Artist Alert April 2009

Artist Alert
April 2009

Art, in any form, constitutes a key medium through which information and ideas are imparted and received. Artist Alert, launched by ARTICLE 19 in 2008, highlights cases of artists around the world whose right to freedom of expression has been curtailed and abused, and seeks to more effectively promote and defend freedom to create.

In March 1959 an invitation to the Dalai Lama to attend a military theatrical performance sparked protests by an estimated 300,000 demonstrators in Lhasa, all concerned that the show would be a cover giving the Chinese army a chance to “disappear” the young leader. 50 years later in March 2009 whilst the Dalai Lama has been in exile for almost half a century, artists in Western China and Tibet still face widespread abuse, censorship and detention.

Tibet and China: numerous artists detained and censored

Editor Kunchok Tsephel Gopey was arrested in Gansu province at the end of February and his website Chomei (The Lamp) temporarily closed down.

Chomei (www.tibetcm.com) has been written entirely in Tibetan languages and aims to raise awareness of art and culture in Tibet, providing a valuable forum for poets and artists to express themselves creatively. According to Reporters sans Frontières, Chomei has been regularly censored by the authorities since 2005.

Leading rock band Oasis has been blocked from playing concerts in China due to their previous support for the organisation Free Tibet. Concerts planned for Shanghai and Beijing were cancelled in March 2009 by their promoters after it became known that lead singer Noel Gallagher had performed in 1997 at a concert raising money for the campaigners for a free Tibet.

The cancellation follows a 2008 concert where singer Bjork allegedly shouted “Tibet Tibet!” and confirms rules that ban performers from lyrics that could damage “national unity” or “stir up resentment”.

Jigme Gyatso, a monk who assisted director Dhondup Wangchen in the production of the 2008 film Leaving Fear Behind was also re-arrested in March and there are reports of his torture.

Leaving Fear Behind (www.leavingfearbehind.com) was created in the run-up to the Beijing Olympic Games and contains interviews with Tibetans about the impact of Chinese policies on Tibetans and Tibetan culture. Both Jigme Gyatso and Dhondup Wangchen have been detained since filming. Jigme was released for several months in October 2008, only to be re-arrested in March 2009.

20-year-old writer Kunga Tseyang was also arrested in Golok County on 17 March. Tseyang studies at the world famous Labrang monastery and the Institute for Higher Buddhist Studies and writes about Buddhism and Tibetan arts and culture. There has been no news of his whereabouts since.

These arrests are just part of a larger campaign by the authorities to suppress debate, including their earlier blocking of Tibet Culture website (www.tibetcul.com) and their jamming of radio stations broadcasting in Tibetan languages.

United Kingdom: visa denials for artists

Under the new points-based visa system for the United Kingdom, artists of all genres are repeatedly being denied access to the country because their artistic professions are not highly rated by the system. In the first quarter of 2009, three artists: Tenzing Rigdol from Nepal; Dmitry Vilensky from Russia; and Huang Xu from China, had their visa applications rejected by the UK Border Agency. All three had applied for their visas with firm support from the highly-regarded Rossi & Rossi Gallery, the Showroom Gallery and the October Gallery respectively.

According to the Manifesto Club, contemporary visual artists, musicians, academics, promoters, museum and gallery workers, a ballet company, tango enthusiasts, and international actors have all been refused entry.

Israel: Jerusalem Cultural Festival banned

Israeli Minister for Internal Security Avi Dichter banned the festival Capital of Arab Culture 2009 from taking place in East Jerusalem in March.

The festival was due to take place over a whole year but Israeli police intervened to stop all future proceedings, despite East Jerusalem being outside of Israel’s legal jurisdiction.

20 people were reportedly arrested for being associated with the event and Agence France Presse stated that Israeli police confiscated flags and detained university employees distributing t-shirts advertising the festival.

Russia: exhibitors arrested for “insulting Christians”

Russians Yurii Samodurov and Andrei Yerofeev were charged in April 2009 by the Taganskii District Prosecutor for curating an exhibition that, in the words of the Prosecutor, was “clearly directed towards expressing in a demonstrative and visible way a degrading and insulting attitude towards the Christian religion in general and especially towards the Orthodox faith.”

The exhibition, which was entitled Forbidden Art, took place at the Sakharov Museum in March 2007 and included work by well-known contemporary artists such as Ilya Kabakov, Aleksandr Kosolapov, Aleksandr Savko, Mikhail Roginskii and the group Blue Noses.

Despite the fact that Russia is a secular state, where everybody is guaranteed the freedom to disseminate religious or atheist views, Samodurov and Yerofeev face prison terms of up to five years.

Lebanon: homelessness, prostitution and sexuality censored

Mark Abi Rached’s film HELP! was banned just four days after its release in Lebanon, despite being previously approved by the officer in charge of censorship.

HELP! addresses sex, prostitution, sexuality, homelessness and drugs in Lebanon and originally received firm approval from the authorities. Although given authorisation to be screened, a later bureaucratic change was introduced by a new censorship officer who revoked approval at the last minute. According to the Center for Defending Media and Cultural Freedoms in Beirut, the banning of the film was the result of complaints received from various Catholic institutions over the film’s content and its alleged effect on public morals.

World: STAR TV censors “gay” in Oscars

News Corporation-owned STAR TV cut sound during several references to homosexuality in the live broadcast of the 2009 Oscar awards ceremony. STAR TV is a privately owned satellite and cable channel that broadcasts mostly in Asia.

Dustin Lane Black, screenplay writer for the film Milk was cut when he said, “I think would want me to say to all the gay and lesbian kids out there tonight ... that you are beautiful, wonderful creatures of value, and that no matter what anyone tells you, God does love you.”

Later, Sean Penn, Oscar winner in the best actor category, was also censored saying, “For those who saw the signs of hatred [in an anti-gay protest outside] as our cars drove in tonight, I think it's a good time for those who voted for the ban against gay marriage to sit and reflect on their great shame and their shame in their grandchildren's eyes if they continue that support”

The television channel has an estimated audience of 300 million people in 54 countries around the world, particularly in Asia, and STAR TV spokesman answered in response to complaints that STAR has “a responsibility to take the sensitivities and guidelines of all our markets into consideration”.

Thailand: Harry Nicolaides free at last

Author and academic Harry Nicolaides was released in March 2009 from prison in Thailand by royal pardon following a long campaign by Thai and international organisations, including ARTICLE 19. Nicolaides was imprisoned for three years under lese majeste legislation after writing a historical book on the Thai monarchy. ARTICLE 19 has highlighted Nicolaides’ case and the effects of lese majeste legislation upon artists in a number of previous publications.

NOTES TO EDITORS:

• For more information: please contact Oliver Spencer, oliver@article19.org, +44 20 7278 9292

Defending the Right to Express Sexual and Gender Identity

Defending the Right to Express Sexual and Gender Identity

On the occasion of 17 May, International Day against Homophobia and Transphobia, ARTICLE 19 announces the launch of a new project on freedom of expression, and sexual and gender identity. This year, ARTICLE 19 will work with lesbian, gay, bi-sexual and transgender (LGBT), and freedom of expression activists to raise awareness about the expression of sexual identity, and produce an advocacy manual highlighting principles and policies on the application of international freedom of expression standards and best practices in relation to sexual and gender identity. ARTICLE 19 firmly believes that freedom of expression standards and principles can and should be used to further advance and protect the rights of LGBT.

