Today, more than thirty cultural institutions and human rights organisations around the world, including international arts, curators’ and critics’ associations, organisations protecting free speech rights, as well as US based performance, arts and creative freedom organisations and alliances, issued a joint statement opposing United States President Donald J. Trump’s immigration ban. Read the full statement below.
On Friday, January 27th, President Trump signed an Executive Order to temporarily block citizens of seven predominantly Muslim countries from entering the United States. This order bars citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days. It also suspends the entry of all refugees for 120 days and bars Syrian refugees indefinitely.
The organisations express grave concern that the Executive Order will have a broad and far-reaching impact on artists’ freedom of movement and, as a result, will seriously inhibit creative freedom, collaboration, and the free flow of ideas. US border regulations, the organisations argue, must only be issued after a process of deliberation which takes into account the impact such regulations would have on the core values of the country, on its cultural leadership, and on the world as a whole.
Representatives of several of the participating organisations issued additional statements on the immigration ban and its impact on writers and artists:
Helge Lunde, Executive Director of ICORN, said, “Freedom of movement is a fundamental right. Curtailing this puts vulnerable people, people at risk and those who speak out against dictators and aggressors, at an even greater risk.”
Svetlana Mintcheva, Director of Programs at the US National Coalition Against Censorship (NCAC), said, “In a troubled and divided world, we need more understanding, not greater divisions. It is the voices of artists that help us understand, empathise, and see the common humanity underlying the separations of political and religious differences. Silencing these voices is not likely to make us any safer.”
Suzanne Nossel, Executive Director of PEN America, said, “The immigration ban is interfering with the ability of artists and creators to pursue their work and exercise their right to free expression. In keeping with its mission to defend open expression and foster the free flow of ideas between cultures and across borders, PEN America vows to fight on behalf of the artists affected by this Executive Order.”
Diana Ramarohetra, Project Manager of Arterial Network, said, “A limit on mobility and limits on freedom of expression has the reverse effect – to spur hate and ignorance. Artists from Somalia and Sudan play a crucial role in spreading the message to their peers about human rights, often putting themselves at great risk in countries affected by ongoing conflict. Denying them safety is to fail them in our obligation to protect and defend their rights.”
Ole Reitov, Executive Director of Freemuse, said, “This is a de-facto cultural boycott, not only preventing great artists from performing, but even negatively affecting the US cultural economy and its citizens rights to access important diversity of artistic expressions.”
Shawn Van Sluys, Director of Musagetes and ArtsEverywhere, said, “Musagetes/ArtsEverywhere stands in solidarity with all who protect artist rights and the freedom of mobility. It is time for bold collective actions to defend free and open inquiry around the world.”
A growing number of organisations continue to sign the statement.
JOINT STATEMENT REGARDING THE IMPACT OF THE US IMMIGRATION BAN ON ARTISTIC FREEDOM
Freedom of artistic expression is fundamental to a free and open society. Uninhibited creative expression catalyses social and political engagement, stimulates the exchange of ideas and opinions, and encourages cross-cultural understanding. It fosters empathy between individuals and communities, and challenges us to confront difficult realities with compassion.
Restricting creative freedom and the free flow of ideas strikes at the heart of the core values of an open society. By inhibiting artists’ ability to move freely in the performance, exhibition, or distribution of their work, United States President Trump’s January 27 Executive Order, blocking immigration from seven countries to the United States and refusing entry to all refugees, jettisons voices which contribute to the vibrancy, quality, and diversity of US cultural wealth and promote global understanding.
The Executive Order threatens the United States safe havens for artists who are at risk in their home countries, in many cases for daring to challenge repressive regimes. It will deprive those artists of crucial platforms for expression and thus deprive all of us of our best hopes for creating mutual understanding in a divided world. It will also damage global cultural economies, including the cultural economy of the United States.
