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A SAFETY GUIDE FOR ARTISTS
January 26, 2021
© 2021 Artists at Risk Connection (ARC).
All rights reserved.
Artists at Risk Connection (ARC), a
project of PEN America, manages a
coordination and information-sharing
hub that supports, unites, and advances
the work of organizations that assist
artists at risk globally. ARC’s mission
is to improve access to resources for
artists at risk, enhance connections
A SAFETY GUIDE
among supporters of artistic freedom,
and raise awareness of challenges to
artistic freedom.
For more information, go to
artistsatriskconnection.org.
Authors: Gabriel Fine and Julie Trébault
Editor: Susan Chumsky
FOR ARTISTS
Design by Studio La Maria
ARC is a project of PEN America.
This guide is made possible thanks to
the generous support of the Andrew W.
Mellon Foundation; the Andy Warhol
Foundation for the Visual Arts; the
Elizabeth R. Koch Foundation; the Silicon
Valley Community Foundation; and the
Taiwan Foundation for Democracy.
CONTENTS
4 5
FOREWORD 06 Documenting Online Harassment 61
Documenting Verbal Harassment and Threats 62
INTRODUCTION 08 Documenting Physical Harassment, Threats, and Attacks 63
12 Documenting Arrest, Detention, or Imprisonment 64
METHODOLOGY
PATTERNS OF PERSECUTION 17 SECTION 5: FINDING ASSISTANCE 67
23 When to Seek Assistance 68
SECTION 1: DEFINING RISK
Using ARC’s Database 70
What Kinds of Threats Do Artists Face? 24 Who Can Provide Support? 71
Who Is Most Vulnerable to Threats? 27 Human Rights Organizations 71
Where Are Threats Most Likely to Come From 30 Arts or Artistic Freedom Organizations 72
Knowing Your Country’s Laws 32 Governments and Governmental Organizations 73
International Mechanisms 73
SECTION 2: PREPARING FOR RISK 39 Types of Support Available 74
Avoid Making Yourself a Target 40
Setting Up a Support Network 41
SECTION 6: RECOVERING FROM RISK 81
Making a Plan 42 Seeking Redress for Torture 83
Preparing with Your Lawyer 43 Refugee Assistance 84
Financial Security 43
Escape Plan 44 CONCLUSION 86
You Can Never Be Too Prepared 46
ARTISTS’ VOICES 89
SECTION 3: DIGITAL SAFETY 49 APPENDIX 142
SECTION 4: DOCUMENTING THREATS 59
ACKNOWLEDGMENTS 154
Threat Analysis: What Is the Nature of the Threat Against You? 60
FOREWORD
6 7
A great deal of my work as Special
Rapporteur has been devoted to
understanding the needs of cultural
rights defenders and advocating for the
steps that should be taken to ensure
One night in October 2019, as a curfew Rights Council in support of the cultural their safety. In offering a comprehensive
blanketed the city of Santiago, Chile rights mandate. All these activities have toolkit of practical strategies to counter
during nationwide demonstrations for made a significant contribution to work the risks, I am certain that this guide will
social justice, opera singer Ayleen Jovita on cultural rights in the United Nations be crucial in advancing artists’ safety
Romero peacefully protested by singing system. Through stakeholder meetings around the world. I also hope it will
“El derecho de vivir en paz” (“The right that ARC has helped facilitate, they have help bring much-needed attention from
to live in peace”) from her window, a also played an important role in working governments, international mechanisms,
song made famous by singer Victor Jara to build a coalition of civil society human rights organizations and civil
before he was murdered following the organizations to defend the cultural society generally to the threats that
1973 military coup. rights of different constituencies, artists face, therefore helping to ensure
including women, persons with that the next Victor Jara or Ayleen
As UN Special Rapporteur in the Field disabilities, indigenous peoples, Jovita Romero in any country is able to
of Cultural Rights, I shared this example minorities, and LGBTQIA+ people. make their work in peace.
in my March 2020 report on cultural With their wide-ranging understanding
rights defenders (CRDs)—human of both the human rights and cultural –Karima Bennoune, United Nations
rights defenders who defend cultural spheres and their intersections, ARC Special Rapporteur in the Field of
rights in accordance with international has excellent capacity to be a catalyst Cultural Rights
standards—because this story shows for collaboration and to help raise
the ways that artists can both challenge awareness of cultural rights like artistic
injustice and bring hope to others in freedom at the international level.
difficult times. Artists and their work
promote access to culture and creative It is therefore my pleasure to introduce
responses in the face of human rights A Safety Guide for Artists, a vital tool
violations and strife. Yet, artists and to help artists access needed support
other CRDs have not been adequately in the face of threats to their human
recognized as human rights defenders, rights. Similar to analogous guides for
and therefore receive insufficient journalists and other human rights
protection when their work puts them at defenders, this guide affords a critical
risk around the world. tool for those working to defend
their own right to freedom of artistic
Over the past few years, I have had the expression and that of others.
opportunity to collaborate frequently
with the Artists at Risk Connection The field of artist support is constantly
(ARC) on just such issues, jointly hosting evolving, as new programs emerge and
expert meetings and public programs as artists continue to be mainstreamed
and working together along with other into discussions of defending human
partners on advocacy concerning rights. This critically important guide
persecuted artists. ARC has also offers a window into that field, helping
coordinated joint statements with a artists develop strategies to overcome
range of other civil society organizations persecution.
engaged on these issues at the Human
FOREWORD FOREWORD
INTRODUCTION
8 9
700 incidents in at least 93 countries in Rights’ 2020 report, artists are cultural
which artists’ rights were violated18— rights defenders—those human
numbers that do not include hundreds rights defenders who act in defense of
of cases that go unreported. While many culture—and therefore deserve the
artists defy these attacks and continue same recognition and protection as
their work, others live in constant fear traditional human rights defenders.22
The year 2020 has exploded with And yet, at the same time, to a degree for their safety and the safety of their Artists take risks, but they should not
global crises. Even before the COVID-19 not seen in decades, opposition families, and some have been intimidated have to risk their lives.
pandemic began, the rise of nationalist, movements are ascending, from into self-censorship or silence. Though
authoritarian, and extremist regimes protests of police brutality in the United many threats come from state actors What Is ARC?