Human rights violations targeted toward persons because of their actual or perceived sexual orientation or gender identity constitute an entrenched global pattern of serious concern. They include extra-judicial killings, torture and ill-treatment, sexual assault and rape, invasions of privacy, arbitrary detention, denial of employment and education opportunities, and serious discrimination in relation to the enjoyment of other human rights. For example, access to information on issues of particular importance to LGBT people, including health services and legal rights, may be restricted. The legacy of systematic discrimination has a chilling effect on the right to freedom of expression.

Often enough, these violations are triggered by the expression of sexual identity. Whenever people suppress their identity, for fear of abuse, they are exercising a form of self-censorhip which goes against the principles of free expression.

“On the occasion of the International Day against Homophobia and Transphobia on 17 May, ARTICLE 19 calls for full respect of the right to freedom of expression and right to equality of LGBT people around the world. Protecting and respecting the freedom of expression of LGBT communities that have been historically and globally marginalised and under constant discrimination and attacks, takes on a particular urgency. Attempts to silence individuals and groups on grounds of their sexual or gender identity weaken freedom of expression and the much needed plurality of voices in our societies. It also obstructs the collective and individual right to receive information, ideas, and opinions of all kinds without restriction,” says Dr. Agnès Callamard, ARTICLE 19 Executive Director.

ARTICLE 19 considers that the right to freedom of expression, the right to equality and the right to a life free of all types of discrimination are mutually supporting and reinforcing. They are also foundational rights, whose realisation is essential for the enjoyment and protection of all human rights. As comprehensively presented in ARTICLE 19’s Camden Principles on Freedom of Expression and Equality, freedom of expression is an important empowerment and enabling right that enables other rights to be protected and exercised.

ARTICLE 19 will run a first awareness-raising event and discussion on the expression of sexual identity among the freedom of expression community at the Global Forum of Freedom of Expression on 4 June in Oslo. Panelists include Romanita Iordache (an independent expert on anti-discrimination of LGBT of the European Commission and a chair of ACCEPT, a major human rights group focused on the rights of sexual minorities in Romania), Lawrence Mute (a Commissioner with the Kenya National Commission on Human Rights and international human rights expert), Parvez Sharma (Indian LGBT rights activist, writer and filmmaker, director of the movie A Jihad for Love that deals with Islam and homosexuality) and Darío Ramirez (human rights activist and the Director of ARTICLE 19 for Mexico and Central America).

The 4 June event will seek to both highlight the repeated violations of freedom of expression on the grounds of sexual orientation and the limited awareness and understanding within the human rights, freedom of expression and media sectors of freedom of expression as applied to sexual identity. The meeting will also elaborate recommendations for further expansion of principles and policies on the application of international freedom of expression standards in relation to sexual orientation and gender identity.

NOTES TO EDITORS:

• For more information: please contact Barbora Bukovska, Senior Director for Law, Barbora@article19.org Tel: +44 20 7278 9292
• For information on the Global Forum on Freedom of Expression: http://expressionforum.org/
• Article 19 of the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity establishes freedom of expression without limitations in relation to gender identity or sexual preference. It states that “Everyone has the right to freedom of opinion and expression, regardless of sexual orientation or gender identity. This includes the expression of identity or personhood through speech, deportment, dress, bodily characteristics, choice of name, or any other means, as well as the freedom to seek, receive and impart information and ideas of all kinds, including with regard to human rights, sexual orientation and gender identity, through any medium and regardless of frontiers.”

ARTICLE 19 Calls for Expansion of Freedom of Expression Rights to be Integrated into the New Draft Constitution of Kenya

ARTICLE 19 Calls for Expansion of Freedom of Expression Rights to be Integrated into the New Draft Constitution of Kenya

Today, ARTICLE 19 Kenya and East Africa, based in Nairobi, Kenya, submitted its comments to the Committee of Experts for the new Constitutional Review Process currently ongoing in Kenya. ARTICLE 19 welcomes the review process and calls on the Committee of Experts to ensure the new Draft Constitution of Kenya is in line with freedom of expression and information best practice and international standards, as laid out in Article 19 of the International Convention on Civil and Political Rights (ICCPR), which Kenya has signed and ratified.

The Constitutional Review Process seeks to improve the current Constitution of Kenya which was first developed in 1963, and amended in 1996. The current process to review the Constitution will be the third of its kind. The Committee of Experts is responsible for developing a new draft Constitution by 1 December 2009. The final draft is expected to be adopted by Parliament by 2 March 2010 prior to a constitutional referendum.

In its note to the Committee of Experts, ARTICLE 19 highlights the areas where guarantee of freedom of expression falls short of international human rights law and standards on the right to freedom of expression, the right to access information, and media freedoms.

ARTICLE 19’s recommendations to the Committee of Experts include:

• That the Committee should ensure that the new Draft Constitution of Kenya protects the right of freedom of expression, including the right to information, in compliance with international and regional human rights law and standards.
• That protection for the right to freedom of expression should be positive in nature – and should protect the right to seek, as well as to communicate and receive, information and ideas.
• That the Constitution should permit only restrictions on the right to freedom of expression, which are provided by law, and which are necessary in a democratic society to protect a limited list of stated interests, which do not go beyond those permitted under international law.
• That the Constitution should prohibit all prior censorship other than that which is strictly necessary to protect children.
• That the Constitution should also provide explicitly for the right to information.
• That the independence of bodies with regulatory or governance powers over the media should be explicitly protected in the Constitution.

ARTICLE 19’s note on the constitutional review is part of ARTICLE 19 Kenya and East Africa’s commitment to defend and strengthen the protection of freedom of expression and access to information within Kenya, as per the Machakos Declaration on Freedom of Expression agreed in April 2009 by Kenyan media, civil society and human rights bodies.

NOTES TO EDITORS:

• For more information: please contact Roxanne Abdulali, Africa Programme Officer, roxanne@article19.org, +254 20 3862230/1
• The note is available in English at: http://www.article19.org/pdfs/analysis/note-on-the-existing-kenyan-constitutional-provisions-on-freedom-of-expressi.pdf

Government’s Vision for Digital Bangladesh Must Include Community Radios

Bangladesh Must Include Community Radios

As part of its vision for Digital Bangladesh, the Government of Bangladesh has committed to issuing licenses for community radio stations.

Yeafesh Osman, Minister for Science and Information and Communication Technology (ICT), said: “I can assure you that the government will be issuing licenses for community radio soon. This will be a major step towards achieving the government’s vision for a Digital Bangladesh.” Osman was speaking during an interview with a community radio station broadcasting from an ARTICLE 19 and partner BNNRC exhibition stall at the World Telecommunication and Information Society Day event, held in Chittagong on 16-17 May.

As part of this event, ARTICLE 19 and partner organisation Bangladesh NGOs Network for Radio and Communication (BNNRC) promoted the theme of community radio and access to information through an exhibition stall and fully-fledged community radio station, broadcasting on FM.

The two-day event was organised by the Bangladesh Telecommunication Regulatory Commission (BTRC) and comprised a national seminar on “Digital Bangladesh” and “Vision 2021”, as well as an ICT exhibition displaying different information and communication innovations. With over 20 stalls, various ICT-based organisations took part in the event, including those promoting software, call-centres, internet services, telecommunication infrastructure services, video conferencing, mobile telecommunication services, vehicle tracking and community radio.

