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APPLY NOW FOR THE FREEDOM TO CREATE PRIZE

Philanthropic organisation ArtAction is seeking to "find light in darkness
and courage in truth" with the 2009 Freedom to Create Prize, which honours
artists around the world who promote human rights and free expression and
are denied their "freedom to create." The deadline for entries is 14 August
2009.

The prize is divided into three categories: the Main Prize is open to
artists (individuals or artistic groups) in all creative fields; the Youth
Prize is for artists aged 18 or younger; and the Imprisoned Artists Prize
is for artists currently in jail because of their work. The total prize
fund of US$125,000 is to be divided between the winning artists and
advocacy organisations they designate in order to further the cause their
artwork has highlighted.

For more information and to register, visit the Freedom to Create Prize
website: http://www.freedomtocreateprize.com

COLOMBIA: OUTSPOKEN JOURNALIST GUNNED DOWN

COLOMBIA: OUTSPOKEN JOURNALIST GUNNED DOWN

A journalist who is also a local community leader was killed in southern
Colombia last month, report the Foundation for Press Freedom (FLIP) and the
Inter American Press Association (IAPA).

Two hitmen burst into the home of Hernando Salas Rojas, director of the
Curillo municipality's local television station, in Caquetá department, on
20 May and fired several shots at him.

Salas was Salas was also the president of a committee calling for the
recall of the local mayor, Esneider Mayorga, for alleged wrongdoing.
According to FLIP, Salas's murder may be linked to his political and
community-related activities.

FLIP called the assassination "a serious affront to freedom of expression"
and is urging the Attorney General's office to investigate the incident and
ensure that those responsible are identified.

Related stories on IFEX.org:
- Journalist and community leader killed in Caquetá department:
http://www.ifex.org/colombia/2009/06/10/salas_rojas_murdered/

CHINA: BEIJING TELLS COMPUTER MAKERS TO INSTALL WEB BLOCKING SOFTWARE

CHINA: BEIJING TELLS COMPUTER MAKERS TO INSTALL WEB BLOCKING SOFTWARE

China is planning to force computer manufacturers to install software on
all new personal computers that would filter out "unhealthy" information,
report the International Federation of Journalists (IFJ), Reporters Without
Borders (RSF) and the Committee to Protect Journalists (CPJ).

Ostensibly to protect young people from "harmful content", especially
pornography, the "Green Dam" software was created by the military-backed
company Jinhui. It must be preloaded - preinstalled or enclosed on a CD -
on all PCs to be sold in China as of 1 July.

"The idea that Beijing now needs to place another filter inside each of the
40 million PCs sold annually in the country to protect the public raises
suspicion that the authorities have ulterior and more sinister motives,"
said CPJ.

RSF is urging the companies that sell computers to the Chinese market not
to comply with the instruction, "which will make them accomplices to
censorship."

In May, the Ministry of Industry and Information Technology told computer
manufacturing companies that they had six weeks to install the software,
which would be paid for by public funds in the first year. According to
"The Wall Street Journal", the software would link PCs with a regularly
updated database of banned sites and block access to those addresses.

According to the "Guardian", in the face of public opposition China now
says the software will not be compulsory. "PC makers are only required to
save the set-up files of the program in the hard drives of the computers,
or provide CD-ROMs containing the program with their PC packages," the
English-language "China Daily" quoted an official saying on 15 June.

"The users have the final say on the installation of the Green Dam Youth
Escort, so it is misleading to say the government compels PC users to use
the software ... The government's role is limited to having the software
developed and providing it free," says the paper.

RSF reports that since March, the software has been downloaded three
million times, is reportedly used in 2,279 schools and has been installed
in some 518,000 computers. The companies Lenovo, Inspur and Hedy have
apparently already installed the software in 52 million computers.

"The appearance of such a strict directive shows the need to protect
foreign companies operating in China, who are forced to comply with local
laws. This is why we support the need for a law like the Global Online
Freedom Act, that makes it possible to stand up to the Chinese government
in this kind of situation," said RSF.

China already operates an extensive Internet filtering system, popularly
known as the Great Firewall, which blocks access to a range of content,
from pornography to politically sensitive sites. Such sites have included
those promoting Tibetan independence or referring to the Tiananmen Square
massacre and the pro-democracy group Charter 08.

But that system blocks content at the network level, and many users
circumvent it. The new method could give the government a way to tighten
its control.

U.S. Internet companies have for years wrestled with demands from the
Chinese government to censor content or share potentially private data with
police. Last year Google, Yahoo! and Microsoft joined human rights and
press freedom groups to announce a set of guidelines for how they would
comply with censorship requests from countries like China. Known as the
Global Network Initiative, the group does not include any computer hardware
makers.

Related stories on IFEX.org:
- Government tightens clamps on Internet usage:
http://www.ifex.org/china/2009/06/10/internet_restrictions/

More on the web:
- Seeing red over green: China to install censorship software (CPJ):
http://cpj.org/blog/2009/06/seeing-red-over-green-china-to-pre-install-censors.php
- China backs down over controversial censorship software (Guardian):
http://www.guardian.co.uk/world/2009/jun/16/china-backs-down-censorship-software
- China squeezes PC makers (The Wall Street Journal):
http://online.wsj.com/article/SB124440211524192081.html

PHILIPPINES: JOURNALIST KILLED; SECOND IN A WEEK

PHILIPPINES: JOURNALIST KILLED; SECOND IN A WEEK

Yet another Filipino journalist was killed last week by unidentified
assailants, reports the Center for Media Freedom and Responsibility (CMFR).