and conflicts around the world led to States12 to massive demonstrations such as governments, politicians, The Artists at Risk Connection (ARC),
disturbing increases in violations of rejecting the rigged 2020 presidential police, and the military, they can also a project of PEN America, aims to
fundamental human rights. In response election in Belarus.13 Throughout this come from non-state parties, including safeguard the right to artistic freedom
to these threats, massive social outpouring of dissent, artists have extremist groups, fundamentalist of expression and ensure that artists
movements, from pro-democracy stood at the forefront,14 bearing witness or conservative communities, and everywhere can live and work without
protests in Hong Kong1 to calls for a new to inhumanity and catalyzing solidarity even one’s own neighbors and family fear. ARC works to achieve this goal
constitution in Chile,2 arose, generating through songs,15 slogans,16 and members. These attacks rob artists of primarily by connecting persecuted
hope for more equitable societies. murals17 that call for change. When the opportunity for creative expression artists to our growing global network
But these movements also led to ever artists are able to express themselves and impoverish democratic discourse of resources, facilitating cooperation
greater dangers for activists, frontline freely, they can be forceful and by excluding challenging ideas and among human rights and arts
workers, and outspoken voices. influential voices that document perspectives and depriving the public organizations, and amplifying the stories
oppression, articulate cultural critiques, of valuable contributions, insights, and and work of at-risk artists. ARC plays
The health crisis has only intensified and accelerate social progress. Art can inspiration. the role of connector and coordinator,
these realities. Beyond placing offer an essential outlet for nurturing matching need and response to equip
restrictions on everyday life, from free thought and exercising free will. Artists are vital to the health and artists with the means to withstand
the shuttering of venues and public It can help independent viewpoints longevity of free and open societies, pressure and continue creating.
spaces3 to the shutdown of borders,4 survive, challenge orthodoxies in ways and their importance is enshrined in
authoritarian regimes and declining both subtle and overt, and create international law. “Artistic expression,” Since its inception in 2017, ARC has
democracies alike have exploited the openings that allow citizens to imagine as former UN Special Rapporteur assisted more than 280 individual
pandemic to crack down on dissent. a different future. in the Field of Cultural Rights Farida artists and cultural professionals from
They have curbed protests through Shaheed has stated, “is not a luxury, over 63 countries by connecting them
enforced curfews,5 criminalized activism But this power can also put artists at it is a necessity.”19 As a fundamental to a wide range of services, most
under the guise of vague laws meant to the forefront of backlash, exposing human right, it is addressed in varying frequently including emergency funds,
curtail “spreading disinformation” about them to violence, intimidation, and ways in a number of documents legal assistance, temporary relocation
the virus,6 and more. The pandemic other forms of persecution by both within the international human rights programs, and fellowships. Thanks to a
helped quell the protests in Iran7 and Iraq governments and non-state actors. It is framework, including article 27 of core network of over 70 partners, over
to Argentina and Venezuela8 to Hong no accident that artists are among the the Universal Declaration of Human 50 percent of artists who seek our help
Kong,9 where the Chinese legislature first targets for suppression during the Rights;20 article 15 of the International have already received direct support.
slammed through a disturbing national rise of authoritarian regimes, the spread Covenant on Economic, Social and Our network is the heart of ARC: Since
security law10 that many believe signals of armed conflicts, and the collapse of Cultural Rights;21 and related provisions we are not a direct service provider
the end of Hong Kong’s autonomy and democracies. of the International Covenant on Civil but a hub that brings together the vast
which has already been used to arrest and Political Rights. It is also addressed constellation of organizations that
countless outspoken voices.11 In 2019, the Artists at Risk Connection by UN Special Rapporteurs in the support artists, our work would not be
(ARC) received more requests for field of cultural rights and freedom of possible without the diverse partners we
assistance than in any previous year, expression; as outlined in the Special refer artists to.
and global watchdogs documented over Rapporteur in the Field of Cultural
INTRODUCTION INTRODUCTION
10 11
You can contact ARC through our In such cases, we recommend getting Special Thanks “Nearly 3 months after vote, Belarus protests still
13
go strong,” Associated Press, October 31, 2020.
website, via email at arc@pen.org, in touch with ARC or with one of This guide would not exist without
or via our encrypted intake form. For the vast array of organizations that the continued, crucial support of the 14
Carly Mallenbaum, “Art activism: Stories behind
murals, street paintings and portraits created in
more information about using ARC’s might be able to meet your specific Andrew W. Mellon Foundation, ARC’s protest,” USA Today, July 6, 2020.
resources, please refer to the “Finding needs with specific assistance, many primary funder; the Andy Warhol
Marta Balaga, “Las Tesis, Collective Behind Anti-
15
Assistance” section. of which are listed in the appendix. Foundation for the Visual Arts; the Rape Protest Song, on Campaign Against Violence,”
Because the world changes quickly, Elizabeth R. Koch Foundation; the Silicon Variety, October 31, 2020.
Why Does This Guide Exist? we will give frequent updates to keep Valley Community Foundation; and 16
Aliaksandr Bystryk and Karolina Koziura, “Strategies
In the four years since ARC was created, this information relevant. In particular, the Taiwan Foundation for Democracy. of Protests from Belarus,” Public Seminar,
November 9, 2020.
we have been fortunate to collaborate the COVID-19 pandemic has caused We are immensely grateful to them for
with a vast array of partners working on massive disruptions in the field of helping ARC make the world a safer Raisa Bruner, “ ‘Art Can Touch Our Emotional Core.’
17
Meet the Artists Behind Some of the Most
the ground to support artists at risk. We artistic freedom. Some of the resources place for artists. Widespread Images Amid George Floyd Protests,”
have engaged an even larger number recommended in this guide may TIME, June 3, 2020.
NOTES
of organizations that might not currently be on hiatus or be offering 18
“The State of Artistic Freedom 2020”, Freemuse,
traditionally have supported artists altered services. We always recommend April 15, 2020.
but are now beginning to serve them, checking organizations’ websites 19
Farida Shaheed, “The right to freedom of artistic
such as Freedom House, Front Line directly to get the most up-to-date expression and creativity,” UNESCO , March 14, 2013.