There was significant interest in the ARTICLE 19/BNNRC stall and visitors included Minister Osman, BTRC Chairperson Brigadier General (Retired) Zia Ahmed and Member of Parliament Akram Hossain Chowdhury.

“In a country like Bangladesh, low-cost tools and information technologies such as community radio will usher in a new era in promoting the right to information,” said Tahmina Rahman, ARTICLE 19 Bangladesh Country Director, in a live radio interview. “I hope the Government will take the necessary steps for speeding up the approval of licenses allowing for the first time, fully functional community radio stations in Bangladesh.”

NOTES TO EDITORS:

• For more information: please contact Tahmina Rahman, Director ARTICLE 19 Bangladesh; tahmina@article19.org; +0171-303-9669

ARTICLE 19 Calls on Yemeni Government to Improve its Draft Information Law

ARTICLE 19 Calls on Yemeni Government to Improve its Draft Information Law

Today, ARTICLE 19 released a Memorandum analysing the Yemeni government’s draft Information Law. Whilst welcoming the draft Law as a positive step towards protecting the right of access to information, the Memorandum highlights a number of significant shortfalls of the draft Law.

In particular, the Memorandum emphasises that the draft Law currently protects only the rights of Yemeni citizens to access information. It does not protect the right of access to information for all.

The draft Law also sets out a very broad range of exceptions, and excludes outright certain types or categories of information. It also provides very limited possibilities for appealing a decision not to release information and accords a high degree of discretion to the bodies covered by the draft Law.

ARTICLE 19 finds it especially troubling that the draft Law accords such significant power to the National Centre for Information, apparently established as both the hub and depositary of a national system to control information, and the regulator for the means and mechanisms for storing information at bodies covered by the scope of the law.

Finally, the draft Law provides for a series of very broadly defined offences and severe penalties in connection with violations of the draft Law.

ARTICLE 19 suggests a number of recommendations for the draft Law, including that all persons in Yemen should enjoy the right of access to information. Further, the draft Law should cover all bodies undertaking public functions; an independent and autonomous oversight body (such as an Information Commissioner) should be established; and a list of exceptions should be set out in precise and narrowly drawn terms.

ARTICLE 19 presented these recommendations at a workshop for Yemeni parliamentarians and journalists which was held in Sana’a on 5-8 May 2009. As part of the organisation’s ongoing engagement in Yemen, ARTICLE 19 will continue to work with stakeholders to achieve legal reform.

NOTES TO EDITORS:

• For more information: please contact Sejal Parmar, Senior Legal Officer at sejal@article19.org or +44 20 7278 9292.
• To view the Memorandum, go to: http://www.article19.org/pdfs/analysis/yemen-memorandum-on-freedom-of-information-draft-law.pdf

HELP SWAT VALLEY JOURNALISTS IN EXILE

HELP SWAT VALLEY JOURNALISTS IN EXILE

The Kyber Union of Journalists and Reporters Without Borders (RSF) are
appealing to fellow media and press freedom organisations to raise
emergency funds for Pakistan's journalists who have fled Swat Valley.

According to RSF, more than 30 journalists and their families have sought
refuge in Peshawar and other cities since the army launched its offensive
against the Taliban earlier this month.

No security measures have so far been taken that would enable the media to
resume operating in the valley.

"The humanitarian crisis is likely to persist so these funds must be seen
as just a first step paving the way for massive support for these
journalists, whose flight has left Swat Valley without media coverage,"
said RSF.

RSF has sent 5,000 Euros (US$6,800) in emergency funds that the Khyber
Union of Journalists will distribute to help meet housing, food and medical
care for journalists and their families.

To make a donation, contact RSF correspondent, Iqbal Khattak, at: khattak63
(@) gmail.com

Related stories on IFEX.org:
- Journalists flee Swat Valley:
http://www.ifex.org/pakistan/2009/05/13/swat_valley_flee/

More on the web:
- Emergency funds for journalists who have had to flee Swat valley fighting
(RSF): http://www.rsf.org/article.php3?id_article=31340

JOURNALIST SENTENCED TO THREE YEARS ON "DISRESPECT" CHARGES

CUBA: JOURNALIST SENTENCED TO THREE YEARS ON "DISRESPECT" CHARGES

A Cuban journalist has been sentenced to three years in jail on charges of
"disrespect for authority," report the Committee to Protect Journalists
(CPJ), the Writers in Prison Committee of International PEN (WiPC), the
Inter American Press Association (IAPA) and Reporters Without Borders
(RSF).

Albert Santiago Du Bouchet Hernández, director for the independent news
agency Habana Press, was arrested on 18 April just outside of Havana while
he was visiting relatives. The police claimed Du Bouchet Hernández was
shouting anti-government slogans in the street.

According to news reports, he was allegedly denied a fair trial, including
access to a lawyer. It is unclear if he is also facing charges for
distributing enemy propaganda.

Miriam Herrera, an independent journalist based in Havana who has spoken to
Du Bouchet Hernández since he's been jailed, told CPJ she believed he was
imprisoned in reprisal for his work - he had recently reported on social
issues.

The IFEX members are asking the Cuban government to make public the reasons
for Du Bouchet's arrest and imprisonment, and, if he is being charged for
the non-violent expression of his views, to release him.

Du Bouchet Hernández has previously been jailed on "disrespect"
("desacato") charges, say the members. He was arrested in August 2005 a few
months after covering the congress of the Assembly to Promote Civil
Society. The two-day gathering, unprecedented in Cuba, brought together 200
opposition activists and guests to discuss ways to create democracy in
Cuba. Du Bouchet Hernández was released in August 2006 after serving a
one-year sentence.

Du Bouchet has appealed his sentence but it is unlikely he will succeed.
According to WiPC, of the many writers, journalists and librarians
imprisoned during the "Black Spring" crackdown in April 2003 who appealed
their sentences, none were successful.

According to CPJ, 21 independent reporters and editors are currently jailed
in Cuba, which is the second-worst jailer of journalists in the world after
China.

Related stories on IFEX.org:
- Independent journalist sentenced to three years in prison:
http://ifex.org/cuba/2009/05/19/du_bouchet_sentenced/

BURMA: AUNG SAN SUU KYI ON TRIAL FOR BREAKING RESTRICTIONS

BURMA: AUNG SAN SUU KYI ON TRIAL FOR BREAKING RESTRICTIONS

Burmese democracy leader Aung San Suu Kyi was taken from her home last week
and put in Insein Prison on a charge of breaching the conditions of her
house arrest order. ARTICLE 19 and Human Rights Watch are demanding that
the international community pressure the Burmese military government not to
continue Suu Kyi's 13-year detention.

Suu Kyi went on trial on 18 May for violating the conditions of her house
arrest by sheltering U.S. citizen John William Yettaw, who swam to her
lakeside home to secretly visit her earlier this month. In a surprise move,
on 20 May the junta allowed journalists and the public to cover her trial,
reports the Southeast Asian Press Alliance (SEAPA).

