Bangladesh must immediately and unconditionally release Shahidul Alam

[vc_row][vc_column][vc_single_image image=”102127″ img_size=”full” add_caption=”yes”][vc_column_text]We, the undersigned hereby call for the immediate and unconditional release of the renowned photographer, artist, teacher, curator and human rights activist Shahidul Alam.

Dr Alam was arrested on 5 August 2018 by around 30-35 members of the detective branch of the Dhaka Metropolitan Police who dragged him away by force. Alam’s crime, we are told, is to have contravened the Information and Communication Technology (ICT) Act. Described as “draconian” by Human Rights Watch, the act has become an infamous means of clamping down on freedom of expression in Bangladesh.

Dr Alam has been accused of hurting “the image of the nation” through comments he made on social media and in an interview with Al Jazeera in which he was critical of the Bangladesh government. His observations were triggered by violence he witnessed towards students who gathered to protest in Dhaka after two of their number were killed by a speeding bus.

Given that Bangladesh presents itself as a democracy, the state should respect the right of Dr Alam, and all other citizens, to freedom of expression. Instead, he has suffered inhumane treatment at the hands of the police and judicial system.

The morning after his arrest, 6 August 2018, he was produced in court. Film footage shows police dragging him by his arms. He is barefoot, limping and struggling to walk. Both the film and reports from his lawyers who later met
with him in custody leave no doubt that he has been tortured. During his court appearance, he shouted to observers that he had been assaulted, forced to wear the same clothes after the blood had been washed from them, and
threatened with further violence if he didn’t testify as directed.

The court returned him to police custody ostensibly on a 7-day remand.

However, the day before he was officially due back in court, the judge sent him to prison. Neither Alam nor his lawyer was present at this hearing. His lawyer was not even informed that it was taking place.

Now he is being held in the Keraniganj Central Jail in Dhaka where conditions are extremely poor. After visiting him, his partner Rahnuma Ahmed called for medical attention as he was suffering from respiratory complications, problems with eyesight, and pain in his jaw. None of these symptoms were present before his arrest.

The brutal incarceration of Dr Alam is rooted in broader political repression. In recent years, Bangladesh has seen hundreds of citizens, including writers, intellectuals, lawyers and activists imprisoned and murdered. According to a
2017 report by Human Rights Watch, at least 320 citizens have been “disappeared” since the Awami League government came to power in 2009.

This situation has occurred despite the League’s pre-election pledge to react to human rights violations with zero tolerance. Dr Alam’s entire career has been devoted to combatting abuse of power. As a curator, artist and photographer, he has used images as the vehicle for decades of fearless truth-telling about subjects that include the genocide of the 1971 War of Liberation, the employment of state death squads and the plight of the Rohingya refugees. As the founder of picture agencies Drik and Majority World, and the photography school, Pathshala South Asian Media Institute, Dr Alam has also pioneered the wider practice of photo reportage in the region.

Little wonder he is admired throughout the world. In Britain, he has forged strong connections both through the presence of close family and through exhibitions at institutions including Tate Modern, the Whitechapel Gallery,
Autograph ABP, the Willmotte Gallery and Rich Mix. He has also run workshops, courses and other educational activities for young photographers in the British-Bengali community and beyond.

We now add our voices to the hundreds of others, from Nobel Laureates to Dr Alam’s own photography students, who in the last weeks have called for his immediate and unconditional release.

We also urge the Bangladesh government to respect the right to freedom of speech and expression for all citizens and to release all other prisoners detained on similar grounds.