Defenders, and ProtectDefenders.eu. information regarding their support. 20
“Universal Declaration of Human Rights,” OHCHR,
However, while a number of robust 1948.
guides exist for vulnerable journalists,23 This guide has been inspired by the 1
“Hong Kong kicks off 2020 with fresh protests,”
BBC, January 1, 2020. “International Covenant on Economic, Social and
21
cartoonists,24 and human rights practical experience of ARC and Cultural Rights,” OHCHR, 1966.
defenders,25 and other vulnerable our partners. In compiling it, we have 2
Philip Reeves, “Protests in Chile,” NPR, January 11,
2020.
22
Karima Bennoune, “Cultural rights defenders.
groups,26 no such tool exists expressly listened to artists themselves— Report of the Special Rapporteur in the field of cultural
rights,” pp. 3-4, OHCHR, 2020 and OHCHR, “Who is a
for at-risk artists. their direct requests for assistance, 3
Valentina Di Liscia, “As the Art World Shuts Down
Over COVID-19, Uncertainty Plagues Hourly defender?”
their responses to a survey that we Workers,” Hyperallergic, March 19, 2020.
“Safety Guide for Journalists,” Reporters Without
23
In creating this manual, ARC aspires to conducted in 2018, and their thoughts 4
“Coronavirus: Travel restrictions, border shutdowns Borders and UNESCO , 2015.
offer concrete recommendations and expressed in in-depth interviews that we by country,” Al Jazeera, June 3, 2020. 24
“Practical Guide for the Protection-of Editorial
provide a comprehensive tool kit to help conducted in 2020. We have also drawn 5
Anthony Faiola, Lindzi Wessel, and Shibani Mahtani, Cartoonists,” Cartooning for Peace, 2019.
artists navigate, counter, and overcome on research and manuals published by “Coronavirus chills protests from Chile to Hong 25
See “New Protection Guide for Human Rights
threats and persecution. This guide will organizations that specialize in assisting Kong to Iraq, forcing activists to innovate,” The
Washington Post, April 4, 2020. Defenders,” Protection International, 2009 and
cover topics including cybersecurity artists, journalists, and human rights “Protection Guide for Human Rights Defenders,”
Front Line Defenders, 2005.
threats and best practices; tactics used defenders. Certain sections might act 6
“Thai Artist Arrested for Posting About Country’s
Coronavirus Screening,” PEN America, March 25,
by governmental and non-governmental as a gateway to other organizations’ 2020.
26
Gary McLelland and Emma Wadsworth-Jones,
“Humanists at Risk: Action Report 2020,” Humanists
actors to attack artists; resources resources, to which we have provided 7
Max de Haldevang, “Coronavirus has crippled global International, 2020.
available to artists under threat and useful links or footnotes. protest movements,” Quartz, April 1, 2020.
ways for organizations to provide 8
Faiola, Wessel, and Mahtani.
support; methods of identifying risks This guide will be continually updated as
to yourself; strategies for developing trends and recommendations change. 9
Austin Ramzy and Elaine Yu, “Under Cover of
Coronavirus, Hong Kong Cracks Down on Protest
a safety net and plan; actions to take Movement,” The New York Times, April 21, 2020.
against perpetrators; and an appendix We hope that by presenting the voices of “Hong Kong security law: What is it and is it
10
of further resources. artists who have faced similar challenges worrying?” BBC, June 30, 2020.
and the strategies they used to overcome 11
Austin Ramzy, Tiffany May, and Elaine Yu, “China
Although ARC has tried to make this them, this guide can help at-risk artists Targets Hong Kong’s Lawmakers as It Squelches
manual exhaustive, every experience feel less alone, more prepared, and Dissent,” The New York Times, November 11, 2020.
of risk is unique, and this guide may not better able to make their art in peace. 12
Eliott C. McLaughlin, “How George Floyd’s death
provide every tool for every scenario. ignited a racial reckoning that shows no signs of
slowing down,” CNN, August 9, 2020.
INTRODUCTION INTRODUCTION
METHODOLOGY
12 13
partners. Partners regularly conduct often they have experienced them. It
research and publish reports, many of also asked artists about their views of
which have been cited throughout this the assistance process, perceived gaps
manual. In addition to collaborating on in available support, regions where risk
assisting at-risk artists, ARC regularly is most acute, and more. The survey
WITH OUR BIRD’S-EYE VIEW OF THE FIELD OF works in concert with our partners when provided crucial data that has helped
attending international forums and hosting ARC better understand the worldwide
AVAILABLE RESOURCES, ARC DEVELOPED THIS GUIDE public and private programs—giving landscape of threats and support.
us insights into how service-providing
BY DRAWING UPON THE WEALTH OF EXPERTISE OF organizations operate, which trends and In addition to general biographical
challenges are most salient, and which questions, the main questions of the
OUR GLOBAL PARTNERS AND PEN CHAPTERS AND organizations are best equipped to survey included:
provide support to artists in need. This
UPON INFORMATION GLEANED FROM THE 280 ARTISTS guide, and ARC’s work, would not be • What do you feel is the biggest threat
possible without their knowledge. to freedom of artistic expression?
ARC HAS HELPED CONNECT TO DIRECT SUPPORT, 197
Requests for Assistance from • Have you experienced persecution
RESPONSES TO A SURVEY OF PERSECUTED ARTISTS Artists at Risk as a direct result of your work
Since its inception, ARC has received as an artist?
CONDUCTED IN 2018, AND 13 INTERVIEWS CONDUCTED 280 requests for assistance from › To the best of your knowledge, who
artists in 63 countries, and we work are/were the perpetrators of the
IN 2020 WITH PROMINENT ARTISTS WHO HAVE daily to refer these artists to our partner persecution?
organizations. By analyzing trends › To the best of your knowledge,
EXPERIENCED PERSECUTION. in these requests, ARC has gained a what is/was the reason for the
deeper understanding of the state of persecution?
artistic freedom and has been able to
make inferences that helped inform the • What action(s) did you take
contents of this guide. But the requests or are you currently taking to
Global Network these organizations, about 70 constitute that ARC receives by no means capture protect yourself?