"China, India, and the ASEAN members, through their indifference and
ineffectiveness, each bears responsibility for the bricks and mortar of
Aung San Suu Kyi's prison," said ARTICLE 19. ASEAN has since expressed
"grave concern" at Suu Kyi's trial, but the chair of the regional group,
Thailand, ruled out sanctions.

Burmese law states that it is mandatory to notify the military authorities
about any overnight visitor, and foreigners are not allowed to spend the
night in a Burmese home. Suu Kyi faces up to five years in prison under the
State Protection Act, which is frequently used to imprison other
pro-democracy activists.

Yettaw is being tried separately for violations of immigration law and a
statute covering swimming in the city's Inya Lake.

"The Burmese military government is blaming a prisoner for somebody
breaking into a prison," said ARTICLE 19. "This would be laughable if it
was not so unbelievably sad."

Coincidentally, Suu Kyi's appeal against her imprisonment was rejected
earlier this month, even though she was scheduled to be freed on 27 May.
The junta was widely expected to extend her detention yet again. The UN has
declared that her imprisonment is illegal under international law and even
under Burma's own legal code, which allows for a maximum of five-years in
detention.

The latest charges are widely seen as a pretext for the government to keep
Suu Kyi detained past elections it has scheduled for early next year. Suu
Kyi's political party, the National League for Democracy, has announced
that representatives will not take part in the 2010 elections if Suu Kyi
and other political prisoners are not freed.

ARTICLE 19 is also urging interested stakeholders to write to the editors
of India's most popular newspapers asking them to call attention to their
government's role in propping up the illegitimate Burmese regime. For
addresses, see: http://www.ifex.org/burma/2009/05/15/suu_kyi_incarcerated/

In the wake of Suu Kyi's re-imprisonment, the junta has stepped up its
restrictions on Internet usage, making it more difficult for Burmese to
send emails or access websites, reports Reporters Without Borders (RSF).
The increase restrictions "suggest that the military government is once
again trying to isolate Burma, as it does whenever there is political
tension," said RSF.

Then on 15 May, journalists working for various Rangoon-based publications
complained about their inability to cover Aung San Suu Kyi's arrest because
of government censorship, according to the online exile publication
"Irrawaddy".

In a separate case, two U.S. journalists who were teaching students in
Mandalay were arrested on 6 May and deported to Bangkok the following day,
reports Mizzima News. Jerry Redfern and Karen Coates believe their case
could be the fallout from the recent actions of fellow U.S. citizen Yettaw,
whom they do not know.

Related stories on IFEX.org:
- Aung San Suu Kyi facing trial and incarceration in Insein prison:
http://www.ifex.org/burma/2009/05/15/suu_kyi_incarcerated/
- Military government imposes new restrictions on Internet usage (RSF):
http://www.ifex.org/burma/2009/05/19/internet_censorship/
- Two American journalists deported (Mizzima News):
http://www.ifex.org/burma/2009/05/13/two_american_journalists_deported/

More on the web:
- Free Aung San Suu Kyi petition (Avaaz.org):
http://www.avaaz.org/en/free_aung_san_suu_kyi/96.php/?CLICK_TF_TRACK

Brazil: Supreme Court Strikes Down Press Law

Brazil: Supreme Court Strikes Down Press Law

On 30 April 2009, the Brazilian Supreme Court held that the 1967 Press Law, adopted by a military government, was void as it breached the constitutional guarantee of freedom of expression. This important victory should be followed up by the adoption of legislation on privacy and defamation which respects constitutional and international guarantees of freedom of expression.

The Press Law was originally passed in 1967, during a period of dictatorship, and it was historically used to silence and manipulate the press. The Law authorised a number of abusive measures against journalists and media outlets, such as the seizure of newspapers without a judicial order, the banning of newspapers and magazines, and censorship.

The Press Law also regulated civil defamation and the right of reply. The Criminal Code and electoral legislation continue to provide for criminal defamation, but there is no longer a specific legal framework for civil defamation and the right of reply. Research by ARTICLE 19 suggests that this legal gap is likely to create serious legal insecurity, in particular since no clear standards apply to the question of damages for defamation, which will be now at the sole discretion of individual judges.

ARTICLE 19 participated in the Supreme Court challenge by filing an amicus curiae with the Court. In its brief, ARTICLE 19 argued that the Press Law criminalised the exercise of a fundamental constitutional right. Our brief demonstrated that criminal defamation rules were applied abusively to convict journalists and human rights defenders, including when reporting on human rights violations and corruption.

ARTICLE 19 welcomes the revocation of the outdated and repressive Press Law. At the same time, we call for social consultations leading to the adoption of new laws on defamation and privacy which are consistent with international and constitutional guarantees of freedom of expression, as well as other rights. In particular, we call for defamation to be addressed exclusively as a civil matter. We also call on the judiciary to ensure that their decisions are consistent with international and constitutional standards, particularly in the absence of a clear legal framework in these areas.

NOTES TO EDITORS:

• For more information: please contact Paula Martins, paula@article19.org, +55 11 3057 0042

Burma: Military Regime Rejects Aung San Suu Kyi Appeal

Burma: Military Regime Rejects Aung San Suu Kyi Appeal

“ARTICLE 19 is dismayed and deeply saddened to learn that the appeal for the release of Aung San Suu Kyi has been rejected yet again by her captors. The governments that continue to support the Burmese authorities, particularly China, India, and the ASEAN members, through their indifference and ineffectiveness, each bears responsibility for the bricks and mortar of Aung San Suu Kyi’s prison” said Dr. Agnes Callamard, ARTICLE 19 Executive Director.

Nobel Peace Prize winning Aung San Suu Kyi, who has spent 13 of the past 19 years in detention, submitted in October 2008 an appeal to be released, via her lawyer Kyi Win.

According to Kyi Win’s assistant, Hla Myo Myint, the military regime summoned the lawyer to a meeting and told Hla that the appeal would be rejected.

The Burmese military regime imprisoned Aung San Suu Kyi under legislation that will run out on 27 May 2009. But with non-free elections due to be held in early 2010, the regime is trying to block Aung San Suu Kyi, the landslide winner of the last elections, from taking part.

Aung San Suu Kyi’s political party, the National League for Democracy, has also announced that they will not take part in the 2010 elections if Aung San Suu Kyi and other political prisoners are not freed.

NOTES TO EDITORS:

• For more information: please contact Oliver Spencer, oliver@article19.org +44 20 7278 9292

Yemen: Seven Newspapers Confiscated and One Daily’s Office Under Siege

Yemen: Seven Newspapers Confiscated and One Daily’s Office Under Siege; ARTICLE 19 and HOOD Declare High Alert for the Media in Yemen

ARTICLE 19 calls on the Yemeni government to immediately lift all forms of censorship on the media and return confiscated newspapers.

Between 4 and 5 May, Yemeni authorities confiscated from the market copies of seven independent newspapers, including Al Diyar, Al Share’, Al Masdar, Al Nida’, Al Mustaqilla, Al Watani and Al Ayyam. According to an official government statement, the newspapers had published material “harmful to the national unity”.

In addition to confiscating copies of independent daily Al Ayyam, the Yemeni authorities also detained Al Ayyam employees and imposed a siege on its offices. On 6 May, the government had shut down Al Ayyam website and prevented all access to it. The authorities were allegedly annoyed with Al Ayyam’s coverage of events in the south.