1. Abu Jafar (Artist)
2. Alessio Antoniolli (Director, Gasworks & Triangle Network)
3. Anne McNeill (Director, Impressions Gallery, Bradford)
4. Anish Kapoor (Artist)
5. Akram Khan (Choreographer and Dancer)
6. Antony Gormley (Artist)
7. Assemble (art, architecture and design collective)
8. Ben Okri (Poet and Novelist)
9. Brett Rogers (Director, The Photographers’ Gallery)
10.Chantal Joffe (Artist)
11. Charlie Brooker (Writer and Producer)
12.David Sanderson (Arts Correspondent, The Times)
13.Fiona Bradley (Director, Fruitmarket Gallery, Edinburgh)
14.Frances Morris (Director, Tate)
15.Hans Ulrich Obrist (Artistic director, Serpentine Gallery)
16.Helen Cammock (Artist)
17.Iwona Blazwick (Director, Whitechapel Gallery)
18.Jodie Ginsberg (CEO Index on Censorship)
19.Joe Scotland (Director, Studio Voltaire, London)
20.John Akomfrah (Artist)
21.Sir John Leighton (Director, National Galleries of Scotland)
22.Jonathan Watkins (Director, Ikon Gallery, Birmingham)
23.Konnie Huq (Writer and Broadcaster)
24.Louisa Buck (The Art Newspaper)
25.Lubaina Himid (Artist)
26.Mahtab Hussain (Photographer)
27.Dr Mark Sealy MBE (Director of Autograph ABP)
28.Mark Wallinger (Artist)
29.Martin Parr (Photographer and Photojournalist)
30.Michael Landy (Artist)
31.Michael Mack (Founder of publisher MACK)
32.Nadav Kander (Artist)
33.Neel Mukherjee (Writer)
34.Nicholas Cullinan (Director, National Portrait Gallery)
35.Nick Serota (Chair of Arts Council England)
36.Olivia Laing (Writer)
37.Pippa Oldfield (Impressions Gallery, Bradford)
38.Polly Staple (Director Chisenhale Gallery)
39.Rachel Spence (Poet and Arts Writer, Financial Times)
40.Rana Begum (Artist)
41.Rasheed Araeen (Artist)
42.Sally Tallant (Director, Liverpool Biennial)
43.Sarah Munro (Director Baltic Centre for Contemporary Art)
44.Sophie Wright (Global Cultural Director, Magnum Photos)
45.Steve McQueen (artist and film director)
46.Sunil Gupta (Photographer)
47.Teresa Gleadow (Curator, Writer and Editor)
48.Vicken Parsons (Artist)
49.Dr. Ziba Ardalan (Founder/ Director Parasol unit, London)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1536055987310-fa96858b-d48c-8″ taxonomies=”6534″][/vc_column][/vc_row]

Museum of Dissidence: “We want to rebuild Cuba but change will not be easy”

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Luis Manuel Otero Alcantara arrest

Museum of Dissidence’s Luis Manuel Otero Alcantara arrested on 21 July 2017

From the outside, we could be forgiven for thinking the Cuban art scene is thriving. Demand for Cuban art is high among international collectors while Cuban artists — at least those the state approves of — enjoy a privileged position in society. However, those without state accreditation don’t tend to experience such visibility and recognition. For them, creating without arousing the suspicion of the authorities is a struggle.

The Cuban art collective the Museum of Dissidence, which won the Index on Censorship Freedom of Expression Awards Fellowship for Arts in April 2018, is supporting a new generation of artists in order to challenge this status quo. For their efforts they have been quite publicly punished by the state, but their list of successes is growing every step of the way.

Cuban authorities arrested artists Yanelyz Nuñez and Luis Manuel Otero Alcantara, members of the Museum of Dissidence, from Otero Alcantara’s home early on the morning of Saturday 11 August for their role in organising a concert against Decree 349, a vague law that will give the government more control over the display and exchange of art. The law, due to come into force on 1 December 2018, gives the Ministry of Culture increased power to censor, issue fines and confiscate materials for work they don’t approve of. During the hours the pair spent in prison, when they were beaten and interrogated, their families and friends did not know where they were, and the authorities denied any knowledge of what had happened to them.

This was the second time in three weeks that Otero Alcantara had been arrested in relation to Decree 349. On 21 July, Nuñez stood alone on the steps of the National Capitol Building in Havana, covered in human excrement. This was supposed to be part of a protest against the new law but her counterparts, including Otero Alcantara, had been arrested.

The arrests have had the unintended consequence of raising awareness of the campaign against the law. Upon release, Otero Alcantara has always been defiant, writing on 11 August: “Tomorrow we will continue the fight against the Degree 349.”