On 12 June, print journalist Antonio Castillo was shot at close range by
two men after a brief chase on motorbikes in Uson, Masbate province,
central Philippines. He died in hospital three hours later. He was able to
describe the attackers but refused to give their names to investigators,
said CMFR.

Local police said they have yet to establish why Castillo, a columnist for
the local tabloid "Bigwas" (Blow), was killed.

According to CMFR, he is the fifth journalist deliberately murdered because
of his work in the country this year. Three days before Castillo's murder,
radio host Crispin Perez was shot dead in front of his house in San Jose
City on Mindoro island, also in central Philippines.

Perez hosted two talk shows at a state-owned radio station in Occidental
Mindoro province and had strongly criticised local mining and energy
interests.

The Philippines is one of the most dangerous places in the world for
journalists - 65 journalists have been killed under President Gloria
Macapagal Arroyo's rule since she was swept into power in 2001, says CMFR.
Of the 65, 40 cases were work-related.

Under fire from local and international human rights groups for its failure
to protect hundreds of journalists and activists killed over the past seven
years, the government has vowed to track down killers of reporters but
there have been few convictions.

More on the web:
- Two media practitioners killed in a week (CMFR):
http://www.cmfr-phil.org/2009/06/17/two-media-practitioners-killed-in-a-week/#more-1949

Iran: Escalation of attacks and censorship after elections

IRAN: IFEX MEMBERS CALL FOR END TO GOVERNMENT CRACKDOWN ON MEDIA
FOLLOWING ELECTION

Iranian authorities have censored independent media sources, both local and
foreign, as anti-government protests have raged in the country following
last Friday's presidential elections, report ARTICLE 19, the Committee to
Protect Journalists (CPJ), Reporters Without Borders (RSF) and other IFEX
members.

The security services have moved into the offices of newspapers where they
are censoring content before they go to print, reports RSF. The 15 June
front page of "Etemad Meli", the paper of candidate Mehdi Karoubi, shows a
photo of President Mahmoud Ahmadinejad at a rally with a column left blank
because of editing by the censors.

Meanwhile, "Kalameh Sabz", the paper of Ahmedinejad's main challenger Mir
Hossein Mousavi, has not been able to publish since 13 June.

According to ARTICLE 19, the intelligence ministry has reportedly ordered
all newspapers not to write anything which questions the legitimacy of the
elections.

Ahmadinejad lashed out at the media shortly after he claimed victory in the
election that critics contend was marked by widespread voter fraud. At a
news conference on Sunday, he accused international media of launching a
"psychological war" against the country.

Staff from several international news organisations, including Belgian,
Spanish, Canadian, U.S., Emirati and Italian newscasters, have had tapes
confiscated, been ordered to leave the country, been beaten while covering
public protests and have even been detained, says ARTICLE 19.

Following a massive opposition rally on 15 June, authorities restricted
foreign journalists - including Iranians working for foreign media - from
reporting about the protests on the streets, report CPJ and the
International Press Institute (IPI). They could effectively only work from
their offices, conducting telephone interviews and monitoring official
sources, such as state TV.

The BBC said that electronic jamming of its news report, which it said
began on election day, had worsened by the end of the weekend, causing
service disruptions for BBC viewers and listeners in Iran, the Middle East
and Europe.

On 14 June, the authorities ordered the Tehran bureau of the Arab satellite
TV news station Al-Arabiya closed for a week after it broadcast video of
the first demonstration following the announcement of Ahmadinejad's
re-election, reports the Arabic Network for Human Rights Information
(ANHRI).

A range of social communications has also been disrupted inside Iran since
election day, including text messaging, social networking sites and
official campaign websites of the opposition that were being used to
organise protests. At least 10 pro-opposition websites have been censored,
says RSF. Then on 16 June, the Iranian Revolutionary Guard warned online
media to remove all content that might "create tension," or face legal
consequences, reports IPI.

But some protesters in Iran are reaching out to the West using special web
servers, such as one developed at the University of Toronto, to circumvent
efforts to block websites.

Plus, Iranians abroad are using social networking tools to instantly spread
news about their homeland. For instance, on Twitter, Hamid Akbari, a
university student in Toronto, follows eight people in Iran he has come to
trust, reports the "Toronto Star" newspaper. They tweet about where
protesters are gathering for a demonstration, and what police are doing.
Akbari then feeds that information to his 500 contacts back home by email
or through Facebook.

Meanwhile, 11 Iranian journalists have been arrested since 12 June,
including Reza Alijani, winner of the 2001 RSF-Fondation de France press
freedom prize. He was released two days later. According to RSF, there is
no word from about 10 other journalists who have either been arrested or
gone into hiding.

RSF reiterates its appeal to the international community not to recognise
the election results. "A democratic election is one in which the media are
free to monitor the electoral process and investigate fraud allegations but
neither of these two conditions has been met for Mahmoud Ahmadinejad's
supposed re-election," RSF said.