“Such measures are unjustified and constitute a dramatic blow to media freedom in Yemen” said Dr. Agnès Callamard, ARTICLE 19 Executive Director. “ARTICLE 19 and HOOD call upon the Yemeni Authorities to put an immediate stop to these intimidating tactics against journalists and newspapers, and return the confiscated newspapers copies immediately.”

The Ministry of Information has ordered Al Ayyam not to go to print until further notice. Al Ayyam had been under strenuous pressure lately for not following the official line. Lawsuits have been filed against its staff, and authorities have repeatedly confiscated and burned its copies as well as harassed the paper’s distribution drivers. The authorities have been said to be unhappy with the publication of photos of clashes between government forces and opposition groups in the south.

The article that broke the camel’s back was an op-ed by Munir Almaweri published in Al Masdar weekly. It called on Yemenis in the north to show solidarity with their brethren in the south who are disgruntled and marginalised by a high rate of unemployment and poverty, and to demonstrate against the regime’s policies. The piece, which appeared on the confiscated issue of Al Madar on 5 May, called on the president to step down so as to foster unity between north and south.

According to Arafat Mudabish, chief editor of the leading Al Tagheer news website, leading journalists and activists in Yemen have regarded the confiscation measure and harassment tactics against all media as an “unprecedented massacre” that has damaged journalism in Yemen. Journalists in Yemen are systematically under attack, and newspapers suffer from government harassment and extreme measures, he said.

There has been unrest in the impoverished country for a few years now, especially in the south where certain groups feel they are marginalised. Tension mounted in recent months and escalated at times into armed clashes between opposition protesters and government forces.

NOTES TO EDITORS:

• For more information: please contact Sa’eda Kilani, ARTICLE 19 MENA Programme Manager, sa’eda@article19.org or Oliver Spencer, oliver@article19.org at: +44-207278 9292

Serious Concerns over Assault on Political Cartoonist

A prominent political cartoonist, Mario Robles, of the newspaper Noticias Voz e Imagen de Oaxaca in western Mexico was violently assaulted and subjected to death threats by members of the Institutional Revolutionary Party (PRI) on 19 April.

In an interview with ARTICLE 19, Robles reported that he was set upon by Indalesio Cruz Alcázar, and his son Isalesis Cruz, both of whom are campaigning for the PRI in Roble’s neighborhood in the upcoming July elections. The men approached him and began kicking him repeatedly, leaving him with a number of visible wounds. They told him that he needed to modify his cartoons, and threatened to kill both him and his family.

According to reports following a press conference held later that evening, it is not the first time that these particular individuals have attacked local people due to their political affiliations.

In his thirty-year careers as a cartoonist in Mexico, Robles has won the state journalistic award on six separate occasions, and is considered a prominent political commentator in the region.

Roble reported the attack to the Department of Justice of the State of Oaxaca but has received no offer of protection from them. Until now, the matter has gone no further.

There have been a number of problems in recent years for both journalists and human rights defenders in this Oaxaca. Both the men named in the attack on Robles are campaigning for the PRI, which has been in power in the state for over seventy-five years.

ARTICLE 19 is concerned that this sort of attack constitutes censorship of political commentary – it negatively impacts the individual involved but also denies citizens the opportunity to receive information. Access to information and political comment is fundamental to any functioning democracy, particularly during elections.

“Cartoons serve a particular purpose in terms of political commentary,” says Dr Agnes Callamard, Executive Director of ARTICLE 19. “They are particularly influential because an image can often be more effective in making an impression than words. This is therefore a unique but particularly relevant form of social commentary that needs to be protected under the right to freedom of expression.”

Mario Robles has suffered a violation to his human right to freedom of expression. The Mexican government is obliged, as a signatory to the International Covenant on Civil and Political Rights, to bring the perpetrators of this crime to justice. ARTICLE19 calls upon the Mexican State and particularly the authorities of the State of Oaxaca to investigate all acts of violence, intimidation or harassment directed against the media, particularly where there is reason to believe that the act was motivated by the intention to interfere with media freedom, and to ensure that those responsible for such acts are brought to justice.

ARTICLE19 is also concerned about outbreaks of violence that reflect a lack of political tolerance in the state of Oaxaca in view of upcoming elections.

ARTICLE19 calls on the PRI to ensure, particularly in this sensitive period in the run-up to elections, that all of its members are under the direct control of the party, and that intimidation of this sort is not allowed to take place.

NOTES TO EDITORS:

• For more information, please contact Ricardo Gonzalez, ARTICLE 19 Mexico, at ricardo@article19.org, + 55 11 30 57 00 42

Protect Freedom of Expression on World Press Freedom Day

As the global media and human rights communities mark the event of World Press Freedom Day, ARTICLE 19 calls attention to the ongoing need to ensure that freedom of expression is safeguarded and enhanced in all parts of the world.

The theme for UNESCO World Press Freedom Day 2009 is “Fostering Dialogue”. In line with this topic, ARTICLE 19 continues to fulfil its core mandate by working closely with partners from the media and civil society to promote the right to freedom of expression in various parts of the world.

Camden Principles

ARTICLE 19 launched the Camden Principles on Freedom of Expression and Equality, a ground-breaking document that will guide legislators, policy-makers and civil society in balancing the mutually enforcing rights to freedom of expression and equality. A key principle of the document is to “promote dialogue among different communities” and addresses a number of global requirements for media diversity.

Africa

In April, ARTICLE 19 East Africa co-ordinated a gathering of media professionals, human rights defenders, academic and community representatives in Kenya which developed the Machakos Declaration on Freedom of Expression. This document affirms the fundamental principles of free expression enshrined in international human rights frameworks and recognises that freedom of expression is crucial for democratic reform, good governance and poverty reduction.

This comes at an important time for Kenya, where an uneasy coalition government is in office after the post-election violence in 2007. The Machakos meeting recognised that not all elements of the media had reported the elections and subsequent violence objectively; indeed some segments had worsened the situation through biased and unprofessional reporting. It is critical for the democratic future of Kenya that the media is given the freedom to report independently on societal events, and that it also acts responsibly to provide balanced and fair reporting.

There is an ongoing constitutional review process and ARTICLE 19 is actively working with partners to ensure reform of existing freedom of information legislation and broadcasting legislation, in order to provide a more enabling framework for the media.

Asia

ARTICLE 19 Bangladesh will launch a new handbook on the Right to Information, in question-and-answer format, for the media and legal sectors in Bangladesh on World Press Freedom Day. This forms part of the organisation’s continued work in this country to promote freedom of information and strengthen the ability of the media to report on issues of importance.

At the event on Sunday 3 May, ARTICLE 19 will also present awards to a group of women journalists, drawn from grassroots and community media structures, who have recently undergone a fellowship programme through ARTICLE 19. This programme is helping to promote diversity in the media and empower locally-based journalists to better report stories within their own communities and in the national press.

Europe

ARTICLE 19 is using the launch of the European Union’s Eastern Partnership on 7 May to cast a spotlight on continued human rights abuses, including the intimidation and censorship of dissenting voices, and repression of the media. The Eastern Partnership is an initiative promoting good governance, free trade and economic development between the EU and six countries: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. One of the stated shared values of the Eastern Partnership is a commitment to human rights and the rule of law. ARTICLE 19 has been documenting cases of abuse, harassment and violence against media workers and also calls for legal reform of media and broadcasting legislation to protect freedom of expression in each of these countries.