“We stand in solidarity with the brave artists and activists who, despite clear repression, stand up for fundamental human rights of Cubans,” Perla Hinojosa, fellowships and advocacy officer at Index on Censorship, said. “Arrests, violence and intimidation should never be responses to self-expression, and we call for such acts of censorship to stop. Any law that makes art a crime is unjust and we urge our supporters to sign the petition against Decree 349.”

“We belong to a generation that wants urgent improvements,” Otero Alcantara tells Index on Censorship. “A generation that, although it has no political culture, knows what it wants. We want to rebuild Cuba, but change will not be easy.”

Cuban artist Yasser Castellanos

Cuban artist Yasser Castellanos at #00Bienal de la Habana

As part of their mission to change the country, Nuñez and Otero Alcantara helped organise the ten-day #00Bienal de la Habana, which included over 170 artists, writers, musicians and theorists across nine different exhibitions in artists’ homes and studios around the country’s capital. It was Cuba’s first non-state sanctioned art biennial. Nuñez says its independence led to it being “persecuted by the Cuban state,” but added that its success nonetheless “exceeded our expectations”.

“From the beginning, we wanted to create an event that had a real and forceful impact inside the island, but at times we questioned the power of the art in transforming things,” she says. “But we were satisfied with the results — they helped us to recover our faith in Cuba, in art and Cubans.”

“The impact was so strong that we have heard that in cultural institution meetings, creators and journalists who are typically critical of what we do, have spoken favourably of the biennial,” says Otero Alcantara.

The influence has not stopped at Cuba’s shores, with Cuba’s diaspora looking on. “Many of them have shown us admiration for what we do in Cuba,” Otero Alcantara says. “We even plan to collaborate with many of them, while there are others we have already worked with.”

“The connection between Cubans of the diaspora and those who live inside is getting greater each day, and has increased with what internet the regime allows and a common interest in the country’s rich cultural history,” Nuñez says.

Life for those artists who are critical of the regime can be volatile, and even dangerous. When asked if their treatment ever makes them feel like joining the Cuban diaspora overseas, the pair stands firm.

“Cuba is my birthplace and my homeland. It’s like my house, where I should be able to walk naked from the living room to the kitchen without problems,” Otero Alcantara says. “As long as the forces don’t get me, I will fight for change and to improve my Cubanness.”

For Nuñez, meeting Cuban artists like Amaury Pacheco and Iris Ruiz has encouraged her to stay. “We are such a rich country and we have so much to offer that in some way that helps me stay,” she says. “The projects that I have been involved in recent years have excited me a lot.”

Perla Hinojosa, Fellowship and Advocacy Officer at Index on Censorship, holds the 2018 Freedom of Expression Arts Award for Cuban arts collective Museum of Dissidence, who could not attend the Freedom of Expression Awards. (Photo: Index on Censorship)

Perla Hinojosa, Fellowship and Advocacy Officer at Index on Censorship, holds the 2018 Freedom of Expression Arts Award for Cuban arts collective Museum of Dissidence, who could not attend the Freedom of Expression Awards. (Photo: Index on Censorship)

Winning the Index on Censorship award, Nuñez explains, has helped them in their work, increasing visibility and opening them up to collaborations with the likes of Artists at Risk Connection, a New York-based organisation that provides residencies for artists in extremely difficult situations. “Given the levels of disconnection in Cuba, these relationships with international organisations and activist movements in favour of freedom of expression, have clear and immediate benefits.”

“This type of exchange contributes to our professional improvement, something so necessary for every creator,” she says.

They hope to travel to the UK in October to spend time with Index on Censorship and take part in an art residency at Metal Culture. In November they will attend the Creative Time Summit in Miami.

“To be involved in different artistic experiences, activism and the debate about Cuban reality internationally will not only help visibility of our and other projects by independent organisations that are carried out in Cuba in the contemporary world but will contribute to dismantling the image of a government that continues to repress with impunity all who criticise or oppose it,” Nuñez says.

The increased attention hasn’t always been positive, however. “We feel that persecution has become stronger, something that was already accentuated by the work the precedes us and that we continue to do,” Otero Alcantara says.