Related stories on IFEX.org:
- Government cracks down on foreign news media:
http://www.ifex.org/iran/2009/06/17/media_crackdown/
- Authorities crackdown on media in election aftermath:
http://www.ifex.org/iran/2009/06/17/crackdown_on_media/
- News and information fall victim to electoral coup:
http://www.ifex.org/iran/2009/06/15/post-election_crackdown/

More on the web:
- Twittering Iranians tell the world (Toronto Star):
http://www.thestar.com/Article/651927
- The 15 June front page of Etemad Meli, with a photo of President
Ahmadinejad at a rally with a column left blank because of editing by the
censors (Roozna.com):
http://roozna.com/2009/6/15/EtemaadMelli/944/Page/1/EtemaadMelli_944_1.pdf
- Internet filtering in Iran (OpenNet Initiative):
http://opennet.net/research/profiles/iran
- International Campaign for Human Rights in Iran:
http://www.iranhumanrights.org/

Iran: Escalation of attacks and censorship after elections

ARTICLE 19 calls on the Islamic Republic of Iran immediately to unblock Iranians’ access to international media, to lift bans on local newspapers and websites, and to stop harassing Iranian and foreign journalists in the wake of last Friday’s presidential elections.

The Iranian government is using various methods to block the reporting of events following the presidential election on 12 June, including by censoring and suspending newspapers blocking internet news websites and preventing access to international news media.

There have been widespread public protests in major cities across Iran, after the incumbent candidate, President Mahmoud Ahmedinejad, announced a resounding victory over opposition reformist candidates early on Saturday morning.

Staff from several international news organisations, including Belgian, Spanish, Canadian, American, Emirati and Italian newscasters, have had tapes confiscated, been ordered to leave the country, been beaten while covering public protests and even been detained. The BBC English and Persian television and radio services have been interrupted by electronic jamming, apparently from within Iran, which began on Friday and has gradually intensified.

The Iranian print media has been subject to serious censorship. The Kalam-e Sabz newspaper, which supports opposition reformist candidate, Mir-Hossein Mousavi, was not printed on Monday 15 June. The intelligence ministry has also reportedly ordered all newspapers not to report anything which questions the legitimacy of the elections.

The government has censored internet sites operating within and outside Iran too, as part of an ongoing pattern of repression. Over the weekend, civilians began posting coverage and images of the post-election violence on sites such as YouTube and Facebook, filling the vacuum left by the failure of other media to report on this. The government responded by blocking social networking sites on Saturday afternoon, along with the official campaign websites of the reformist political candidates.

Several Iranian journalists have been arrested, disappeared or gone into hiding in the last two days.

SMS messaging was blocked on the eve of the elections and the main mobile telephone network for Iran cut its services in Tehran on Saturday. There have been various reports of phone lines not working for hours after the polls closed.

The national state media (IRIB), the only locally licensed television and radio services available in Iran, has refrained from covering any of the clashes between pro-reform supporters and the police.

ARTICLE 19 notes that the Republic of Iran has ratified the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to freedom of expression. The attempts by the Iranian authorities to impose a news blackout on reporting on the election and its aftermath are a clear breach of the right to freedom of expression as protected by the ICCPR. ARTICLE 19 calls on Iran to respect its ICCPR obligations and to stop the censorship by unblocking access to all print, broadcast and online media immediately.

NOTES TO EDITORS:

• For more information please contact: Khashayar Karimi, Iran Programme Officer, khashayar@article19.org, or at +44 20 7324 2500.

Norway: ARTICLE 19 Benefits from Norwegian Foreign Minister’s Personal Donation of Book Royalties

Norway: ARTICLE 19 Benefits from Norwegian Foreign Minister’s Personal Donation of Book Royalties

The Norwegian Minister for Foreign Affairs, Jonas Gahr Støre, has donated to ARTICLE 19 royalties amounting to NOK 1,000,000 (about GBP 97,000) from a book he published in 2008.

Mr Støre announced the donation at a press conference in Oslo on 3 June 2009, coinciding with a week-long international gathering of freedom of expression organisations and activists in the city.

ARTICLE 19 Executive Director, Dr Agnès Callamard comments: “ARTICLE 19 is very touched and honoured by the Minister’s generosity, as well as his commitment to freedom of expression, in general, and ARTICLE 19’s work in particular.

“We are particularly honoured to be awarded these book royalties because of the leadership consistently demonstrated by Jonas Gahr Støre on the international stage. Mr Støre took a courageous position defending freedom of expression at the UN Durban Review Conference on racism in April this year – he defended human rights in the face of the Iranian President’s attempts to spread fear and intolerance at the event, when other country representatives had walked out. And, in the aftermath of the Danish cartoons incident in 2005, he initiated, with his Indonesian counterpart, the Global Inter-Media Dialogue to promote understanding and dialogue across cultures, religions and the media.”

ARTICLE 19 will use Mr Støre’s donation to further its global work advocating for the development and adoption of sound policies and laws supporting freedom of expression and conforming to international standards. Further, ARTICLE 19 will continue its work to promote understanding of the interdependence between the right to freedom of expression and the right to equality. The organisation will also strengthen its work against violence against journalists and impunity for crimes against the media, and continue monitoring abuses of human rights and freedom of expression in different parts of the world.

Mr Støre’s book, Ǻ Gjøre en Forskjell (Making a Difference), was published in November 2008 and outlines his views on international politics, human rights and the world. The book invites readers to a broad reflection on Norway´s position, values and interests at a time when many fundamental assumptions regarding international politics are changing.