Art has the power to transcend historical divisions and socio-cultural differences. It conveys essential, alternative perspectives on the world. The voices of cultural workers coming from every part of the world – writers, visual artists, musicians, filmmakers, and performers – are more vital than ever today, at a time when we must listen to others in the search for unity and global understanding, when we need, more than anything else, to imagine creative solutions to the crises of our time.
As cultural or human rights organisations, we urge the United States government to take into consideration all these serious concerns and to adopt any regulations of United States borders only after a process of deliberation, which takes into account the impact such regulations would have on the core values of the country, on its cultural leadership, as well as on the world as a whole.
African Arts Institute (South Africa)
Aide aux Musiques Innovatrices (AMI) (France)
Alliance for Inclusion in the Arts (USA)
Arterial (Africa)
Artistic Freedom Initiative (USA)
ArtsEverywhere (Canada)
Association of Art Museum Curators and Association of Art Museum Curators Foundation
Association Racines (Morocco)
Bamboo Curtain Studio (Taiwan)
Cartoonists Rights Network International
Cedilla & Co. (USA)
Culture Resource – Al Mawred Al Thaqafy (Lebanon)
International Committee for Museums and Collections of Modern Art (CIMAM)
College Art Association (USA)
European Composer and Songwriter Alliance (ECSA)
European Council of Artists
Freemuse: Freedom of Expression for Musicians
Index on Censorship: Defending Free Expression Worldwide
Independent Curators International
International Arts Critics Association
International Network for Contemporary Performing Arts
The International Cities of Refuge Network (ICORN)
Levy Delval Gallery (Belgium)
Geneva Ethnography Museum (Switzerland)
National Coalition Against Censorship (USA)
New School for Drama Arts Integrity Initiative (USA)
Observatoire de la Liberté de Création (France)
On the Move | Cultural Mobility Information Network
PEN America (USA)
Queens Museum (USA)
Roberto Cimetta Fund
San Francisco Art Institute (USA)
Stage Directors and Choreographers Society (SDC) (USA)
Tamizdat (USA)
Vera List Center for Art and Politics, New School (USA)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1486570424977-7a30af48-045a-3″ taxonomies=”3784″][/vc_column][/vc_row]
[vc_row][vc_column][vc_column_text]H.E. Zeid Ra’ad Zeid al-Hussein
United Nations High Commissioner for Human Rights
Palais Wilson
52 rue des Pâquis
CH-1201 Geneva
Switzerland
CC: David Kaye, UN Special Rapporteur on Free Expression
Michele Forst, UN Special Rapporteur on Human Rights Defenders
Dear Mr. High Commissioner,
We, the undersigned human rights organizations, write to urge your office to urgently and publicly call on the Government of Bahrain to immediately and unconditionally release human rights defender Nabeel Rajab and drop the charges against him. His next, and likely final, trial date is scheduled for 28 December.
Nabeel Rajab’s trial is ongoing following the fifth extension of his court proceedings on 15 December. The further delay of Rajab’s trial to late December is additionally concerning due to the precedent established by the Bahraini government to take advantage of the time period around the end of year holidays to further violate human rights. For example, on 28 December 2014, the Government of Bahrain arrested and charged Sheikh Ali Salman, the Secretary General of the now dissolved Al-Wefaq political society, in relation to his free expression. Salman continues to serve a nine-year arbitrary prison sentence following his own lengthy trial.
This December, Nabeel Rajab could face up to 15 years in prison on charges regarding tweets and re-tweets from his account addressing torture in Bahrain’s Jau Prison, as well as criticizing Bahrain’s participation in Saudi Arabia-led military operations in Yemen. These military actions in Yemen, according to the United Nations, have so far been responsible for the deaths of more than 8,100 civilians, and include numerous unlawful airstrikes on markets, homes, hospitals, and schools. Rajab’s comments on Twitter about the Saudi-led coalition airstrikes in Yemen led to his arrest on 2 April 2015. Bahrain’s penal code provides for up to 10 years in prison for anyone who “deliberately announces in wartime false or malicious news, statements or rumors.”