ARC strives to act as a clearinghouse, ARC’s core network—partners the full scope of persecution faced by
bringing together the vast constellation that ARC consistently turns to and artists. Though ARC receives about • What kind of support, if any, did you
of global resources for artists at risk into collaborates with when aiding artists 87 requests a year, research from our receive, or are you receiving?
one accessible hub. Before its existence, at risk. In addition to its global network, partners and other watchdogs suggests
artists in need and their allies would have ARC has an Advisory Committee that hundreds, if not thousands, more • When persecuted, what was/is the
to peruse hundreds of individual made up of prominent artists and artists face substantial threats. best way for you to access information
websites to search the scope of existing representatives of core partners. This about support?
resources. With ARC’s database, all of wide range of partners gives ARC a 2018 Survey of Artists at Risk
these resources are compiled in one unique opportunity to study the To complement and deepen the 2020 Interviews Conducted
portal. When ARC was launched in field of artist support as a whole and information that ARC has gleaned from with Artists at Risk
2017, its network included 709 partner understand what services exist, which the artists who contact us, in 2018 we Each of ARC’s in-depth interviews with
organizations—579 in its public, are most helpful, and how artists can surveyed 197 individual artists at risk 13 prominent artists who have previously
searchable database and 130 in a most effectively navigate them. globally to better understand their been or are currently at risk lasted
private database offering resources to needs, conditions, and challenges. approximately one and a half to two
persecuted artists. As of October 2020, Much of this manual draws upon the This survey explored questions about hours and explored the artist’s career,
the network has grown to 881 partners, insights, expertise, research, and what types of risk artists perceive, what activism, and experiences coping with
including 673 in the public database. Of resources of this diverse group of risks they have experienced, and how persecution and finding assistance.
METHODOLOGY METHODOLOGY
14 15
Conducting firsthand interviews • When threats began, please walk
enabled ARC to ascertain what the lived me through what you did to find
experience of risk is like, what tactics assistance. Did you reach out to
artists use 13 to counter threats, what other members of the art or activist
forms of support help most, and what community, or elsewhere, such as
Amérique du Nord - 38.89% forms of support remain lacking. ARC human rights groups?
Europe - 22.22% interviewed the following artists:
Moyen-Orient et Afrique du Nord (MOAN) - 22.22%
Afrique - 5.56%
• If you did receive assistance from a
Asie - 11.11%
• Aslı Erdoğan, Turkish writer human rights organization, can you
• Betty Tompkins, American painter discuss what it was like to navigate the
• Dread Scott, American visual artist world of human rights support as an
Geographic repartition of artists surveyed in 2018.
• Hamed Sinno, Lebanese singer artist?
• Kubra Khademi, Afghan performance
artist • What was your experience in
0 10 20 30 40 50 60 70 80 90 • Masha Alekhina, Russian member of turning to the art community for help?
art collective Pussy Riot What advice would you offer to other
Film / Vidéo 81 • Nanfu Wang, Chinese documentary artists who are put at risk because
Écriture / Littérature 64 filmmaker of their artwork/activism for the first
Théâtre / Perfomance 53
• Oleg Sentsov, Ukrainian filmmaker time?
• Shahidul Alam, Bangladeshi
Arts plastiques / visuels 49
photographer For more about each artist, see the
Photographie 36 • Tania Bruguera, Cuban performance “Artists’ Voices” section of this manual.
Technique mixte / Interdisciplinaire 34 artist Interview excerpts have been edited for
Musique 18
• Valsero, Cameroonian rapper brevity and clarity.
Autre (veuillez préciser)
• Wanuri Kahiu, Kenyan filmmaker
9
• Yulia Tsvetkova, Russian visual artist.
Dance 7
North America - 38.89%
Design / Mode
Europe - 22.22%
5 The main interview questions included:
Middle East and North Africa (MENA) - 22.22%
Africa - 5.56% • Can you tell me about your
Asia - 11.11%
Disciplinary composition of the artists surveyed in 2018.
development and career as an artist?
As an activist? At what point did you
realize these two were connected?
40 38.89%
35 • When did you first experience risks,
30 27.78%
threats, harassment, persecution, etc.,
25
as a result of your creative approach?
22.22%
How have the threats intensified over
20
your career as you continued to make
Moins de 18 ans - 5.56%
15 artwork?
18-34 - 38.89%
10
5.56% 5.56% 35-44 - 22.22%
5 45-54 - 27.78% • How did threats/persecution affect
0 55+ - 5.56% your creative practice? How were your
Moins 18–34 35–44 45-54 55+ life and career affected?
de 18 ans
Age of the artists surveyed in 2018 at time of first persecution.
METHODOLOGY METHODOLOGY
16 17
PATTERNS
OF
PERSECUTION
PATTERNS OF PERSECUTION
PATTERNS OF
18 19
(13 percent), and other cultural by relocating to a safer area, either
PERSECUTION
professionals such as curators, theater temporarily within their country or
directors, art scholars, and researchers region or long-term, often to countries
(10 percent). in the Global North. Requests for
relocation tend to come alongside
Requests for assistance overwhelmingly those for emergency grants, often to
come from artists who identify as pay travel costs, or living costs after
male—only 28 percent of ARC’s cases relocation. Although some urgent funds
THROUGHOUT ARC’S EXISTENCE, THE NUMBER OF have been imperiled women. Yet while are earmarked specifically for artists,
female and non-gender conforming many tend to be restricted to extremely
REQUESTS FOR ASSISTANCE FROM AT-RISK ARTISTS artists make up only a small percentage prominent artists seeking to carry out
of ARC’s cases, the risks they experience specific creative projects and are only
HAS CONTINUOUSLY GROWN. WHILE THIS GROWTH tend to be greater in severity and related rarely reserved for those in dire need.
to their gender in some capacity, which is Instead, ARC must often connect at-risk
IS PARTLY DUE TO INCREASED AWARENESS OF ARC’S not typical for male artists’ persecution. artists to emergency grants for human
Furthermore, threats tend to more rights defenders, offered by a wide
RESOURCES, WE BELIEVE IT IS ALSO ROOTED IN THE significantly affect artists who identify range of human rights organizations
with minority groups, whether due to their around the world.