• For more information: please contact Dr Agnès Callamard, ARTICLE 19 Executive Director at agnes@article19.org or +44 20 7324 2500.

immediate release – 15 June 2009

Maldives: Stop Prosecuting Criminal Defamation Cases

Maldives: Stop Prosecuting Criminal Defamation Cases

The first criminal case in many years began hearings at the Criminal Court in the Maldives yesterday. ARTICLE 19 calls on the Maldivian authorities to abolish the crime of defamation, replacing it with appropriate civil defamation rules, and on the Prosecutor General, Ahmed Muiz, to refrain from bringing cases in the interim.

Muiz, appointed as an independent Prosecutor General pursuant to the new democratic 2008 Constitution, adopted after wide-ranging public consultations, announced in April 2009 that he was obliged to enforce all provisions of the Penal Code, including those on criminal defamation. Prior to the new Constitution, former Attorney General Hassan Saeed had refused to bring criminal defamation cases.

ARTICLE 19 believes that criminal defamation is a breach of the right to freedom of expression under international law, which the new Constitution closely mirrors. While Muiz does have to follow the law, his primary obligation is to uphold the Constitution, and he should not enforce provisions where there is a serious question as to their constitutionality.

In November 2008, Mohamed Nasheed, a journalist and former prisoner of conscience, overwhelmingly won the popular vote in 2008, sweeping Maumoon Abdul Gayoom, leader of the Dhivehi Rayithunge Party (DRP), out after 30 years as president. Nasheed won the 2008 general election proclaiming that his party, the Maldivian Democratic Party (MDP), would consolidate democracy and press freedom. In parliamentary elections in May 2009, the MDP got the second largest number of seats, after the DRP.

In the defamation case, Hameed Abdul Kareem, ex-editor of Manas magazine, is accused of publishing defamatory remarks about former Chief Justice Sheikh Mohamed Rasheed Ibrahim. The article apparently discussed Rasheed’s loyalty to former President Gayoom and his lack of independence as the head of the judiciary.

• For more information please contact: Toby Mendel, Senior Legal Counsel, a19law@hfx.eastlink.ca, +1 902 431-3688.

Vietnam: Release Leading Human Rights Lawyer Le Cong Dinh Immediately and Unconditionally

CALL FOR THE RELEASE OF VIETNAMESE LAWYER/WRITER LE CONG DINH

Le Cong Dinh, a prominent lawyer, writer, blogger, and human rights
defender in Vietnam, has represented other writers and right advocates in
Vietnamese courts over the past years, courageously taking on cases despite
a repressive media environment in the country. Now he needs your help.

Dinh was arrested on 13 June in his home in Ho Chi Minh and faces up to 20
years in jail on charges of distributing anti-state propaganda, sedition
and conspiring with subversives. Join the Southeast Asian Press Alliance
(SEAPA), International PEN's Writers in Prison Committee (WiPC), Human
Rights Watch, Reporters Without Borders, ARTICLE 19 and Index on Censorship
to demand his immediate release.

The Investigation Agency at the Ministry of Public Security announced that
Dinh was arrested because he had reported distorted facts to foreign news
agencies and allegedly libelled Vietnamese Prime Minister Nguyen Tan Dung.

Dinh is well known for defending human rights lawyers Nguyen Van Dai and Le
Thi Cong Nhan when they appealed their prison sentences for spreading
anti-government propaganda in 1997.

He also defended in court the famous blogger Dieu Cay for his right to free
speech.

His writings about the legal system in Vietnam and the need for independent
media have been well received and broadcasted widely on various websites
inside and abroad, as well as international media, such as the BBC and
Radio Free Asia.

SEAPA believes the charges are flimsy and are meant to silence critical
voices in Vietnam. "Dinh's arrest simultaneously sends a chilling message
to both writers and advocates on the one hand, and to lawyers who, fully
working within the system and respecting Vietnam's laws, represent them on
the other."

The Swedish Bar Association has sent out a letter of protest to the
Vietnamese authorities about Dinh's arbitrary arrest. Now you can too.

The IFEX members are asking that you write or fax a letter of protest to
the Vietnamese embassy in your country. SEAPA has drafted a letter that you
are free to use and send on. You can access it on the SEAPA website:
http://www.seapabkk.org/newdesign/newsdetail.php?No=1103

For a partial list of Vietnamese embassy addresses, see
EmbassiesAbroad.com: http://www.embassiesabroad.com/embassies-of/Vietnam

You can also sign the online petition for Dinh:
http://www.thepetitionsite.com/petition/294288684

Related stories on IFEX.org:
- Media advocate arrested for "spreading propaganda against government":
http://www.ifex.org/vietnam/2009/06/15/media_advocate_arrested/




















Article19 adds


Vietnam: Release Leading Human Rights Lawyer Le Cong Dinh Immediately and Unconditionally

Leading Vietnamese human rights lawyer Le Cong Dinh was detained by police on 13 June 2009 and has been held since then on charges of breaching Article 88 of the Penal Code of Vietnam for “distributing propaganda against Vietnam”. If convicted, Dinh faces up to twenty years in prison. ARTICLE 19 and Index on Censorship call on the Vietnamese authorities to free Dinh immediately and unconditionally, and to repeal Article 88 in full.

Dinh is a respected Vietnamese lawyer and human rights defender who has, in the past, defended Vietnamese pro-democracy activists, bloggers and labour rights activists. He has also been an outspoken proponent of political pluralism and other causes which the Vietnamese government disapproves of.

