17 Mar 2014 | News and features, Religion and Culture, Young Writers / Artists Programme

A few weeks ago, 13,000 writers swarmed Seattle for the annual Association of Writers and Writing Programs conference. In the seaport city known for its ideal reading (and writing) weather — and home to poet Maged Zaher — writers filled hotel rooms and bars. On official panels they debated the state of contemporary literature, and at offsite readings and parties, they celebrated the written word.
The song of the nightingale / Is not up for sale
Ziba Karbassi, Gravequake
On the other side of the hemisphere, Ziba Karbassi doesn’t need to attend a conference to know what contemporary literature looks like. Born in 1974 in Tabriz, Iran, this rising star of Persian poetry, who also writes in her first language of Azeri Turkish, has been living in exile in London since leaving her country in 1989. Karbassi has published eight books of poetry in Persian, and with Stephen Watts, she has translated much of her work into English.
Taken from an incident close to the author’s family in the 1980s, her poem “Death by Stoning” depicts a young pregnant woman taken to prison, tortured, and stoned to death:
I am not a scaffold to be toppled
not a felled tree to be sunk in the flood
I am only a bag of bones and skin
smashed about
The heavy consonants in the nouns and adjectives and the scattered form of the poem demonstrate the mother-to-be’s “anguished, loving, and crazed” state of mind. “Death by Stoning” shows how poetry can give us a view into worlds distant from — but not entirely unlike — our own. Poetry can also play a part in shaping our world.
After the US invasion of Iraq by the Bush administration in 2003, over 13,000 poets rallied in the global movement Poets Against the War. During Occupy Wall Street in the autumn of 2011, poets from around the world contributed to the People’s Library in Zuccotti Park to form a living, breathing, inclusive anthology of the moment. At Occupy Oakland’s Port Shutdown on 2 November, 2011, there was a strong poets’ contingent, and when protestors in Cairo marched on Tahrir Square in solidarity with Occupy Oakland, the meme “Don’t Afraid” from one protestor’s sign quickly became a poetic rallying cry for Oaklanders.
But for artists as for whistleblowers — especially those working against repression, colonialism, and the destruction of the environment by big business — exercising free speech, online or off, can still lead to worst-case scenarios of exile, as in Karbassi’s case, and execution, as friends, relatives, and fans of Arab-Iranian poet Hashem Shaabani can attest to.
What! Graveyard? Fear? Are you kidding? You’re kidding, right?
Gravequake
Karbassi, however, is not afraid of expressing herself, and poets continue to organise, as manifested at the Revolution and/or Poetry conference in the San Francisco Bay Area in October 2013.
Our poetry is not exactly our politics, and our politics are not necessarily our poetry, but the line between them is blurry and easily crossed. Poetry remains a relatively free space: there are plenty of freely accessible journals on the internet; house and salon-style readings are growing in and around urban centres; anyone could submit to the Occupy Wall Street anthology, and all submitted poems were accepted. The art form remains a hopeful space for full participation in cultural and everyday life, whether we gather at conferences or in the streets — or both.
This article was posted on March 17, 2014 at indexoncensorship.org
17 Mar 2014 | News and features, Politics and Society, Rwanda

Flowers at the Rwandan Genocide Memorial in Kigali Photo: Shutterstock
April 2014 marks the twenty year commemoration of the Rwandan Genocide that saw over one million Rwandans killed in less than one hundred days. The genocide demonstrated, in brutal terms, how societal divisions could be politicised, and ultimately militarised, to reach political ends. But in the years that have followed, the peace that has emerged is one defined by consolidated state control.
There are reasons to be optimistic. As well as the 2012 revision of the Access to Information law and the softening of the ‘genocide ideology’ legislation, in 2013 the Media Law was reformed. One key improvement is the recognition of self-regulation, as opposed to state-led control, as the primary regulatory framework for media houses and journalists, as well as a number of steps to present the media as both a professional and inclusive entity. These are bold steps forward to both enable and strengthen the media’s capacity to hold the state to account.