GLOBAL RISE OF AUTHORITARIAN, NATIONALIST, AND gender, sexuality, language, ethnicity,
religion, race, or class. Requests for relocation and emergency
EXTREMIST REGIMES AND GROUPS THAT ARE EXERTING grants are followed in frequency by
Thirty-two percent of artists who contact requests for legal assistance (such
PRESSURE ON ARTISTIC FREEDOM OF EXPRESSION. ARC for assistance do so because they as representation in a criminal case,
are experiencing threats of violence, immigration advice, and trial monitoring)
THE COVID-19 PANDEMIC HAS ONLY EXACERBATED death, verbal or physical harassment, or and for advocacy (help with raising
arrest, followed in frequency by artists awareness about their situation and
SUCH THREATS. who have already been arrested or putting pressure on governments,
detained and are looking for assistance institutions, or other perpetrators). More
either to avoid imprisonment or to be often than not, however, artists request
released from prison (22 percent). a mix of services: They may need
Artists seeking asylum assistance and/or relocation assistance as well as funds to
Although artists from all over the many countries have only one to two looking for support in exile also make up a support them abroad, or they may need
world contact ARC for assistance, the artists a year who reach out for support, substantial portion (13 percent) of ARC’s public advocacy in addition to publishing
majority come from the Global South, ARC has received 36 requests for requests. opportunities to boost visibility of their
and from a few regions in particular. assistance from Iranian artists, nearly 14 case.
Year after year, since ARC’s inception, percent of the total number of requests. When ARC receives such requests, we
the most requests—42 percent—have Other high numbers come from Turkey assess the situation and level of risk
come from the Middle East and North (19), Egypt (17), Cuba (15), and Yemen (11). and connect artists to the support they
Africa (MENA) region, followed by artists need. ARC does not provide direct
from Africa (19 percent), Latin America In terms of artist disciplines, ARC services but rather refers artists to our
(14 percent), and Asia (11 percent), with receives the most requests from visual global network of partner organizations,
other regions constituting the remaining artists (a category that encompasses each of which has its own parameters
14 percent of requests. Within these anyone working in a visual medium, for what it can provide and how many
regions, certain countries tend to have including painters, filmmakers, and cases it can take on. Twenty-nine
higher rates of violations of artistic photographers), at 38 percent, followed percent of ARC’s requests have come
freedom than others. For example, while by writers (28 percent), musicians from artists seeking to flee threats
PATTERNS OF PERSECUTION PATTERNS OF PERSECUTION20 21
Types of assistance requested by region from 2018-2020, according to ARC data.
After artists receive support, ARC Beyond direct persecution, artists
stays in touch with them to ensure the often endure continuing difficulties
long-term sustainability of their safety, related to psychological and emotional
as they often find themselves bouncing trauma. So lasting security often
from one resource to another, their requires long-term cooperation with
threats persistent and ongoing rather organizations or a combination of
than singular, one-off experiences. short-term opportunities in succession.
Once - 15%
2-5 times - 40%
More than 5 times - 39%
Data from a 2018 survey of 197 artists who had experienced or were experiencing persecution.
PATTERNS OF PERSECUTION PATTERNS OF PERSECUTION22 23
1
DEFINING
RISK
Art is inherently political. Through creative work, artists use
image, representation, metaphor, motif, and more to challenge
the status quo, oppressive religious beliefs, reigning political
ideologies, social and cultural norms, and moral or economic
injustices. Artists don’t always make an active choice to be political;
often they do so unintentionally when their work unexpectedly
touches on sensitive topics. Yet engaging politics, deliberately or
not, can be one of the most dangerous acts of their career. Because
art has the power to move people and envision alternative, more
equitable societies, artists often face significant threats from
those seeking to silence them. These threats include censorship,
verbal or physical harassment, assault, arrest, legal prosecution,
imprisonment, torture, and even death.
Whether or not you affirmatively decide to be politically engaged
and make overtly political art, it is important to understand the
kinds of risks faced by artists around the world. Such awareness is
crucial to knowing how and why your own work might put you at
risk and will leave you better equipped to anticipate, withstand, and
ultimately overcome pressure.
DEFINING RISKWHAT KINDS
24 25
refused to censor her film, so it violated.39 On May 2, 2020, after
OF THREATS DO
was banned. Besides a one-week spending 793 days in pretrial
release period after Kahiu detention for filming a music
appealed, and in the face of video that was critical of el-
ARTISTS FACE?
international acclaim, Rafiki has Sisi, 24-year-old filmmaker
not been available in Kenya.36 Shady Habash died in jail.40 Not
Read more about Kahiu’s case long after, a friend, film editor
in the “Artists’ Voices” section. Sanaa Seif, was also placed in
pretrial detention. Her brother,
prominent activist Alaa Abd El
Detention, Legal Prosecution, Fattah, was already behind bars
ARTISTS CAN FACE A WIDE RANGE OF RISKS and Imprisonment in pretrial detention at the time.41
Detention, prosecution, and
AROUND THE WORLD. imprisonment are the second-most-
frequent violations of artistic freedom.37 Harassment, Violence,
THE FOLLOWING ARE THE MOST COMMON: Detention occurs when an artist is and Assault
arrested and taken to jail but has not Artists around the world can face
yet been charged with a crime. As generalized harassment, including
soon as an artist is indicted for a crime, physical violence and assault; online
Censorship prosecution begins. Artists who are abuse; verbal hate speech or threats
The enforced silencing of artists—by concern, as authoritarian regimes successfully prosecuted and convicted carried out in person, by phone, or on
preventing them from displaying or control what content is allowed online33 may be sentenced to prison or face digital platforms; physical assault such
promoting their work, forcing them and social media companies use some other punishment. Artists can be as beatings, police raids, or damage to
to alter its content, or damaging or arbitrary algorithms to remove content arrested, prosecuted, and imprisoned facilities and equipment; state violence,
destroying it—is far and away the deemed inappropriate.34 Furthermore, for a wide variety of reasons. Often including torture; and even killings or
most common threat worldwide.27 censorship begets censorship, and such actions are politically motivated, death sentences.