“It’s a very peculiar moment in Cuban history: Fidel Castro’s generation is dying, the utopia of building the New Man is only visible in the school books. The Cuban, even if he does not want to know about politics, he does not want to go back to a ‘special period’ without water, without electricity, without food, without clothes,” he adds. “This context becomes more vulnerable with the incoming government, that’s why we must fight with all our strength, to demand the freedoms and rights that the Cuban deserves; and for this reason all platforms are indispensable.”

What remains is to continue working. “Right now we are engaged in a campaign against Degree 349 that makes art an offence,” Otero Alcantara says. “We must mobilise the artists and let them see how damaging this law will be for everyone, and the support of artists internationally will greatly help our cause.”

To be successful, they will have to leave their comfort zone, Nuñez says. “We must be aware that the world is built by people like us, not any government, that will make the system end up fracturing completely, as it no longer has the support of more than 60 years ago, no matter how hard they try to simulate in official speeches and marches.”[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_basic_grid post_type=”post” max_items=”4″ element_width=”6″ grid_id=”vc_gid:1534853032357-5b1cf1d0-b959-3″ taxonomies=”7874″][/vc_column][/vc_row]

Malaysian cartoonist Zunar cleared of sedition charges

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For Malaysian cartoonist Zunar, three years of constitutional challenges pale in comparison to the 43 years imprisonment that were on the line. But after a legal battle active since 3 April 2015, Zunar’s nine sedition charges were dropped on Monday 30 July 2018. With three days in court still to follow, the victory is one of several the artist is seeking as an advocate for free expression and the repeal of the Sedition Act.

Implemented during British rule and strictly enforced by the regime of former PM Najib Razak, the Sedition Act spared no government critic whether artist, activist or MP. Under newly elected PM Mahathir Mohamad, the Attorney General’s Chambers (AGC) announced that it would review all ongoing sedition cases starting 13 July.

In the first of his four court dates this week, Zunar was acquitted along with MP Sivarasa Rasiah of the People’s Justice Party (PKR) and civil rights lawyer N. Surendran. All three individuals were charged for denouncing the Razak regime’s conviction of opposition leader and PKR member Datuk Seri Anwar Ibrahim for sodomy.

Surendran faced charges on 19 August 2014 after writing a seditious press release entitled “Court of Appeal’s Fitnah 2 written judgement is flawed, defensive and insupportable.” Zunar was charged not for his political cartooning but for tweets that insulted the judiciary after Anwar’s conviction. Both were charged under Section 4(1)(c) of the Sedition Act for “publish[ing], […] distribut[ing] or reproduc[ing] any seditious publication” while Sivarasa was charged under Section 4(1)(b) for “utter[ing] any seditious words” in a speech at the March 2015 “Kita Lawan” (“We Fight”) rally in protest of Anwar’s imprisonment.

After their hearings on Monday in Kuala Lumpur, prosecutors reported that the AGC would not pursue their respective cases any further. Zunar’s victory was widely celebrated by his global fanbase. Human Rights Watch legal advisor Linda Lakhdhir tweeted “Excellent news that the Malaysian govt is dropping sedition charges against @zunarkartunis and @nsurendrann. Now it should drop all remaining sedition charges and repeal the law.”

Indeed, the Pakatan Harapan coalition the government is now under promised to repeal the Sedition Act in its 2018 election manifesto. As Zunar told Index earlier this month, “If they really want to abolish the Sedition Act together with other laws related to freedom of expression, freedom of speech, they at least need to suspend it first before they continue.”

His upcoming court dates, 31 July-2 August, concern a suit the cartoonist filed after he was arrested and his artwork and 1300 of his books were confiscated in a police raid during an exhibition in October 2016. Although there have not been any similar cases since Mahathir came to power, Zunar hopes to use his cartooning and advocacy to serve as a watchdog and hold the government to their commitments on free expression.

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Cartoonist Zunar holding Malaysia’s government accountable on free expression

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Malaysian cartoonist Zunar is facing charges under a colonial era Sedition Act. (Photo: Sean Gallagher/Index on Censorship)

Malaysian cartoonist Zunar is facing charges under a colonial era Sedition Act. (Photo: Sean Gallagher/Index on Censorship)

Nine banned books. Nine charges of sedition carrying the maximum penalty of 43 years imprisonment. Countless attacks, raids and arrests. These were the consequences of Malaysian cartoonist Zunar’s cartoons and tweets decrying government scandals and misdealings under former prime minister Najib Razak.