Since June 2016, Rajab has been held in pre-trial detention, including two weeks of solitary confinement following his initial arrest.
Bahraini authorities released Rajab on 13 July 2015 in accordance with a royal pardon for previous Twitter-related charges following extensive international pressure. However, the Public Prosecution maintained this second round of charges against Rajab following his release and ordered his re-arrest nearly a year later on 13 June 2016. Rajab is also facing charges of “offending a foreign country” – Saudi Arabia – and “offending national institutions” for his comments about the torture of inmates at Jau Prison in March 2015. In October 2016, after months of trial hearings, the court reopened his case for investigation rather than dismissing the charges against him due to the lack of evidence.
Moreover, the government brought an additional charge against Rajab in relation to an open letter published in the New York Times on 4 September 2016. The Bahraini authorities immediately responded by charging Rajab with “undermining the prestige of the state.”
Since June 2016, Rajab has been held in pre-trial detention, including two weeks of solitary confinement following his initial arrest. The United Nations Standard Minimum Rules for Non-Custodial Measures state that “pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim.” The government’s use of pretrial solitary confinement against Nabeel Rajab while prosecuting him for free expression is clearly an additional form of reprisal for his work as a human rights defender and is in breach of the UN’s standards for detention.
Nabeel Rajab is the co-founder and president of the Bahrain Center for Human Rights, the founding director of the Gulf Center for Human Rights, a Deputy Secretary General of the International Federation for Human Rights (FIDH) from 2012 to 2016, and holds advisory positions with Human Rights Watch. Amnesty International considers him to be a prisoner of conscience. His human rights activism and his peaceful criticism of the Bahraini authorities have resulted in his imprisonment on two previous occasions, between May 2012 and May 2014, and between January 2015 and July 2015.
Mr. High Commissioner, your office has pursued and published a number of communications in relation to human rights abuses perpetuated against Nabeel Rajab. Yet with his likely final court appearance approaching, it is imperative, now more than ever, to use the weight of your office to publicly defend him. We therefore call on you to issue a public statement in defense of Nabeel Rajab as a human rights defender arbitrarily detained for his free and peaceful expression. We further urge you to publicly call on the Government of Bahrain to immediately and unconditionally release Rajab, and to drop all charges against him.
Sincerely,
Americans for Democracy & Human Rights in Bahrain
Albanian Media Institute
Amnesty International
Article 19
Association of Caribbean Media Workers
Bahrain Center for Human Rights
Bahrain Human Rights Society
Bahrain Institute for Rights and Democracy
Bahrain Press Association
Brazilian Association for Investigative Journalism
Cambodian Center for Human Rights
Canadian Journalists for Free Expression
Center for Media Studies & Peace Building
CIVICUS: World Alliance for Citizen Participation
Digital Rights Foundation
Electronic Frontier Foundation
English PEN
European-Bahraini Organisation for Human Rights
European Center for Democracy and Human Rights
Foro de Periodismo Argentino
Foundation for Press Freedom – FLIP
Free Media Movement
Freedom Forum
Freedom House
Free Media Movement
Globe International Center
Gulf Centre for Human Rights
Independent Journalism Center – Moldova
Index on Censorship
International Federation for Human Rights (FIDH), within the framework of the Observatory for the Protection of Human Rights Defenders
International Press Institute
International Service for Human Rights
Journaliste en danger
Maharat Foundation
MARCH
Media, Entertainment and Arts Alliance
Media Institute of Southern Africa
Media Watch
National Union of Somali Journalists
No Peace Without Justice
Norwegian PEN
OpenMedia
Pacific Freedom Forum
Pacific Island News Association
Palestinian Center for Development and Media Freedoms – MADA
PEN American Center
PEN Canada
PEN International
Reporters Without Borders (RSF)
South East European Network for Professionalization of Media
Vigilance pour la Démocratie et l’État Civique
World Association of Newspapers and News Publishers
World Organization Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
Burkinabe rapper and activist with Le Balai Citoyen, Smockey, became the inaugural Music in Exile Fellow at the Index on Censorship Freedom of Expression Awards in April 2016. In July his recording studio, the lionised Studio Abazon, was destroyed in a fire.