Censorship can be carried out by both many countries have cultures of but sometimes they are legitimized
state and non-state agents, through self-censorship, a toxic situation in under existing statutes and laws. To Sanctions and Fines
laws and regulations, corporate and which fear of censorship or retaliation understand what kind of laws you could Artists are frequently subject to fines
commercial pressures, or force and leads artists to muzzle themselves.35 be prosecuted under, see “Knowing and sanctions, which act as a sort of
intimidation. Many countries require Your Country’s Laws.” extension of censorship. Governments
artists to get licenses from a censorship try to force artists to be silent by levying
board to make art. State-sponsored In Kenya, filmmakers are heavy fees against them for a wide
censorship is often carried out on required to get approval from Egypt is one of the world’s range of reasons, from violating minor
such grounds as protecting national a censorship board before they most frequent jailers of artists laws and committing petty infractions to
security,28 controlling obscenity,29 can make and distribute their and writers.38 One of the most imposing sentences related to
regulating hate speech,30 promoting films. When Wanuri Kahiu, a common tactics used by criminal or civil prosecution.42
or restricting political or religious world-renowned filmmaker, President Abdel Fattah
opinions,31 and preventing libel.32 brought her film Rafiki to the el-Sisi’s government to silence Travel Bans
But censorship may or may not be legal, Kenya Film Classification Board, artists and other dissidents State persecution often goes hand in
and many countries have laws that she was asked to make a few is pretrial detention, which hand with travel bans. When a state
protect against it. changes. The film, about two allows detainees who have been seeks to criminalize an artist, it will often
young girls who fall in love, was arrested, but have not been place them under travel ban or even
In the internet age, censorship on viewed as too pro-LGBTQIA+ in formally charged or undergone house arrest for the duration of their
digital platforms by both private and a country where homosexuality trial, to remain in custody for up court case—and longer still if they are
public groups is another growing is still criminalized. But Kahiu to two years—a limit that is often handed a conviction. These tactics are
DEFINING RISK DEFINING RISKWHO IS MOST
26 27
meant to constrain an artist’s ability to
VULNERABLE
spread their work across borders and
cultures, seek safety in a third country,
and meaningfully advance their career
TO THREATS?
through international opportunities.
In Russia, travel bans are
frequently used against artists
currently on trial or under
investigation. In 2017 Kirill
Serebrennikov, a prolific WHILE ANY ARTIST CAN BE PUT AT RISK FOR THEIR
Russian playwright and theater
director, was detained and WORK, CERTAIN FACTORS INCREASE THE LIKELIHOOD
charged with embezzling 68
million rubles, a politically THAT THIS WILL OCCUR. WOMEN, LGBTQIA+ PEOPLE,
motivated and spurious
allegation meant to silence THOSE WITH DISABILITIES, SENIORS, MIGRANTS OR
a prominent critic of Putin’s
regime. He was placed under REFUGEES, AND MEMBERS OF RELIGIOUS, ETHNIC, OR
house arrest from August 2017
to April 2019, when he was LINGUISTIC MINORITIES OFTEN FIND THEMSELVES AT
released on bail. On June 26,
2020, he was convicted and HEIGHTENED RISK OF REPRESSION, AS DO ARTISTS IN
received a suspended sentence,
and although the case has now THE WORLD’S MOST RESTRICTIVE REGIONS.
concluded, he remains unable
to leave Russia, causing lasting
damage to his ability to engage
foreign arts institutions and Women and LGBTQIA+ People Russian feminist artist and
communities.43 Though male artists tend to make up activist Yulia Tsvetkova
more documented cases of risk, women is currently on trial for
and non-gender-conforming artists face disseminating pornography, a
a greater range of threats related to their charge that could land her in
gender than their male colleagues.44 prison for up to six years.
This occurs for a variety of reasons, Her only crime was making
including orthodoxies and regulations pro-LGBTQIA+ and
about gender and sexuality, regressive body-positive artwork.
social attitudes toward women, and After creating two social media
heightened risks of sexual violence. webpages that displayed work
The same holds true for members of by feminist artists, some of
the LGBTQIA+ community. Even if their which included frank depictions
work is not explicitly related to their of female genitalia, Tsvetkova
sexuality or gender, hostile attitudes and was arrested in November
biases toward these groups place them 2019 and charged in January
at inherently higher risk. 2020. In a society in which
DEFINING RISK DEFINING RISK28 29
“gay propaganda” is outlawed Even more shocking, Uyghurs Belarus is often labeled the
and in which homophobia and others are sent to the camps “last dictatorship in Europe.”
and misogyny are rampant, for everyday expressions of Its government exerts
Tsvetkova’s case was largely their culture or faith. Artists widespread control over the
seen as punishment for raising who in any way express Uygher cultural sphere, supporting
taboo subjects.45 For more cultural identity—or artists who official programs that serve its
on Tsvetkova’s case, see the simply are Uygher—are often ideological needs and cutting off
“Artists’ Voices” section. detained. Rashida Dawut, a funding for those that don’t. In
celebrated Uygher singer, was early 2020, numerous activists
sentenced to 15 years in prison and writers were tried for
Minorities or for alleged “separatism” in a participating in demonstrations
Underrepresented Groups secret trial in late 2019,54 and calling for independence from
Sometimes merely being a member of a countless Uygher artists, poets, Russia’s influence.58 Following
minority or underrepresented group can and activists have been massive protests in the wake
lead to persecution. Kurds in Turkey and similarly persecuted. of President Aleksandr G.
Iran,46 Tamils in Sri Lanka,47 Rohingya Lukashenko’s reelection in
in Myanmar,48 Palestinians in Israel or August 2020–– an election widely
occupied Palestine,49 and Uyghurs,50 Artists from Certain Regions viewed as rigged—writers,
Tibetans,51 and Hui 52 in China are among Artists around the world face risks, but members of PEN Belarus,59
the ethnic and religious minorities, some regions violate artistic freedom members of the art collective
stateless groups, unrecognized people, more regularly and brutally than others. Belarus Free Theater,60 and
or otherwise minoritized groups that While some of this variation can be countless other dissident
face persecution. attributed to discrepancies like a lack of artists have felt the brunt of the
reporting or lack of civil society support, government crackdown, facing
it is nevertheless important to recognize arrest and detention.61
In the name of combating that certain threats tend to occur at
“Islamist extremism,” the higher rates in certain regions. The
Chinese Communist Party Middle East and North Africa region
(CCP) has turned Xinjiang, consistently ranks as one of the highest
an autonomous region in violators of artistic freedom across a
western China, into a police number of metrics, followed by Asia and
state, where those who publicly Europe as the second- and third-most-
express their ethnic identity are risky places for artists.55
marked as potential enemies
of the state. Uygher people, But regional differences shift depending
a Turkic, Muslim-majority on the specifics. For instance,
group that makes up about Europe is one of the most common
half of the region’s population, places for threats based on minority
are especially vulnerable. backgrounds.56 And in 2019, the
According to estimates, more majority of imprisoned writers—141
than a million Uyghers are out of 238 cases—were in just three
believed to have been detained countries: China, Saudi Arabia,
in “reeducation camps” for and Turkey.57
“deradicalization.”53 Detainees
are not given a trial, a lawyer, or
any semblance of due process.