Under Razak, Malaysia’s “Man of Steal,” Zunar published volumes of cartoons criticising the prime minister and his wife for their lavish lifestyle and corrupt rule at the expense of the Malaysian people. The government justified its crackdown on his works early on, reasoning that they “influence the public to revolt against the leaders and government policies” and are “detrimental to public order” in 2010.

A travel ban was placed on Zunar on 24 June 2016. In 2015, he was charged under Malaysia’s Sedition Act, a 1948 remnant of British colonial rule used by the Malaysian government to silence dissenting voices like Zunar’s. He now awaits four days in court, starting 30 July.

The cartoonist was still in the process of mounting a constitutional challenge to the Sedition Act for these charges when opposition leader Mahathir Mohamad toppled PM Najib Razak in national elections on 9 May 2018. The same day, the new government lifted the travel ban on Zunar and has placed one on the former PM while investigating his role in Malaysia’s global corruption scandal, 1MDB.

For the first time in two years, Zunar could travel to London last week, where he met with ARTICLE 19 and Amnesty International officials. He continues to challenge his travel ban because the old government cited “special reasons,” not law, to justify it. With his challenge active until the travel ban trial on 22 October, Zunar emphasised “I want to do this because I think I am being victimised but I also want the court to make a ruling that no government can use this [justification] anymore, including the new government. [Otherwise] they may use this again in the future for the activists the government doesn’t like.”

The government has faced ongoing international pressure from organisations like Index and ARTICLE 19 as well as UN Special Rapporteur on cultural rights, Karima Bennoune, to drop the sedition charges against Zunar. On 13 July, the Malaysian Attorney General’s Chambers (AGC) announced that they will begin a review of all ongoing sedition cases, citing the strength of the cases and evidence as determinants of whether the charges will be upheld.

In the meantime, Zunar has vowed to continue cartooning and advocating for the repeal of the very laws that silence him and other government critics in Malaysia: the Sedition Act, the Printing and Press Act and the Fake News Act. Despite national celebration of the new government, he remains skeptical. “It’s too early to put any hope on what they say because I think new governments always makes good promises but they need to abolish [the Sedition Act] because this is what the promise during the election campaign was” he said.

Zunar spoke with Index’s Shreya Parjan about the current status of his case.

Index: You’ve faced the current set of sedition charges since 2015. How have you appealed and challenged them since then? How does your current appeal differ from that of your case in 2010?

Zunar: It was started in 2010, yes, I was arrested around that time but they didn’t charge me for that so 2010 is different. I have few other sedition charges, okay so 2010 one, 2015, 2016 two times but the only one they charged was in 2015. This is the one they’ve got me in court for. The others they just investigated and arrested and I spent time in police lockup for other cases but only one they are really bringing to court.

The [2015] charge is still going on, the next court date is 30 July. This is very long, from March 2015 until now, the court is still unable to start because at the same time when they brought me to court, my staff and several activists who have been charged with sedition, we filed suit to challenge the constitutionality of the sedition act. The separate court had to deal with that first.

And finally, early this year, the court has made a decision that our challenge is irrelevant and so there’s no issue. So finally, now the court is going to start and also now its a new date: on 30 July. But we have to also understand that politically, and now we have a new government, all my charges were brought by the old government, so we’ll see what happens on the 30 of July.

Index: Since the Attorney General’s Chamber announced on 13 July that they will be reviewing all ongoing sedition cases, what expectations do you have for your own case?

Zunar: Now, the new parliament session just started today [16 July] and I have to wait and see. It’s too early to put any hope on what they say because I think new governments always make good promises but they need to abolish [the Sedition Act] because this is what the promise during the election campaign was. But just a few days ago, another activist was challenged under Sedition so this is why I say it’s important to see the action rather than the words now.

Index: What changes in the environment for free expression do you anticipate seeing under PM Mahathir Mohamad?