The reforms, however, left a number of key restrictions intact. Both Freedom House and Article 19 comment on the continued existence of requiring state approval for the launching of new outlets, as well as state-led definitions of legal duties required of journalists. Concerning the latter, Article 19 goes on to state that there is “a lack of clarity in the law about exactly who will enforce these obligations.”
When it comes to analysing both the events and legacy of 1994, the state remains prominent. Freedom House, in their 2013 Freedom on the Net summary, identified that the “Government-run Media High Council systematically monitors all print and broadcast media coverage during the country’s annual genocide mourning period every April.” We will have to wait and see if this occurs in 2014, but the state apparatus appears flexible and fluid enough to adapt quickly to the changing face of journalism – Freedom House noted that April 2012 marked the advent of online and social media monitoring.
In the monitoring report from 2012, the Media High Council, while praising the media as a whole for its coverage of the commemoration, singled out BBC Gahuzamiryango, stating it “[disseminated] genocide ideological issues” with content such as:
I recognize the Genocide against Tutsi, and I pay tribute to killed Hutu as well; yet, they only commemorate Tutsi.”
The legacy of the genocide, while affecting every community – many Hutus were among those killed, no one was truly left untouched – is a narrative defined and controlled by the state.
One of the main aspects that enabled violence to spread across Rwanda so quickly in 1994 was how perceived divisions between Tutsis and Hutus could be co-opted by state mechanisms, militias, elders, community leaders and the media. But does a centralised state-led narrative, strengthened in part by the criminalisation of genocide ideology, confront this divisionism or, in fact, does it pit free speech and the legacy of the genocide at odds with each other?
Prior to these reforms, journalists and media outlets have faced a range of punitive measures, including fines, incarceration and, at times, violence – in 2012, a radio presenter was incarcerated for 3 months for mixing up the Kinyarwanda terms for “victims” with that of “survivors”. While the reforms go some distance to protect journalists and media outlets, the true test of these reforms lie in how the relationship between media bodies and the state is to be reconfigured.
There have been well-documented disappearances, attacks and assassinations of prominent Rwandan journalists, civil society leaders and opposition-leaders in exile. While there is limited evidence directly implicating the Rwandan state, key officials have made statements regarding the fate of a number of these targets. In January 2014, this message was posted on the official twitter account of the Rwandan presidency, after the assassination of Patrick Karegeya, former head of Rwanda’s external intelligence services:
Those who criticize Rwanda know how far they go to protect their own nation.
This nexus between ‘criticism’ and national security, illuminating the ghost of 1994, offers a dangerous precedent for journalists and media houses. Criticism cannot divide the state and the media. If the move towards self-regulation is to fulfil its promise, the reform’s implementation is of utmost importance. Instead of feeling the need to be protected from the state, to be able to properly hold the state to account, the media needs to feel protected by the state.
No community was left unaffected by the events of 1994. Indeed its lingering effect is still felt across the entire region. These reforms are a positive step forward, empowering the media to take an active role in building dialogue and facilitating debate on the events and legacy of 1994. But as self-regulation establishes a foothold, how the state reacts to it will determine the true nature of media freedom in Rwanda for this year’s commemoration and all those that follow.
This article was posted on 17 March 2014 at indexoncensorship.org
14 Mar 2014 | India, News and features, Religion and Culture
“The book, which is out of stock with us, shall not be reissued until the concerns are addressed for an acceptable resolution of the whole matter,”- says a 10 March statement from Aleph Book Company, publisher of Wendy Doniger’s “On Hinduism”.
A panel of four independent scholars will review the book, and then parley on equal terms with Dina Nath Batra, the same person who vanquished Doniger’s previous book “The Hindus: An Alternative History”.
Aleph’s optimism about some amicable solution is misplaced. Emboldened by Penguin India’s surrender the first time round, Dina Nath Batra’s second onslaught was more strident, and if examined critically, his claims, more preposterous. And nothing in his conduct permits one to hazard a guess about ceding even an inch of territory.
