media imprisonment, fines, restricted mobility and platforms, as well as harassment artists are censorship either because of the content of exposed to in the digital space. The report points out their artwork or statements made during public the need for social media companies to revise their appearances or on social media. The top reason community guidelines so that they better align with artists were targeted was for expressing political international human rights standards. opinions in their country, mainly for being critical of governments. This trend was followed by stifling Upon comprehensive analyses of documented cases those who through their artworks challenged which occurred in 2018, Freemuse is concerned dominant social, cultural and religious norms. that many governments fail to respect freedom of artistic expression. In addition, in those cases where Freemuse also found that in Israel, Russia, Ukraine, violations were triggered by non-state actors—such India and Pakistan, freedom of artistic expression as religious authorities, fundamentalist groups and was heavily influenced by ongoing conflicts, while social media companies—state authorities are yet to China, Turkey and Azerbaijan censored artworks fulfil obligations in regard of prevention. outside their national borders. Apart from being censored, detained and prosecuted under anti- In line with the call for accountability for violations defamation laws, artists in at least nine countries of the freedom of artistic expression, in this report were silenced under counter-terrorism legislations Freemuse offers a number of recommendations and measures. Freemuse believes that