“All my music files since 2001, including my master tapes and those of my productions and clients, were lost,” Smockey told Index on Censorship. “I was working on the album of a young rapper named Balla, volume three of my compilation called La Part des Ténèbres and original music for a mobile phone service product – all gone.”
Two months on, it still isn’t clear what caused the blaze. “I don’t have any news about ongoing investigations, so all I know is that anyone could have caused it apart from me,” he said.
Studio Abazon was impossible to insure due to a September 2015 firebomb attack by forces loyal to Burkina Faso’s ousted president, which destroyed the studio. Having recently finished rebuilding in the months before the fire, Smockey said he is obliged to do so again. “But this time I will build it underground to make it more secure.”
Some of Smockey’s friends have launched a crowdfunding campaign to raise funds for the studio and the rapper said he would welcome all the help he can get.
When he last spoke with Index, Smockey was writing tracks for his new album. Plans to record have now been put on hold.
Still, the setback hasn’t put the rapper off performing. He recently played to packed gigs in Switzerland, Germany and Belgium, where he took part in the Esperanzah! music festival. In October he will take the stage in his home country at the Waga Hip Hop Festival. In November he will return to Germany — for appearances in Berlin and Munich — and Switzerland. In December, he will perform in Spain.
Le Balai Citoyen, which Smockey co-founded, is a grassroots political movement which helped bring to an end the three-decade rule of former president Blaise Compaoré. It is currently involved in a new project to build a memorial for the late revolutionary Burkinabe leader, and hero of Smockey’s, Thomas Sankara. To raise funds and awareness for the memorial, Smockey will soon perform at Revolution Square, where up to a million people had gathered to demand Compaore’s resignation in 2014.
“We are just nine months past the insurrection, so now is a good time for the memorial,” Smockey told Index. “Seeing it every day in the city would help put pressure on those in power — those who think they can manipulate us but are mistaken — to do their job.”
Rehabilitating the memory of Sankara – who was overthrown and assassinated in a coup d’état led by Compaoré in 1987 – is, therefore, an important part of bringing about of justice for all affected by the crimes of the former regime, Smockey said.
The former prime minister of Burkina Faso, Luc-Adolphe Tiao, who was appointed by Compaoré, was this month charged and jailed for murder. Smockey welcomes this as a step forward for the country.
“We encourage everyone who is implicated in these crimes to stand before justice in this country, at least because we have a certain sense of honour,” he said. “Burkina Faso literally means the land of men with integrity, so we would like to trust the justice of our country.”
Le Balai Citoyen is now working with a coalition of seven other organisations, collectively called Ditanyè, to tackle the challenges facing the country and to preserve “the positive gains from the revolution,” Smockey added.
Looking forward, he understands the country must have priorities and the courage to define them. “After justice, which is necessary for reconciliation, we have to work on the economic recovery and jobs for young people,” he said. “We want to work now.”
Nominations are now open for 2017 Index on Censorship Freedom of Expression Awards. You can make yours here.
Winners of the 2016 Freedom of Expression Awards: from left, Farieha Aziz of Bolo Bhi (campaigning), Serge Bambara — aka “Smockey” (Music in Exile), Murad Subay (arts), Zaina Erhaim (journalism). GreatFire (digital activism), not pictured, is an anonymous collective. Photo: Sean Gallagher for Index on Censorship
Nabeel Rajab, Bahrain Center for Human Rights, – winner of Bindmans Award for Advocacy at the Index Freedom of Expression Awards 2012 with then-Chair of the Index on Censorship board of trustees Jonathan Dimbleby
Rights groups wrote to the governments of 50 states urging them to publicly call for the release of Bahraini human rights defender Nabeel Rajab, who faces up to 15 years’ imprisonment for comments he made on Twitter. Last week, Bahrain brought the new charge of “defaming the state” against him, after an op-ed was published under his name in TheNew York Times.