Latin America

Throughout 2009 ARTICLE 19 Mexico is running a campaign to protect journalists titled “What you don’t know can hurt you”. Part of the campaign will this year include an international seminar bringing together different stakeholders to discuss how best to document and raise alerts on abuses against journalists and to publish a “Protocol to Monitor, Document and Follow up on Aggressions against Journalists” for Mexico. A website together with television and radio spots are also being launched to widen understanding of the situation and identify the best way to support a free press.

Middle East

From 5-7 May ARTICLE 19 will host a training programme in Yemen on international human rights law and international best practice standards on both the right to freedom of expression and the right to information. The training course will aim to provide a group of 25-30 key stakeholders, in particular journalists and other media professionals and NGO activists, with an understanding of the main implications of the right to freedom of expression and the right to information as protected under international law. The initiative aims to empower participants with the ability to advocate for and exercise their own right to freedom of expression in the Yemeni context.

NOTES TO EDITORS:

• The Camden Principles was drafted by ARTICLE 19, with the participation of a high-level group of UN officials and representatives from other intergovernmental organisations, NGOs and academic experts, following two meetings in London on 11 December 2008 and 23-24 February 2009.
• “What you don’t know can hurt you” can be visited at www.libertad-expresion.org.mx
• For more information: please contact Nicola Spurr, Senior Press Officer at +44 772 686 7868 or nicola@article19.org.

Mexico: Reform of the Federal Penal Code Falls Short in Protecting the Right to Freedom of Expression

16 April 2009
STATEMENT

Mexico: Reform of the Federal Penal Code Falls Short in
Protecting the Right to Freedom of Expression

The Mexican Chamber of Deputies has approved an incomplete reform to confront
the prevailing impunity for crimes against journalists in the country, after a long
consultative process among legislators, journalists, academics and civil society,
including ARTICLE 19.

Drafted by the Justice Commission and unanimously approved by 263 votes in the
Chamber of Deputies, the bill amending the Federal Criminal Code now includes
“crimes committed against freedom of expression exercised through the practice of
journalism”. The next step will be to have this initiative approved by the Senate and
published in the Official Government Record, before it comes into force.

The bill means that the Federal Criminal Code will now punish crimes committed
against freedom of expression, in the practice of journalism, provided a clear intent to
impede or limit free expression can be established. The bill also determines who will
be protected by the new provision.

There is an urgent need for effective laws to prevent and prosecute violations of
freedom of expression in Mexico – indeed there is an ever-increasing number of
attacks against journalists and media workers, and a general climate of impunity for
perpetrators.

In 2008, ARTICLE 19 hosted an international mission to document attacks against
journalists and the media in Mexico. Comprising 13 international organisations
working to defend and promote free expression, the mission recommended that the
country’s laws needed to be reformed in order to address the deteriorating situation
for journalists. Mexico received further, similar recommendations from the United
Nations Human Rights Council during its Universal Periodic Review in February
2009. ARTICLE 19 has consistently advocated for legal reform, most recently during
the official visit of President Felipe Calderon to the United Kingdom last month.

ARTICLE 19 celebrates this recent reform because it recognises freedom of
expression as a protected human right, and establishes that aggressions committed
against practising journalists constitutes a violation of the right to freedom of
expression, if the objective is to silence them. It also establishes an ample spectrum
of protection for all persons practising journalism and informing the public. This includes alternative, community, and independent media, and both freelance and
commercial journalists.

The reform contrasts, however, with the restrictive criteria currently used by the
Special Prosecutor’s Office for Crimes against Journalists (FEADP) to determine, and
investigate aggressions of this nature. The victim must be able to prove that they are a
professional journalist and must be a staff member of an established media
organisation, in order to fall under FEADP jurisdiction.

ARTICLE 19 believes that this reform alone is not sufficient to protect freedom of
expression, as it does not provide federal authorities with the power to investigate
cases falling under local jurisdictions. The majority of aggressions committed against
journalists and media workers fall under local jurisdiction but the additional process
regulations needed to investigate these cases have been excluded.

The reform to the Federal Criminal Code does not federalise crimes committed
against journalists due to the fact that the reform does not give the federal authorities
alone the capacity to investigate and punish crimes against those who practice
journalism. With the reform, the federal authorities will only be able to investigate
crimes under the same circumstances they already investigate, based on the rules of
competence established in federal criminal law, mainly on the Federal Organic Law
of the Judicial Power.

Although ARTICLE 19 and other relevant actors have lobbied for reform of the
criminal code and failure to include the abovementioned provisions results in an
initiative that falls short of what is needed. The Commission for Constitutional Points
of the Chamber of Deputies has approved a draft bill that will amend the constitution
to enable federal authorities to investigate crimes against freedom of expression, but
this is yet to be approved by the Justice Commission. The approval of this
constitutional reform would mean a decisive step against impunity, giving the
federation better tools to combat the situation as it stands.

As a result of this, ARTICLE 19 calls upon the Federal Legislative Power to:
• Immediately approve the reforms to the Federal Criminal Code in the Senate,
including the bill on “crimes committed against freedom of expression
exercised through the practice of journalism”, so that it can be entered into
force.
• Approve constitutional amendments to Article 73, fraction XXI of the
Constitution in the Chamber of Deputies, in order to establish the power of
the federal authorities over crimes against freedom of expression.

ARTICLE 19 calls upon the Federal Executive Power to:
• Restructure and strengthen the FEADP to provide them with the capacity to
effectively undertake their obligations to investigate crimes against those
practising journalism and to bring those responsible for such crimes to justice.

ARTICLE 19 calls on the State Congresses to:
• Harmonise local criminal legislation to bring it into line with the ““crimes
committed against freedom of expression exercised through the practice of
journalism”. FURTHER INFORMATION:
• For more information: please contact Cynthia Cardenas, ARTICLE 19 Mexico and
Central America at cynthiac@article19.org, (55) 1054-6500
• ARTICLE 19 is an independent human rights organisation that works around the
world to protect and promote the right to freedom of expression. It takes its name
from Article 19 of the Universal Declaration of Human Rights, which guarantees free
speech.

Bangladesh: “Information Is Power”

ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ
Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660
Web: www.article19.org / Email: info@article19.org
For immediate release – 14 April 2009

Bangladesh: “Information Is Power” - ARTICLE 19 and Partners
Launch Mass Awareness Campaign on RTI

ARTICLE 19, Sushashoner Jonno Pracharavijan (SUPRO) and its network
organisations have launched a major mass awareness campaign on the right to
information (RTI) in 20 districts of the country, including the 12 most
environmentally vulnerable coastal areas of Bangladesh.

The campaign includes a series of local level activities such as debates on RTI issues
by school and college students, workshops and meetings with local level public
officials, and rickshaw parades in district towns displaying rickshaw plates with
messages and slogans such as ”Information is Power” and “Free information is the
key to development” and others promoting the new RTI Law in Bangladesh.

With the participation of over three thousand students, the debating competitions
generated huge interest amongst students, teachers, parents, and members of the
school management committees on the right to information, its importance and links
with good governance and access to public services.