Zunar: I have to say that until they [abolish] it, I’m still concerned. If they’re really serious, they will abolish this law and several laws. If they really want to abolish the Sedition Act together with other laws related to freedom of expression, freedom of speech, they at least need to suspend it first before they continue. They have to show that “we are really serious, that we have to do it, but for the time being, why don’t we suspend theis law first.” For me, if you really have a political will to do it, you have to show it. But I don’t know, it’s too early to say. Until they do it, I cannot say anything about it and there’s no positive sign for it.

The other law also involved in this is the Printing and Press Act, the law the government widely used to control the media. There’s also the Fake News Act, which was introduced just before the previous election, and the Official Secrets Act. Two of these laws were used against me and the other two were used against activists who tried to expose or tried to reveal corruption or wrongdoing by the government so the government has to, if they’re serious about freedom of expression, they have to abolish these laws.

There’s some talk of review, but I say no, there’s no excuse, they have to go for it. We have to wait for the parliament, whether this will be done in this parliament session which is going to make their decision over one month. We have to wait for this to see whether this new government is really serious about it or if they might use it again.

Index: What has the former government’s crackdown on those you worked with (publishers, webmaster) looked like? What implications could the new government’s review of your case have for them?

Zunar: There was an incident where the police arrested me when I did an exhibition in October 2016 and they took all the artwork and also 1300 books. I filed a suit against them and the case will be heard during the trial which is over four days: 30 July-2 August. At the same time, two of my assistants have been charged and their charges still continue and there’s no sign that the government will drop the charges. They have been charged with obstructing the police officers from carrying out their job. I think they had one court session last week so they still continue. There’s no sign that the government will drop the charge.

Previously, three of my printers have been raided under the Printing and Press Act and they were given a very strong warning that if they print my book again, they will be charged under Sedition and their licenses will be revoked. Also, my webmaster was investigated under the Sedition Act, my office has been raided several times and my sales assistants have been arrested.

What the police did is use a culture of fear. They create fear. They go and they didn’t really bring these guys to court, but they use harassment and the law that they will be charged if they continue, to scare people. But because we have a new government, so far there are no cases like that, so I think that the situation is maybe changing, I don’t know.

Index: What role do you see your cartoons playing in your advocacy for the repeal of the Sedition Act and other legislation that has constrained your work in the past?

Zunar: I think in my recent trip to London [last week] I spoke to ARTICLE 19 and Amnesty International and I hope for them to make a statement. It’s good for international organisations to give pressure to the government during the parliament session to abolish these outdated laws.

My cartoons reflect the issues of a country during that time, any time. If I want to do the same level of cartooning, the one I did during the previous government is a different type of cartoon. Now I can do more reminding and giving pressure to the government in a positive manner. Because in Malaysia right now, we just chose a new government, everyone is very happy, the people are very happy, this is what they expect and at the same time, civil society and activists like me have to remind the government that winning doesn’t mean you win everything or everything already changed.

So many things need to be done to keep the promises [that were made during the election]. As a cartoonist, we simply have to wait for the issues. Like during the parliament, if they don’t act, we have to come up with a cartoon to show that this is what you promised and you are not fulfilling your promise.

Talking about levels, previously what I did was to fight through cartoon. This is one level up from what normal cartoonists do around the world. Normal cartooning around the world is to criticise the government of the day. That is for those who think that the government is a bit undemocratic. Last time, what I did was fight through cartoon. But now, the people of Malaysia did win and there’s so much hope for this new government and they’re very positive about it. I cannot simply come and fight through cartoon again at this time.

Now I have to do positive cartoons reminding and being a watchdog for the government. I think changing the mindset is very important also. It’s not about changing individuals, you have to change the mindset in the society, to show that cartoons can do the job too. In terms of what I’m going to do, I think I need to go along with this achievement and be a watchdog to the government, which is a totally different role of cartooning compared to the one I did with the last government.[/vc_column_text][vc_media_grid element_width=”3″ grid_id=”vc_gid:1532428297196-711fc435-d06c-1″ include=”101641,101640,101642,101636,101635,101639,101638,101637″][/vc_column][/vc_row][vc_row full_width=”stretch_row_content”][vc_column][three_column_post title=”Malaysia” full_width_heading=”true” category_id=”130″][/vc_column][/vc_row]