Article 88 of the Penal Code makes it an offence, among other things, to defame the Vietnamese administration, to spread fabricated news to foment confusion among the people, and to circulate documents against the Socialist Republic of Vietnam. All of these offences fail to meet the standards set out in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which Vietnam acceded to in September 1982, thereby undertaking to respect its provisions. In particular, none of these offences can be justified as necessary to protect national security or public order. Indeed, criticism of the authorities is central to democracy.

• For more information please contact: Toby Mendel, Senior Legal Counsel: ARTICLE 19 at a19law@hfx.eastlink.ca or +1 902 431 3688; or Jo Glanville, Editor: Index on Censorship at jo@indexoncensorship.org or +44 (0) 20 7324 2531.
• Index on Censorship has been working to protect and promote freedom of expression since 1972 through its award-winning magazine, website and international projects. www.indexoncensorship.org .

Burma: ARTICLE 19 Urges Support for Aung San Suu Kyi on her 64th Birthday

On Friday 19 June, Aung San Suu Kyi will celebrate her 64th birthday locked in a prison cell in Burma. She is the only Nobel Peace Prize winner in prison and is currently on trial on charges of breaking the conditions of her house arrest. If convicted, she faces another five years’ imprisonment.

ARTICLE 19 is part of an international coalition of organisations which have been campaigning actively for Suu Kyi’s release from house arrest for many years. On the occasion of Suu Kyi’s 64th birthday and in recognition of these new charges brought against her by the Burmese regime, ARTICLE 19 urges all human rights activists to act in solidarity with this brave defender of her people’s most basic freedoms.

ARTICLE 19 encourages supporters of Aung San Suu Kyi to visit www.64forsuu.org and add a message before 19 June. Around 10,000 individuals and groups from all over the world have already contributed their 64-word messages of support. Some of these include other Nobel Peace Prize Laureates, such as Mairead Maguire, Betty Williams, Rigoberta Menchú Tum, Kim Dae-Jung, Jody Williams, Shirin Ebadi, and Wangari Maathai.

The Group of Elders, which includes Nelson Mandela, Graca Machel, Jimmy Carter, Mohammed Yunus, Desmond Tutu and Mary Robinson, have also added a message and regularly keep a chair empty for Suu Kyi at their meetings.

Other world leaders such as the British Prime Minister, Gordon Brown, the former Japanese Prime Minister, Tsutomu Hata, a group of MPs from ASEAN (Association of South East Asian) countries have contributed too, along with film stars, celebrities and many thousands of ordinary people.

Events in solidarity with See Kyi will be held in cities worldwide on Friday. For more details in different regions, visit: www.64forsuu.org/events.php


• For more information please contact: Oliver Spencer, Programme Officer, oliver@article19.org, +44 20 7324 2500

Azerbaijan: Proposed Amendments Threaten Media, Civil Society

The rights to freedom of expression and freedom of association are at serious imminent risk in Azerbaijan as the country’s parliament, the Milli Mejlis, this week deliberates on further restrictions on the media and civic organisations.

In an extra-ordinary session on Friday 19 June, the Milli Mejlis will consider legislative changes relating to the establishment and activities of non-governmental organisations (NGOs) and the media.

Legislators propose amending the Media Law to reinforce changes adopted in March 2009. These included a provision to allow suspension of any media outlets engaged in so-called “abuse of power” through, for example, the use of anonymous sources. Criminal and civil defamation laws are used extensively in Azerbaijan to intimidate journalists and human rights defenders: several journalists and editors are currently in prison, some convicted on evidently trumped up charges.

The draft legislative amendments also contain a provision allowing the government to disband organisations convicted of writing “biased articles” three times within two years. Founders of media outlets and non-governmental organizations that are closed by the government could be banned from setting up similar organisations for up to five years.

Any non-governmental organization that wishes to operate or conduct activities in Azerbaijan would have to be registered by the state and anyone speaking on behalf of an unregistered organisation could make this organization liable to an administrative sanction, including a fine of up to 50,000 AZN (approximately USD 62,500 or EURO 44,650). If such an individual is a foreign citizen, the person could potentially be expelled. The result could be to limit access to the country for foreign representatives of international human rights organisations, which are not registered there.

Azerbaijani non-governmental organizations would no longer be allowed to operate if they have less than 50 percent local funding. In order to carry out work throughout the country, an organization would have to have branches and/or representations in one-third of Azerbaijan’s 59 administrative-territorial districts.

Foreign groups would be virtually unable to open offices using international funding, unless there is a formal international agreement between Azerbaijan and the country of origin.

“These changes will severely limit the capacity of organisations and media critical of the government, and are a direct attack on freedom of expression and association in Azerbaijan,” said Rashid Hajili of the Media Rights Institute in Azerbaijan.

Amnesty International, ARTICLE 19, Human Rights Watch and International PEN believe that these legislative changes, if adopted, would have a severe, negative impact on civil society and the media, which would come under even more intense government scrutiny and control, through more restrictive registration and financial monitoring. This will cripple the ability of independent organizations to monitor abuses of human rights and hold the government to account for its actions. The right to freedom of expression and the right to free association will both be compromised.

We call upon the Milli Mejlis not to pass any amendments that could be used effectively and unjustifiably to hinder the professional activities of civil society and the media organisations. We also call upon the Milli Mejlis to make a commitment to bring its existing legislation into line with the government’s international obligations. As a state party to the International Covenant on Civil and Political Rights and the European Convention of Human Rights, the Government of Azerbaijan has a legal obligation to uphold the right to freedom of expression and freedom of association.