The letter from 22 NGOs, including Human Rights Watch and Amnesty International, urges the 50 governments to “speak out on Bahrain’s continued misuse of the judicial system to harass and silence human rights defenders, through charges that violate freedom of expression.”
Sayed Ahmed Alwadaei, Director of Advocacy, BIRD: “The Bahraini state is an enemy to the internet and free speech and must be condemned as such by the international community. Bahrain is committing a crime by prosecuting human rights defenders. A strong, clear message can save Nabeel Rajab from a 15 year prison sentence.”
Among those addressed are the governments of France, Switzerland, the United Kingdom and the United States. While the US State Department called for Nabeel Rajab’s release on 6 September, other governments have not done so. The 50 states addressed in the letter are all previous signatories of statements at the United Nations criticizing Bahrain’s ongoing human rights violations and calling for progress.
The Foreign & Commonwealth Office has urged “the Bahraini authorities to respect the rights of all its citizens, and call on them to protect the universal rights of freedom of expression.”
The UN High Commissioner for Human Rights, Prince Zeid bin Ra’ad Al-Hussein, used his opening statement at the 33rd Human Rights Council this week to raise concern over Bahrain’s harassing and arresting human rights defenders. He cautioned Bahrain: “The past decade has demonstrated repeatedly and with punishing clarity exactly how disastrous the outcomes can be when a Government attempts to smash the voices of its people, instead of serving them.”
Nabeel Rajab, the President of the Bahrain Center for Human Rights, has been held in pre-trial detention since 13 June. During this time he has been held largely in solitary confinement, and his health has deteriorated as a result. Since 2011, Nabeel Rajab has faced multiple prosecutions and prison sentences for his vocal activism. He was subjected to a travel ban in 2014 and has been unable to leave the country.
In his current trial, Nabeel Rajab faces charges including “insulting a statutory body”, “insulting a neighbouring country”, and “disseminating false rumours in time of war”. These are in relation to remarks he tweeted and retweeted on Twitter in 2015 relating to torture in Bahrain’s Jaw prison and the role of the Saudi Arabian-led coalition in causing a humanitarian crisis in Yemen.
Most recently, on 5 September Rajab was charged with “deliberate dissemination of false news and spreading tendentious rumours that undermine the prestige of the state and its stature” for an op-ed he wrote to the New York Times. In it, Rajab asked the US authorities: “Is this the kind of ally America wants? The kind that punishes its people for thinking, that prevents its citizens from exercising their basic rights?”
Husain Abdulla, Executive Director, Americans for Democracy & Human Rights in Bahrain: “This has been another test for Bahrain’s attitude to free expression and it failed it once again. Bahrain has zero respect for free speech. Nabeel Rajab should never have been prosecuted, it is that simple. We want to see the international community take public action against Bahrain’s flagrant disregard of human rights.”
Bahrain was named an Enemy of the Internet by Reporters Without Border in 2014 and is a bottom scorer in Freedom House’s Freedom of the World report. Both RSF and Freedom House are signatories of today’s letter to 50 states.
Nabeel Rajab’s next court session has been set for 6 October, when he is expected to be sentenced.
The Bahrain Institute for Rights and Democracy wrote to British Foreign Secretary Boris Johnson on 7 September urging public action on Nabeel Rajab.
On 2 September, 34 NGOs wrote a letter to the King of Bahrain calling for Nabeel Rajab’s release.
In August, as part of an initiative organised by Index on Censorship, leading writers wrote a letter to British Prime Minister Theresa May asking the UK government to call on Bahrain, their ally, to release Nabeel Rajab. They included playwright David Hare, author Monica Ali, comedian Shazia Mirza, MP Keir Starmer and Nobel laureate Wole Soyinka.