For instance, students in the Bhabaniganj High School in the district of Noakhali,
Laxmipur sub-district debated the need for greater access to information on local level
issues in the education department. These included the need for transparency on
registration fees and on government scheme for the subsidised distribution of
education materials. Young boys and girls participated in the competitions with great
enthusiasm. One such female student said: “This competition is an empowering
expression for promoting free flow of information.” Another competitor commented
that “freedom of expression was at the heart to our movement for independence”.

Tahmina Rahman, Director of ARTICLE 19 Bangladesh notes: “ARTICLE 19 and
our partners in Bangladesh, believe that raising massive public awareness on the
right to seek, receive and impart information, to increase demand for information is
the first precondition for the effective implementation of the Right to Information Law
in Bangladesh.”

These events and activities are the start of a year-long campaign promoting the right
to information amongst the most vulnerable populations in Bangladesh. Throughout
the year, ARTICLE 19 and its partners will organise events and promotional activities
as part of its programme of work on access to information for greater participation
and government accountability.

NOTES TO EDITORS:
ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ
Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660
Web: www.article19.org / Email: info@article19.org
• For more information please contact Tahmina Rahman, Director ARTICLE 19
Bangladesh; tahmina@article19.org; +0171-303-9669.
• ARTICLE 19 is an independent human rights organisation that works around the
world to protect and promote the right to freedom of expression. It takes its name
from Article 19 of the Universal Declaration of Human Rights, which guarantees free
speech.

Freedom of Expression is coming under attack from the very organisation

UN HUman Rights Bodies

Freedom of Expression is coming under attack from the very organisation that was set up to protect our rights.

In March 2008 the United Nations Human Rights Council (HRC) amended the mandate of the Special Rapporteur on Freedom of expression - diluting his work.

The amendment came following proposals from the Organisation of Islamic Congress (OIC) and the Cuban delegations. The UNHRC also approved a resolution on Combating Defamation of Religions which further erodes freedom of expression.

The HRC process has been repeatedly misused. Instead of protecting and strengthening human rights, including freedom of expression, states have too often used the HRC to shield autocracies and abusive regimes from criticisms, and to score political points.

The amendment to the mandate of the Special rapporteur and the resolutions on defamation of religion constitute a clear attempt by some states to create a new normative benchmark which seeks to protect the religion and the belief at the expense of the believers.

ARTICLE 19 and its partners are actively campaigning against this trend and attack.

MALAYSIA: GOVERNMENT HOUNDS BLOGGERS THAT CRITICISE ROYALTY

MALAYSIA: GOVERNMENT HOUNDS BLOGGERS THAT CRITICISE ROYALTY

Eight people have been charged with criticising on the Internet Malaysia's Sultan of Perak, as the authorities stepped up a crackdown on bloggers, reports IFEX interim member the Centre for Independent Journalism (CIJ) as well as Amnesty International.

On 13 March, the government carried out a nationwide swoop on bloggers and charged six for "insulting" the Perak royal family on various blogs on the Internet.

The following week, businessman Fuad Ariff Abdul Rashid and his lawyer wife, Fatimah Maisurah Abdullah, were charged with two counts of posting critical comments against the Sultan on the ruler's official website, reports Amnesty International.

"(We) are worried that the charges may signal the start of a clampdown on online expression and an erosion of the right to discuss the role of the Malaysian royalty," said CIJ and Malaysia's Writers Alliance for Media Independence (WAMI).

The offences carry a maximum fine of 50,000 Ringgits (US$13,800) or up to a year in jail under the country's Communication and Media Act. But provisions of the act itself guarantee that it should not be used to censor the Internet, says CIJ. This is the first time the law has been used to charge people for comments posted online.

Of the eight people charged, one has already pleaded guilty and been fined 10,000 Ringgits (US$2,800). The seven others are awaiting trial after being released on bail.

The charges against the eight come during an ongoing power struggle for the Perak state government. In a controversial move, the Sultan of Perak accepted the defection of three state assembly members from the opposition, which allowed the Barisan Nasional (BN) coalition to regain control - despite having lost the state in the 2008 general election.

BN, which rules nationally, has been accused of trying to shut down debate about the role of the monarchy.

"The Internet was one of the few venues available for Malaysians to express their views relatively freely, and now it looks like the government will extend its restrictions on free press to the web," said Amnesty. "For a country that claims to be on the cutting edge of communications technology, this is a very troubling step backward."

As the head of the federation and a Malay institution, the royalty is largely a taboo subject in Malaysia. Like Thailand's lese-majeste law, the Sedition Act, which was introduced in a period of high ethnic tension, protects royals in Malaysia against defamation under its very broad provision.

Opposition parliamentarian and lawyer Karpal Singh has been charged with sedition for his threat to sue the Sultan of Perak over the political crisis in Perak, say CIJ and Amnesty.

He has received death threats, and been mobbed by angry youth members of UMNO (United Malays National Organisation), leader of the ruling coalition. But according to Amnesty, Malaysia's 13,000-strong Bar Council has defended Singh's right to voice his opinion.

Visit these links:
- CIJ: http://www.ifex.org/en/content/view/full/101651
- Amnesty: http://tinyurl.com/d5765z
- IFEX Malaysia page: http://tinyurl.com/3o3ywy

MEXICO: GOVERNMENT "CRIMINALISES" FREE EXPRESSION BY TARGETING RADIO STATION

MEXICO: GOVERNMENT "CRIMINALISES" FREE EXPRESSION BY TARGETING RADIO
STATION

Tierra y Libertad is a community radio station in the northeast of Mexico that has for more than seven years provided the poorest neighbourhoods in Monterrey with info on workers' rights, health and legal assistance. But perhaps not for much longer, because the government says the station is operating without a licence. Employees are facing up to 12 years in prison and a fine of US$100,000 for operating illegally. ARTICLE 19 - Mexico, the World Association of Community Radio Broadcasters (AMARC) and Reporters
Without Borders (RSF) say it is an alarming case of the "criminalisation of free expression."

AMARC and ARTICLE 19 report that Tierra y Libertad had applied for a permit from the communications ministry back in November 2002, and have yet to receive a response. In June 2008, a contingent of more than 100 federal police officers surrounded the station and forced it to close.

In a joint statement, AMARC, ARTICLE 19 and RSF, as well as a handful of Mexican rights organisations, said, "The use of criminal action in place of administrative action, which is set out in the federal radio and television laws, shows a hardening and the start of a more repressive and persecutory policy against community radio stations in the country and is a serious step backwards for human rights."

The members have pointed out the real problems: that the authorities have "excessive discretion" in handling licence applications, and that the federal government refuses to recognise community radio broadcasting, even though it promised the Inter-American Commission on Human Rights that it would create the conditions for community roadcasters to survive and thrive.

AMARC has penned 14 principles for democratic legislation on community broadcasting, which came out of an investigation on best practices in 26 countries. Read it here: http://tinyurl.com/5yymb4

For the English summary of the joint statement, see:
http://www.ifex.org/en/content/view/full/101714 and the full text (Spanish
only), see: http://tinyurl.com/c86bju

DEMAND: RELEASE OF DISSIDENTS JAILED IN "BLACK SPRING"

AMERICAS
CUBA: SIX YEARS ON, IFEX MEMBERS DEMAND RELEASE OF DISSIDENTS JAILED IN
"BLACK SPRING"

Six years after Cuba's notorious "Primavera Negra" ("Black Spring") crackdown on journalists and other accused dissenters, the country continues to trample on free expression. Cuba jails more journalists than any other country but China.