• For more information please contact: Zulfia Abdullaeva, Campaigner on South Caucasus/Central Asia, Amnesty International, zabdulla@amnesty.org; tel: +44 20 7413 5669; Nathalie Losekoot, Senior Programme Officer; Europe, nathalie@article19.org; tel. +44 20 7324 2500; Rachel Denber, Deputy Director, Europe and Central Asia division, Human Rights Watch; tel: +1 212 216 1266 or Giorgi Gogia, South Caucasus researcher, Human Rights Watch; tel: +99 577 42 12 35
• Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories who campaign to end grave abuses of human rights.
• Human Rights Watch is an independent organization dedicated to defending and protecting human rights worldwide.
• International PEN is the world association of writers bringing together members in 102 countries in a common concern for the craft and art of writing and a commitment to freedom of expression through the written word.

Ireland: Blasphemy Amendment Contrary to Free Speech

The Irish government’s amendment on “blasphemous matter”, introduced in the Defamation Bill 2006, is contrary to the right to freedom of expression under international human rights law. ARTICLE 19 urges Ireland’s Parliament, the Houses of the Oireachtas, to reject this amendment.

ARTICLE 19 very much welcomes the primary motivation behind the Defamation Bill 2006, inasmuch as it seeks to modernise defamation law in Ireland by decriminalising defamation and removing imprisonment as punishment for defamation. This is a result which ARTICLE 19 has been promoting globally for some time now and it is good that Western European countries are finally joining other countries around the world that have decriminalised defamation.

The government amendment, which was submitted to the Select Committee on Justice, Equality, Defence and Women’s Rights on 14 May 2009, provides for the offence of blasphemy whenever a person publishes matter which is “grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion” with the intention of causing such outrage. Conviction can lead to a fine of up to €100,000. There is a defence of “genuine literary, artistic, political, scientific, or academic value”.

The amendment has attracted significant criticism from within Ireland and beyond, including from the OSCE Representative on Freedom of the Media, Miklos Harazti, who has said that it “violates OSCE media freedom commitments and other international standards upholding the right to freely discuss issues of religion” and has “a chilling effect on freedom of expression”.

We acknowledge the Irish government’s position that, whilst it would prefer to abolish blasphemous libel altogether, the constitution precludes this, as Article 40(6)(1)(i) of the constitution of Ireland provides that the publication of blasphemous matter is an offence punishable by law. The Minister of Justice, Equality and Law Reform, Dermot Ahern, has indicated that the government does not intend to propose a constitutional amendment at this time. He has further explained the government’s reasons for proposing the amendment by suggesting that a 1999 decision which held that the common law offence of blasphemous libel did not survive the adoption of the constitution, Corway v Independent Newspapers (Ireland) Limited, had left a legal void which the government was bound to fill through legislation on the matter.

We consider that the amendment on “blasphemous matter” should be rejected for three reasons.

(1) We consider that the offence of blasphemy is inconsistent with a modern interpretation of international guarantees of freedom of expression, notwithstanding the continued presence of such offences in many countries. Blasphemy laws do not protect individuals against harm but serve instead to insulate the sensitivities of religious adherents by protecting religious ideas, symbols or objects from attack or insult. Blasphemy laws discriminate against atheists and non-theists by providing special protection for religious beliefs but not other deeply held views. We note that the Special Rapporteur on Freedom of Religion or Belief has expressed concern about blasphemy laws and suggested that a useful alternative to blasphemy laws would instead be proper implementation of Article 20 of the ICCPR, providing for prohibition of incitement to hatred, including on the basis of religion. It also goes against current trends toward abolition of blasphemy laws in democracies. Notably, in 2008, the common law offences of blasphemy and blasphemous libel were abolished in the UK.

(2) We note that the amendment does not provide for prison sanctions for blasphemy, but it does provide for a fine of up to €100,000. This is a considerable sanction, which is likely to have a chilling effect upon speech concerning religion, as suggested by the OSCE Special Representative on Freedom of the Media.

(3) We recognise the government’s argument that, if the amendment is adopted, the Irish law on blasphemy will be limited and prosecutions will be highly improbable. This cannot detract from the principled point made above, namely that the very idea of a blasphemy law runs counter to respect for freedom of expression. We note that the impact of the amendment will be felt well beyond Ireland. A compelling reason to reject this amendment is the negative message it sends to illiberal regimes seeking to justify their own repressive laws on religious offence, including blasphemy laws. It will also be seen as providing support to the arguments raised by the Organisation of Islamic Conference (OIC) and its supporters in favour of the continuation of adoption by UN bodies of resolutions on “combating defamation of religions”.

Instead of adopting a blasphemy law, the Irish government should respond positively to the essence of the Corway judgment, in which the Irish Supreme Court, in holding that the common law offence of blasphemy was void, emphasised the secular nature of the constitution and its guarantees of the right to freedom of conscience, of religion and of expression. The government should not add an offence of blasphemy to the existing law and should, instead, present in due course a referendum to delete Article 40(6)(1)(i) of the constitution, as recommended by both the Constitutional Review Group and the Joint Oireachtas Committee on the Constitution.