DEFINING RISK DEFINING RISKWHERE ARE
30 31
2019, he was arrested on the November 2012, after an
THREATS MOST
outskirts of a demonstration interview on BBC Tamil in
protesting the previous year’s which she said that legalizing
presidential election, which sex work would better protect
LIKELY TO
many Cameroonians saw as workers, Seyyid rapidly became
rigged to favor Biya. He spent a target of vitriolic criticism,
nine months in jail, awaiting harassment, and death threats
COME FROM?
trial for charges that carried from religious fundamentalists.
punishment as severe as the Since then, she and her family
death penalty, until he was have faced incessant attacks,
eventually released. 64 For more including threats of acid assaults
information on Valsero’s case, and rape. Not long after the BBC
see the “Artists’ Voices” section interview, the English academy
of this guide. that she ran with her sister was
THREATS CAN COME FROM A VARIETY OF SOURCES. vandalized. In 2019, authorities
notified Seyyid that she was a
THE MOST COMMON ARE STATES AND STATE ENTITIES,62 Non-State Groups target of National Thowheeth
Non-state agents such as terrorist Jama’ath (NDJ), a militant
WHILE NON-STATE GROUPS, CORPORATE OR and extremist groups, paramilitaries, Islamist group responsible for
organized crime, religious bombings that took place on
COMMERCIALENTITIES, AND OTHER SOURCES fundamentalists, and online trolls and Easter Sunday in 2019, forcing
hackers have also persecuted artists. her to go into exile.65
ALSO PRESENT RISKS. Those whose work pushes against
orthodoxies may be more likely to
experience the wrath of non-state Corporate or
agents if they live in especially Commercial Entities
State Groups Valsero, one of the most popular conservative or traditional societies. Corporate or commercial entities often
State groups, including governments, musicians in Cameroon, is Similarly, artists in conflict zones censor broadcasters, publishers,
heads of state, politicians, police, and known for politically tinged may face backlash from armed or communications companies, and
the military, are by far the most likely rap songs that call for greater extremist groups, and in such cases the other media that have political or social
entities to persecute artists, who are accountability and transparency availability of traditional legal recourse agendas.66 They may also target or
frequently imprisoned for criticizing from President Paul Biya’s can be slim. Trolls and hackers may seek harass artists. Broadcasters and media
government policies and practices.63 administration and that strive to harass artists online or compromise companies that are de facto mouthpieces
Artists whose work directly engages to spread awareness of civil their digital security. Artists can also for the governmentsometimes use their
political or social issues should prepare and political rights. Biya, who face attacks from family members, megaphones to spread disinformation or
for possible retaliation. Those who has ruled since 1982, has neighbors, and other artists within launch smear campaigns against artists.
criticize heads of state are frequently maintained power through their own communities.
prosecuted for criminal defamation decades of intimidation and
and sued for libel, even if the criticism force, and his regime has taken Social media platforms present
is valid or warranted. But “apolitical” art countless measures to curtail Sharmila Seyyid, an both opportunities and risks for
can also pose a threat to the status quo, freedom of expression. Over internationally acclaimed artists, enabling them to amplify
and artists should always be prepared the years, Valsero has been novelist and activist from Sri their messages while also leaving
for the possibility of state persecution, detained a number of times Lanka, has dedicated her life them vulnerable to persecution.
including by familiarizing themselves by Cameroonian police forces, to advancing gender equality These platforms are among
with laws used against artists, as and many of his concerts have and fighting extremism within the most common forums for
outlined below. been banned. On January 26, her Muslim community. In harassment, as trolls and other
DEFINING RISK DEFINING RISK32 33
hostile groups can easily single out open to interpretation, especially be especially wary of airing opinions on Workers Party (PKK), a militant
artists with vitriolic or threatening regarding hot-button subjects like social media and in other digital spaces. separatist group, branding them
speech.67 Artists also face internal terrorism and nudity.68 Women, as terrorists even if their art
censorship, as vague content queer, and transgender artists in no way advocates violence
regulation mechanisms based in particular have fallen prey to In Bangladesh, the draconian or even addresses the political
on “standards of behavior” are such content controls.69 Digital Security Act (DSA)— status of Kurds. Zehra Doğan,
formerly the Information and an influential journalist and
Communication Technology artist, was sentenced to prison for
Act (ICT)—is frequently used terrorism after painting a scene
to criminalize online dissent. based on a photograph of Turkish
KNOWING YOUR
With its vague definitions troops leveling a Kurdish town.79
and heavily punishable, non- Likewise, members of Grup
bailable offenses, the act Yorum, a musical collective that
COUNTRY’S
gives Bangladeshi authorities often advocates for Kurdish
unprecedentedly wide purview rights and uses the Kurdish
to crack down on freedom language in its songs, have
LAWS
of expression and launch been perennially arrested and
investigations into anyone whose convicted under trumped-up
activities and/or online speech is terrorism charges.80
deemed harmful or threatening.