In the "Black Spring" crackdown six years ago this week, 75 dissidents, including 29 journalists, were convicted on treason charges and sentenced to a collective 1,500 years in jail during trials that didn't even last a whole day. Many had their appeals dismissed.

Amnesty International declared them prisoners of conscience, and the EU responded by imposing sanctions on Cuba, including a ban on high-ranking official visits by Cuban authorities to EU countries. The ban was suspended last year provided that Cuba improves its human rights record, which will be reviewed annually starting in June.

The Committee to Protect Journalists (CPJ), the International Press Institute (IPI), the Writers in Prison Committee (WiPC) of InternationalPEN and other IFEX members are urging President Raul Castro to free the more than 20 journalists who remain behind bars.

"Raul Castro has had a year to make a break with the past and free journalists and others who were jailed on outlandish charges," IPI said. "President Castro's recent cabinet shuffle and his diplomatic overtures may show promise, but his government will remain an international pariah until he takes concrete steps to free journalists and other prisoners of conscience."

Among those imprisoned is Omar Rodríguez Saludes, who was arrested on 18 March 2003 and sentenced to 27 years in prison for "acting against the independence or territorial integrity of the state," says IPI. He received the longest sentence of all the journalists charged in the crackdown.

Another journalist, Ricardo González Alfonso, is a correspondent for Reporters Without Borders (RSF). He was sentenced to jail for 20 years for being a "mercenary" funded by the U.S. and is seeking early release for medical reasons.

As President since February 2008, Raul Castro has taken some steps to improve free expression, say the IFEX members, such as allowing Cubans to buy mobile phones and their own computer equipment. But the Cuban government continues to own and control all media outlets, and journalists are constantly harassed and jailed.

Since October 2008, the Inter American Press Association (IAPA) has recorded 85 violations against journalists, including fines, layoffs, confiscation of money and work materials, detentions, deportations to the province of origin, phone wiretaps, interceptions of correspondence and
Internet blackouts.

According to CPJ, to date, no international humanitarian organisations have visited any of the imprisoned Cuban journalists. Nor has the Cuban government ratified the International Covenant on Civil and Political Rights, which provides "the right to freedom of expression," or the
International Covenant on Economic, Social, and Cultural Rights, both signed in February 2008.

To mark the sixth anniversary of Cuba's Black Spring and World Poetry Day (21 March), WiPC produced a postcard calling on the Cuban authorities to release the dissidents. It features lines from a poem by former imprisoned writer Ángel Cuadra, now president of the Cuban Writers in Exile PEN Centre.

You are invited to print copies of the postcard and to sign and send as many as possible throughout 2009. The postcard, available in Spanish and English, can be downloaded here: http://tinyurl.com/c8eg4w

Visit these links:
- CPJ: http://tinyurl.com/cuhtzw
- IAPA: http://tinyurl.com/cf2vj7
- IPI: http://tinyurl.com/c4sj9e
- IPI's Justice Denied Campaign: http://www.freemedia.at/justicedenied/
- RSF: http://www.rsf.org/article.php3?id_article=30382
- WiPC's case list of jailed writers in Cuba: http://tinyurl.com/cj4s3k

180 ORGANISATIONS REJECT DEFAMATION OF RELIGIONS CAMPAIGN

MORE THAN 180 ORGANISATIONS REJECT DEFAMATION OF RELIGIONS CAMPAIGN

More than 180 rights organisations worldwide, including 27 IFEX members, have banded together to oppose a "defamation of religions" campaign at the UN mounted by Islamic states that would make criticising religion a crime in UN resolutions, declarations and world conferences.
Most recently, Pakistan, on behalf of the Organisation of the Islamic Conference (OIC), tabled a resolution on "combating defamation of religions" at the current session of the UN Human Rights Council. Although the text refers frequently to protecting all religions, the only religion specified as being attacked is Islam. The resolution is to be put to a vote on the last day of the session, 27 March.

OIC, an intergovernmental organisation comprising 57 states with majority or significant Muslim populations, has stepped up its fight for the concept of religious defamation to be added to UN resolutions since the 11 September attacks. Pressure to protect religions from defamation has been growing, especially since the Danish cartoons controversy in 2005.

IFEX members, such as ARTICLE 19, the Cairo Institute for Human Rights Studies, Freedom House and the World Association of Newspapers, have campaigned extensively against the growing trend of using religious anti-defamation laws to limit free speech.
They argue that religious believers have a right not to be discriminated against on the basis of their beliefs and are protected as such in international law. But they cannot expect their religion to be free from criticism. "The resolution seeks to protect the belief, rather than the believers," said ARTICLE 19.

Plus, the 186 signatories say, the resolutions "may be used in certain countries to silence and intimidate human rights activists, religious dissenters, and other independent voices," as well as to legitimise archaic anti-blasphemy laws, which surprisingly, are still on the books of many EU
member states.
ARTICLE 19 also points out that there is no agreed definition of the concept of "defamation of religions", and that it has no basis in international law because religions, unlike individuals, cannot be said to have a reputation and therefore cannot be defamed.

The signatories expressed fear that the defamation of religions concept will be resurrected in other venues, including the follow-up world conference against racism, dubbed Durban II, to be held in Geneva in April. According to ARTICLE 19, the U.S. has cited the introduction of a clause
prohibiting defamation of religions in the Durban review document to justify its non-participation in the conference.

The 186 groups are calling upon all governments to oppose the resolution at the Human Rights Council this week, as well as any outcomes at the Durban review conference that directly or indirectly supports the defamation of religions campaign "at the expense of basic freedoms and individual human rights."

Visit these links:
- Joint statement of 186 groups: http://tinyurl.com/cz3qm5
- ARTICLE 19: http://tinyurl.com/dgvnq9
- UN Watch, including text of briefing: http://tinyurl.com/d663n3

Burma: UN Opines Detention of Aung San Suu Kyi Illegal

24 March 2009

Burma: UN Opines Detention of Aung San Suu Kyi Illegal

ARTICLE 19 today welcomes the opinion of the expert body of the UN announcing the irrefutable illegality of imprisoning democratically-elected Aung San Suu Kyi, and calling on the Burmese military regime to release her.

The United Nations Working Group on Arbitrary Detention (WGAD) has issued an opinion that the detention of Aung San Suu Kyi is illegal under international law. Crucially the WGAD has also rejected the regime’s domestic justification by stating that the detention is even illegal under Burma’s own repressive legislation.

“Let the words of the decision be spread loud and clear, particularly in China, India and within the Association of Southeast Asian Nations (Asean)” said Dr Agnes Callamard, ARTICLE 19 Executive Director. “It is more than time that they end their protection of the Burmese authorities' illegal practices."

Aung San Suu Kyi was elected prime minister in 1990 but was arrested immediately by the military for representing a threat to the “security of the State or public peace and tranquillity”. She has spent 13 of the past 19 years living in detention without access to the outside world.

Aung San Suu Kyi was awarded the Nobel Peace Prize in 1991.

NOTES TO EDITORS:

• For more information: please contact Oliver Spencer, oliver@article19.org +44 20 7278 9292