FURTHER INFORMATION:

• For more information please contact: Sejal Parmar, Senior Legal Officer sejal@article19.org +44 20 7324 2500
• To view the additional footnotes, please visit the ARTICLE 19 website at www.article19.org

The Gambia: Journalists and Gambia Press Union Executive Members Detained

THE GAMBIA: AUTHORITIES ARREST SEVEN JOURNALISTS FOR CRITICISING
PRESIDENT

Seven journalists and press union leaders were arrested this past week for
criticising the Gambian President for his comments on the unsolved 2004
murder of a prominent editor, report the Media Foundation for West Africa
(MFWA), Reporters Without Borders (RSF) and the Committee to Protect
Journalists (CPJ).

The Gambia's National Intelligence Agency (NIA) arrested seven journalists
in connection with a press statement issued on 12 June by the Gambian Press
Union (GPU). The statement criticised President Yahya Jammeh for his
assertion that the state was not involved in the murder of Deyda Hydara,
which has yet to be solved, and that press freedom was respected in the
country.

The seven are: managing editor Sam Sarr and reporter Abubacarr Saidykhan,
of the pro-opposition "Foroyaa" newspaper; deputy managing editor Ebrima
Sawaneh and publisher Pap Saine of "The Point" newspaper; and GPU's general
secretary Emil Touray, vice president Sarata Jabbi and treasurer Pa Modou
Fall.

"We firmly stand by our statements... and are today, more than ever before
determined to remain steadfast, courageous, and, to speak the truth, only
the truth and nothing but the truth," said Ndey Tapha Sosseh, GPU
president. According to Sosseh, the NIA action contravenes Section 207 of
the 1997 Gambian Constitution and various regional and international
treaties.

"The failure of the Gambian authorities to bring those responsible for the
killing of Deyda Hydara to justice has rightly angered local journalists,"
said CPJ. "Instead of answering journalists' legitimate questions about
this case, the authorities are locking them up. They should be released
immediately."

Hydara, editor and co-founder of "The Point", who was also the Gambia
correspondent for Agence France-Presse (AFP) and RSF, was shot dead on 16
December 2004 in the capital Banjul. At the time of his death Hydara had
become identified with outspokenness and barbed criticism of the
government.

RSF said media harassment had reached unprecedented levels with the
arrests. President Jammeh has for several years been on RSF's list of
"Press Freedom Predators". Gambia is ranked 137th out of 173 countries on
the organisation's worldwide press freedom index.

Related stories on IFEX.org:
- Three press union executives and four journalists detained by National
Intelligence Agency:
http://www.ifex.org/the_gambia/2009/06/16/arrests_by_nia/

From article 19:

Seven journalists and members of the Gambia Press Union (GPU) Executive have been held without charge by the Gambian National Intelligence Agency (NIA) since being called for questioning on 15 June 2009.

The arrests are believed to be in connection with a statement by the GPU on 11 June 2009, criticising comments made by President Yahya Jammeh during a television interview where he made what they describe as inappropriate comments about the murder in December 2004 of the editor of The Point newspaper, Deyda Hydara, and the status of Freedom of Expression in the country.

Those detained are: the, Sarata Jabbi, First Vice President of the GPU, Emil Touray GPU Secretary General, Pa Modou Faal, GPU Treasurer, Pap Saine and Ebrima Sawaneh, Editor and Deputy Editor of The Point newspaper, Sam Sarr and Abubacarr Saidykhan, Editor-in-Chief and reporter for the Foroyaa newspaper.

The arrests come only weeks after the 45th session of the African Commission on Human and Peoples Rights (ACHPR) held in May in the Gambia, where ARTICLE 19 urged the Gambian authorities to comply with their international obligations on freedom of expression and to allow journalists to work freely.

Media workers and those defending free expression in the Gambia operate in a climate of fear. ARTICLE 19 is gravely concerned that despite many recommendations and resolutions of the ACHPR, the Gambian government and its security agents continue to intimidate and harass media workers on a regular basis.

“We reaffirm our solidarity and support to the GPU and call on the Gambian authorities to immediately release those detained and to cease the intimidation and harassment of journalists” said Dr Agnes Callamard, Executive Director of ARTICLE 19.

South Caucasus: Continued Violence Against Journalists Symptomatic of Ongoing Repression in the Region

South Caucasus: Continued Violence Against Journalists Symptomatic of Ongoing Repression in the Region

ARTICLE 19 is becoming increasingly concerned that acts of violence against journalists in Armenia, Azerbaijan and Georgia are on the rise. Previous attacks have seen a lack of independent and prompt investigation, creating a climate of impunity for the perpetrators and fear amongst journalists working in these countries.

In recent weeks Armenia, Azerbaijan and Georgia have seen an increasing number of physical attacks on journalists and media workers, especially those covering politically sensitive issues such as opposition rallies in Georgia and the recent call for the cancellation of the “Flower Holiday” in Azerbaijan.

In Armenia, the most recent assault took place on 6 May, when Nver Mnatsakanian, a prominent television anchor and host at Shant TV, was attacked and beaten by unknown assailants outside his home in Yerevan.

ARTICLE 19 specifically calls on the Armenian authorities to condemn any attacks on journalists and to undertake to end all attacks. In order to prevent other attacks, ARTICLE 19 also urges the government to fully investigate all violent incidents, thereby sending a clear message that such abuses will not be tolerated.

In Azerbaijan, police used physical force against Durna Safarli, Radio Liberty correspondent; Elchin Hasanov, from Yukselish Namina; and Afgan Mukhtarli and Layla Ilgar from Yeni Musavat newspaper on 10 May 2009 while they were covering events surrounding the “Flower Holiday”.