The legal notice slapped by Batra is a bullying rag, littered with random phrases and sentences which cannot be strung together by any stretch of logic. Parsing it, one gets to know how hurtful and offensive the “sexual thrust” of Doniger’s “titillating sexual tapestry” is. In her book which Aleph hails as a “magisterial volume”, a “scholarship of the highest order, and a compelling analysis of one of the world’s great faiths”, Doniger talks about Brahmin men’s monopolisation of Sanskrit, their oppression of women and Dalits (Untouchables), and a religious philosopher’s exhortation to overthrow the caste system and shatter the taboo against beef consumption. Then there is this limerick, whose truth many Indians would grudgingly testify to:
A Hindu who didn’t like kama
Refused to take off his pajama,
When his bride’s lustful finger
Reached out for his linga
He jumped up and ran home to Mama.
Batra and his acolytes’ litany of complaints can go on, and one can continue harping on Hinduism’s inherently pluralistic and tolerant character. But, now the crux of the problem is something different. The bigoted Hindus claim they are “law-abiding citizens” and have only sought to enforce the protection provided by the law, and even Penguin tried to hide behind the charade of “we respect the law of the land”. Which should naturally lead one to inquire -– what do the legal provisions say, and how have the courts interpreted them over the years?
Censorship mavens as “Law-abiding citizens”? Not really.
At first blush, it might seem that Sections 295A, 298, and 153A of the Indian Penal Code demonstrate excessive solicitude for hurt religious sentiments, shut out any independent critical inquiry and punish satire. However, “deliberate and malicious acts intended to outrage” remains an essential ingredient, and this remains the pivot on which freedom of expression rests. Agreed that Doniger’s telling of the scriptures does employ biting satire, and some of her statements are indeed tongue-in-cheek. Because she challenges the hegemonic interpretation of the self-appointed custodians of the faith, they accuse her of gratuitous provocation and making scurrilous statements.
Fortunately, the law takes a different view, and quite assertively so. Indian courts have a long tradition of protecting and upholding the right to express contrarian views on religion and the scriptures.
In 1924, a pamphlet titled Rangeela (“colourful”, in Hindi) Rasul, claiming to describe the real events of Prophet Mohammed’s life did the rounds in pre-Partition Punjab. Muslims were livid, a communal conflagration seemed imminent, but the Punjab High Court upheld the writer’s right to freedom of expression. Section 153-A, the court held, was intended to prevent riotous attacks against members of a particular religious community, and not to bar polemics, even if the remarks were undoubtedly satirical and scurrilous.
When in 2001 the government proscribed posters depicting the Ram Katha (an alternative narrative of the Ramayana) in the Buddhist and Jain traditions, the Delhi High Court put its foot down on not allowing free speech to be trampled by insular bigotry. Regarding the use of stray passages to demand censorship, the Delhi High Court’s 2001 judgement is illuminating. A single phrase — “that militant Ram used to stoke Hindu Muslim hatred in India today” from a documentary on the Ramayana was picked on by the censors. Not only did the court provide a judicial shield to diversity of interpretations, it asserted that random passages are insufficient to justify restrictions on free speech. Any restriction must be justified “on the anvil of necessity and not on the quicksand of convenience or expediency,” or on the unsubstantiated apprehensions of communal violence.
It would be partially speculative to single out all the real or purported reasons for Penguin’s surrender. But to exonerate bigots on the basis of their disingenuous claim of adhering to the law would set a pernicious precedent, paving the way for more books to be “pulped” and authors to be silenced.
This article was published on 14 March 2014 at indexoncensorship.org
14 Mar 2014 | Asia and Pacific, News and features, Pakistan

(Image: Aleksandar Mijatovic/Shutterstock)
The Council of Islamic Ideology (CII) have pronounced that laws prohibiting child marriage in Pakistan are un-Islamic. The move has been slammed by a coalition of over a hundred Islamabad-based civili society organisations, who have labelled it a violation of Pakistani women’s and girls’ fundamental human rights. The CII is a constitutional body but its advice is non-binding on both the government and the parliament.