Under the DSA and former ICT,
thousands of Bangladeshi artists, Entertainment Control
ARTISTS IN ANY SITUATION, REGARDLESS OF journalists, and activists have Another form of legislation that’s
been arrested.75 commonly used to target artists is
WHETHER THEY ANTICIPATE RISK, CAN BENEFIT FROM entertainment control acts. In
their most drastic form, these laws
A COMPREHENSIVE UNDERSTANDING OF THEIR Anti-Terrorism exist in countries with state censorship
Along with legislation that regulates apparatuses, such as China81 and Iran.82
COUNTRY’S SPEECH LAWS OR OTHER LEGISLATION speech and expression, governments In these countries, anyone who hopes to
increasingly turn to anti-terrorism laws create something that could qualify as
THAT IS USED AGAINST ARTISTS. to crack down on artists. At least eight entertainment—pretty much anything
countries have used anti-terrorism in the cultural sphere, including films, TV,
and/or anti-extremism legislation songs, and books—must first submit
against artists.76 In over half of such it to a censorship board, which grants
Logically, laws that regulate speech or Laws Regulating Speech prosecutions, the artists belonged to licenses to release the work. If the
expression are most likely to be used Many countries have laws that a minority group.77 board deems the content inappropriate
against artists thought to have crossed regulate varying forms of speech or not in line with state narratives, it
a line, so staying informed about the and expression. These laws usually will withhold the licenses, and if artists
general climate and current status of center on defamation and libel,70 In Turkey, almost any action circumvent such licenses and make
free speech and expression is crucial disinformation,71 cybercrime,72 online related to Kurdish identity their art anyway, they may face severe
to practicing your art safely. But artists speech,73 and broadcasting and or language runs the risk of threats like imprisonment.
can also be prosecuted under laws with telecommunications.74 Speech-related being criminalized under
seemingly no connection to art and laws are frequently used to criminalize counterterrorism regulations.78
expression. Laws to pay attention to, if artists for both the content of their work and When artists represent Kurdish Decree 349 in Cuba, enacted
they exist in your country, include, but the views they express. Artists working in life in their work, the government in 2018, institutionalizes and
are not limited to: countries that deploy such tactics should often invokes the Kurdistan expands limits on creative
DEFINING RISK DEFINING RISKNOTES
34 expression. The decree against Beijing and severely 35
criminalizes unregistered artistic weakens guarantees of freedom of expression. To keep track of laws
labor, granting authorities wide of expression within the city that might pose a threat to your artistic
remit to censor and constrain on vaguely defined “national practice, you should familiarize yourself
artists’ activities. Under Decree security” grounds, has ignited with organizations that maintain
349, there has been an immense widespread fears that Hong detailed, annual country reports, such 27
“The State of Artistic Freedom 2020”,
uptick in the censorship, Kongers’ civic freedoms are as Freedom House, Freemuse, and Freemuse, April 15, 2020.
harassment, and arrest of being erased. 87 In the weeks Human Rights Watch. 28
“Censorship and Secrecy, Social
independent artists in Cuba.83 after it was passed, prominent and Legal Perspectives,” MIT, 2001.
Since 2017 Luis Manuel Otero artists, writers, publishers, and Whether or not you actively criticize the 29
“Definitions of Censorship,” PBS.
Alcántara, an esteemed activists have been arrested government or call for social change in
performance and street artist, or forced into exile,88 as their a hostile environment, there is a wide 30
“Free Speech and Regulation of Social Media
Content,” Federation of American Scientists,
has been arrested at least 21 pro-democracy work is now range of scenarios that could endanger March 27, 2019.
times, frequently as a direct considered a threat to China’s your well-being. To prepare for them, it 31
“Censorship and Secrecy, Social and Legal
result of his outspoken criticism national security. is essential to understand and assess Perspectives, ” MIT, 2001.
of the decree.84 the types of threats that you might 32
“First Amendment and Censorship,”
encounter. American Library Association, October 2020.
Criminal Codes
National Security “About Democracy in the Digital Age,” Pew Research
33
Performance artists and musicians, Hopefully those threats never Center, February 21, 2020.
As outlandish as it may seem, in some whose work often incorporates or materialize, but knowing what they look 34
See “Internet,” National Coalition Against Censorship.
countries artists may find themselves occupies public spaces, can be like is crucial to effectively and
accused of violating national security especially vulnerable to charges safely navigating them if they do. 35
David Kaye, “Disease pandemics and the freedom of
opinion and expression,” OHCHR, July 24, 2020, p. 11.
laws merely for making art.85 In of hooliganism89 or vandalism.90
countries with hard-line governments, Obscenity91 and blasphemy92 laws 36
Cobie-Ray Johnson, “Wanuri Kahiu,”
Artists at Risk Connection, 2020
artists who are seen as promoting are also frequently used to criminalize
agendas that pose a threat to a ruling artists. Similarly, when a government 37
“The State of Artistic Freedom 2020,”
Freemuse, April 15, 2020.
regime or endorsing the cultural mores truly wants to silence artists or activists,
of a country deemed an enemy of a common tactic is to accuse them of 38
“Freedom to Write Index 2019,” PEN America.
the state may be prosecuted under economic crimes, such as spurious tax- 39
“60+ Organizations Call for Release of All Artists,
draconian national security laws.86 In or embezzlement-related charges.93 To Writers, and Journalists in Pre-Trial Detention in
Egypt,” Artists at Risk Connection, 2020.
the latter case, artists may be accused guard against such treatment, it is crucial
of using foreign cultures to dismantle for artists to maintain financial security 40
Declan Walsh, “Filmmaker Who Mocked Egypt’s
President Dies in Prison,” The New York Times,
the state, posing a danger to society. and legitimacy. When trouble arises, May 2, 2020.
Convictions under national security laws an error in your finances might be the
“World renowned actors, filmmakers, and writers call
41
can carry some of the most hefty prison reason a government that dislikes you on Egypt to release Sanaa Seif,” Artists at Risk
terms of any on this list. is able to put you behind bars. For more Connection, August 4, 2020.
on financial security, see “Preparing for Polina Sadovskaya, “Kirill Serebrennikov,”
42
Risk.” Artists at Risk Connection, e.g.
In Hong Kong, after months 43
Sadovskaya, Artists at Risk Connection.
of historic pro-democracy *** 44
ARC Case Data. Also see “Safety Guide for
protests against China’s Journalists,” Reporters Without Borders, 2015, p. 14.
encroaching influence on Ultimately, laws are ever-changing, as
Annie Kiyonaga, “Yulia Tsvetkova,”
45
the semi-autonomous island, are those in power, so it’s impossible to Artists at Risk Connection, June 2020.
Chinese officials rushed a give comprehensive recommendations 46
“Cultural policy effects on freedom of the arts in
national security law through that apply across the globe. Instead, Turkey, ” Index on Censorship, February 13, 2014.
the legislature. The law, which we suggest staying up to date on your 47
See “Tamils,” Minority Rights Group International.
criminalizes acts of protest country’s attitudes toward freedom
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