The “Flower Holiday” is an annual celebration of the birthday of former President Geydar Aliyev on 10 May. This year students called for it to be cancelled, to commemorate 13 people killed at the State Oil Academy in Baku on 30 April 2009. Journalists attempting to investigate these killings were also prevented from accessing information by authorities.

ARTICLE 19 urges the Azerbaijan government to set up an independent investigation into the police violence surrounding this year’s “Flower Holiday” and promptly investigate police attacks on journalists and peaceful protesters. Members of the public were beaten and approximately 50 demonstrators were detained for a number of hours on this day, simply for exercising their right to free expression.

ARTICLE 19 also calls for a complete disclosure of the findings of the investigation into the killing of 13 people at the State Oil Academy in Baku on 30 April 2009. The Azerbaijani public has the right to know what happened and who was responsible for this unprecedented massacre.

In Georgia, journalists covering political opposition activities have reportedly been subject to police ill-treatment. These included, for example, Nino Komakhidze and Ani Khavtasi from The Versia newspaper who were covering an opposition movement protest on 7 April. They were allegedly also part of another group of journalists who were assaulted on 6 May, when violence erupted outside a Tbilisi police station.

ARTICLE 19 urges the Georgian government to conduct a prompt and independent investigation into the alleged police attacks. We also call on the Georgian authorities not to repeat the excessive use of force used to quell demonstrators in November 2007, including the beating of journalists by police.

ARTICLE 19 notes that Armenia, Azerbaijan and Georgia have ratified the International Covenant on Civil and Political Rights and the European Convention on Human Rights and Fundamental Freedoms, which both guarantee the fundamental right to freedom of expression, including the protection of journalists.

NOTES TO EDITORS:

• For more detailed information on individual cases, please refer to the attached appendix.
• Please contact Nathalie Losekoot, Senior Programme Officer, Europe, at nathalie@article19.org or +44 207 239 1193

Appendix: List of Individual Journalists Attacked in South Caucasus

Armenia

On 6 May 2009 Nver Mnatsakanian of Shant TV was beaten by unknown assailants, suffering injuries to his head, feet and hands.

On 30 April 2009, Argishti Kiviryan, the founding editor of Armenia Today, was severely beaten with wooden batons across the face and body on his way home from work. He was hospitalised in a serious condition. According to eyewitnesses the attackers also shot at Kiviryan, although he was not hit.

These attacks follow on from previous incidents. In August 2008, Lusine Barsegian from Haikakan Zhamanak and Hrach Melkumyan, Radio Liberty acting director, were attacked and hospitalised in separate events. Edik Baghdasarian, editor of the news magazine Hetq, was also assaulted in November 2008. The editor-in-chief of Iskakan Iravunk newspaper, Hovhannes Galajian, has been severely assaulted twice, in 2006 and again in 2007. Even though Armenian police authorities have vowed to end the spate of recent attacks, no one has so far been found guilty.

Azerbaijan

On 10 May 2009, Durna Safarli, Radio Liberty correspondent, Elchin Hasanov, an employee of Yukselish Namina, and Afgan Mukhtarli and Layla Ilgar of Yeni Musavat were the victims of police force while covering events surrounding the “Flower Holiday”.

On 26 April, ANS TV correspondents Nijat Suleymanov, Elmin Muradov and Azer Balayev reported that they were subjected to ill-treatment by police when trying to report on the destruction of a building.

Assaults, including the murder of journalists, have continued to take place with impunity in Azerbaijan. The government’s failure to meaningfully investigate violence or threats of violence, thus implicitly condoning them, is illustrated by the fact that the 2005 murder of Elmar Huseynov, the editor-in-chief of the Monitor, remains unsolved. In 2008 alone, there were at least 49 incidents involving verbal or physical assaults on journalists.

These include four separate attacks, including the stabbing of Azadlyg reporter, Agil Khalil, who was later subject to a smear campaign on government-controlled television. Sergei Strekalin was sentenced for the attack although Khalil denies he was the person who attacked him. As a result of more attacks, Khalil was forced to flee the country by the end of 2008.

Hakimeldostu Mehidyev, correspondent for the Institute for Reporters’ Freedom and Safety (IRFS) in the Autonomous Republic of Nakhchivan (situated within Azerbaijan) has also been subjected to several attacks, the latest in January 2009, when he was hit with a ceramic ashtray in the face. He had been filming a gathering of the political opposition. No criminal investigation has been initiated to date. In March 2009, he had a car crash after his car was allegedly tampered with.

Idrak Abbasov, another journalist for IRFS, was hospitalised with heart problems on 20 February 2009 after returning from Nakhchivan where he stated he was subjected to physical and psychological abuse by the National Security Ministry (NSM).

In June 2008, the journalist Emin Huseynov was detained and assaulted by police, after which he was hospitalised for 24 days, and continues to receive treatment. Court proceedings in the case are ongoing.

Georgia

Attacks on journalists have become increasingly common. On 7 April, police reportedly ill treated Nino Komakhidze, a journalist, and Ani Khavtasi, a photo-journalist from The Versia newspaper, when they covered an opposition movement protest.

On 6 May, the abovementioned journalists, together with Salome Kokiashvili, a Public Broadcasting correspondent, Zaza Shukvani, a Kavkasia TV Company cameraman, and Levan Kalandia, a Rustavi 2 cameraman, were seriously injured in a violent episode that erupted when opposition supporters clashed with police – who allegedly used truncheons and rubber bullets – outside a police station in Tbilisi.

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/