The CII’s declaration on early marriage follows hot on the heels of another controversial proclamation by its chairman Maulana Mohammad Khan Sheerani, saying that the current law requiring a man to seek written permission from his wife before contracting a second marriage should be amended.
Experts see these the CII’s priorities skewed at a time when the country is already reeling from an extremist onslaught for which there has been little condemnation from the same quarters. Instead, it has found fit to pick on issues that had long been settled and accepted by the Pakistani society.
“We are not conspiracy theorists, but are forced to wonder why such deliberately anti-women/girls advice comes now, 53 years after the Muslim Family Law Ordinance, 1961, was promulgated?” asked a group of civil society organisations, including Women Action Forum and Pakistan Reproductive Health Network, in a joint press release. The CII’s advice, it stated, came at a “critical juncture”, when the government was holding talks with the Taliban.
“Does the government wish to further appease and placate the bloodthirsty killers of 60,000 Pakistanis with further Islamisation and shariatisation measures? If so, why does the so-called Islamisation begin and end only with a violation of Pakistani women’s and girls’ fundamental human rights, enshrined in the unanimously endorsed constitution, and even before that, inherent in our humanity?” the statement read.
“This shows a mindset that is regressive,” says rights activist and documentary film maker Samar Minallah, who has worked extensively on highlighting traditions like Vani (women and girls given in marriage to hostile families as compensation for a relative’s crime to end feuds) and child marriage.
“It shows how Islam continues to be misinterpreted and distorted for political reasons,” Minallah continued, adding: “The shocking part is that the parliamentarians reinforce this mindset by remaining silent. It is a deliberate effort to create confusion and degrade women.”
Rafia Zakria, a lawyer and regular Dawn columnist, fears this may well legalise child abuse. She argues CII’s edict is unacceptable because “there are many Islamic scholars who have issued rulings opposing child marriage, highlighting the contractual aspect of Islamic marriage and the fact that minors cannot give consent hence making such marriages prima facie unacceptable.”
Zakaria also points out that Pakistan has ratified and signed several international treaties underscoring the necessity of protecting children especially girls. “Cumulatively it will serve to substantiate stereotypes about Pakistan as a country that cannot respect the rights of women and children, and which is oriented backwards into ignorance as opposed to forward into enlightenment.”
“Health consequences of early marriage are grave and many,” explains Dr Farid Midhet who heads the Maternal and Child Health Integrated Program (MCHIP) in Pakistan for USAID.
The adolescent girl, he says, is incapable of fully understanding and bearing the burden of pregnancy and childbirth. “Probability of maternal death and neonatal death is significantly higher in the early ages (under 20 years).” Having worked in the field and with communities, Midhet says premature births and congenital abnormalities are higher among births to young mothers. In addition, he finds, there is an increased risk of malaria, sexually transmitted diseases and cervical cancer among women who marry early.
Apart from the physiological toll early marriage takes on a young girl, the social consequences are as grave. “Early marriage denies the girl child her right to education, bonding with her peers, personality development and mature thinking. Young girls are almost always married against their wishes, or they are unable to fully understand and give consent for the marriage,” he said.
And so Midhet feels it is important for public health experts to voice their concerns by “making a case against early marriage, listing the social, health, economic and religious factors, and then approach the CII (or other scholars/institutions) to request them to declare, or at least recommend, that girls must not be married while they are in puberty, and that delaying marriage is not against Islam.”
In their statement, the civil society coalition has urged the government to abolish CII and in the meantime replace chairman Maulana Mohammad Khan Sheerani with someone who is “educated, enlightened, progressive and a real Islamic scholar”. It also demanded that the government ensure at least 50 percent of CII members are female and 5 percent non-Muslims.
This article was posted on 14 March 2014 at indexoncensorship.org