Art Under Pressure Pen America-Books Pdf

Art Under Pressure PEN America
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ART UNDER PRESSURE,Decree 349 Restricts Creative Freedom in Cuba. March 4 2019,2019 Artists at Risk Connection ARC and Cubalex. 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. among supporters of artistic freedom and raise awareness of. challenges to artistic freedom For more information go to. artistsatriskconnection org, Cubalex is a nonprofit organization that focuses on legal. issues in Cuba It was founded on December 10 2010 in. Havana It has been registered as a charitable organization in. the United States since June 2017 after most of its staff was. forced into exile Cubalex s mission is to defend and promote. human rights in order to produce a social transformation that. will allow the reestablishment of democracy and the rule of. law in Cuba To learn more go to centrocubalex com, Authors Laritza Diversent Laura Kauer Garc a Andra Matei.
and Julie Tr bault,Design by Pettypiece Co,Cover image by Nonardo Perea. ARC is a project of PEN America,Executive Summary 4. Introduction 6, Artistic Expression in Cuba A New and Old Frontier of State Censorship 7. The State of Artistic Freedom in Cuba 7, The Meaning of Dissent for Independent and State Recognized Artists in Cuba 8. Decree 349 A Law that Discourages Dissent and Targets Independent Artists 10. Introduction 10,Mandatory Artist Registration 11, Remuneration and Work Contracts Under the Supervision of State Institutions 12.
Censorship and Unjustified Restrictions of the Right to Freedom of. Artistic Expression 13,Wide Discretionary Powers to Government Agents 15. Excessive Punitive Measures 15,Lack of Meaningful Appeal Options 16. Conclusion 17, Decree 349 Compliance with Cuba s International Treaty Obligations. and Commitments 18, Core International Standards and Customary International Law 18. The United Nations Educational Scientific and Cultural Organization UNESCO 19. Discrimination Occupation and Employment Convention 19. The Passage of Decree 349 and the Response from Artists 20. Conclusion and Recommendations 22,Acknowledgments 23.
Appendix Decree No 349 2018 24,Endnotes 27,Executive Summary. In recent years Cubans have experienced mo affiliated cultural institutions making un. mentous change from a gradual loosening of eco registered artistic labor illegal and giving the. nomic restrictions to greater access to cell phones government the power to blacklist artists and. Wi Fi and social media But the Cuban govern unilaterally destroy their ability to legally pro. ment continues to operate in a highly centralized duce art. and controlled way including in the arts sector, as is apparent from the enactment on December Enables authorities to exclude audiovisual works. 7 2018 of Decree 349 which seeks to regulate of art based on overly broad categories of what. independent artistic constitutes impermissible content. Building on an existing body of production The Cuban. laws and regulations government has always Gives broad discretionary powers to a new cat. that control the evaluation maintained a tight hold egory of inspectors who can unilaterally de. registration and contracts on Cuban art and art termine if a work complies with the decree s. for officially recognized art ists and the source of requirements and fails to set up a meaningful. ists Decree 349 codifies income they represent and impartial appeals process. formalizes and widens the But building on an ex, scope of artistic censorship isting body of laws and Institutionalizes practices that the Ministry. regulations that control of Culture has been using for several years to. the evaluation registration and contracts for of intimidate and control all artists both indepen. ficially recognized artists Decree 349 codifies dent and officially recognized. formalizes and widens the scope of artistic cen, sorship As independent artists those who work Builds upon an existing body of laws and regula. outside Cuba s official state sanctioned cultural or tions that already control the provision of artis. ganizations proliferate thanks to new economic tic services in public spaces or installations by. developments the Cuban government is looking officially recognized artists and expands them. for new ways to regulate the cultural sector and to include all artists and. Decree 349 is its most significant attempt, Unfortunately it is a step in the wrong direction Exceeds any legitimate aim to regulate the ar.
Independent and officially recognized artists alike tistic sphere and directly conflicts with Cuba s. have expressed strong concerns about the measure international treaty commitments and obliga. which requires everyone providing artistic services tions with respect to freedom of expression and. to register with the state 1 The government has artistic freedom. responded harshly to artists protests including, through arrests As of the date this white paper In addition to highlighting the potential for. was published the government has not taken any Decree 349 to chill artistic freedom and the cul. notable steps to address these concerns and has tural sector in Cuba this white paper elevates the. publicly disparaged critics While the Ministry voices of emerging and independent artists who. of Culture has promised additional regulations would be most affected by the decree While the. that will clarify how the decree will be enforced focus is primarily on the independent community. there is little confidence that such regulations will it reflects many concerns and opinions raised by. address its inherent flaws state recognized artists as well. This white paper details the most troubling is Despite changes in Cuba s top leadership and. sues including how Decree 349 loosening economic restrictions little progress has. been made on freedom of expression Journalists, Requires anyone engaged in artistic activity activists and artists continue to be systematically. to be evaluated and registered by government targeted harassed and silenced Decree 349 is the. 4 ART UNDER PRESSURE DECREE 349 RESTRICTS CREATIVE FREEDOM IN CUBA. Posters for NoAlDecreto349 campaign 2018, As it stands currently the latest example of Cuba s worried that Decree 349 is inconsistent with in. decree goes against Cuba s policy to subjugate artis ternational guarantees of human rights and does. commitment to respect tic expression to the in not represent a sincere commitment to ensure. fundamental human rights terests of the state True freedom of expression for all artists. and puts artistic freedom artistic freedom re As it stands currently the decree goes against. in jeopardy Unless the quires significant space Cuba s commitment to respect fundamental hu. regulations promised by the for expression f ree man rights and puts artistic freedom in jeopardy. Ministry of Culture address all from censorship and Unless the regulations promised by the Ministry of. concerns we recommend that the editorial dictates of Culture address all concerns we recommend that. Decree 349 be repealed governmental bodies Decree 349 be repealed In an important period of. While the Ministry of change in Cuba the government and its Ministry. Culture has yet to issue enabling regulations and of Culture have a historic opportunity to mark a. while we hope that such regulations will address all change from the previous administration and en. significant concerns raised by artists we remain courage independent voices and artistic freedom. ARTISTS AT RISK CONNECTION 5, Introduction the independent art scene including arbitrarily. detaining dissenters for short periods of time 7,permanently closing independent cultural spaces 8.
Cuba s art and cultural scene has always been an and discouraging independent cultural events such. essential component of its economy and interna as Cuba s first independent biennial the 00Bienal. tional image For many outside Cuba the coun de La Habana held in May 2018 9 Researching and. try s rich traditions in music dance and visual monitoring these restrictions has taken on even. art are a primary association with the country greater importance since the announcement in. At first glance art in Cuba may seem like neutral July 2018 of Decree 349 Artists of varying political. territory divorced from politics or governmental perspectives have responded by organizing to voice. control In reality it is impossible to separate their concerns about its potential consequences. Cuba s prominence in the art world from the Although the government has stated that the de. government s highly centralized system which cree is meant to target vulgar offensive and me. promotes and sustains artistic production 2 and diocre content that violate Cuba s revolutionary. limits opportunities for outsiders 3 Today how values 10 the implications of this measure as it is. ever this system looks less monolithic as freer currently written are much wider. economic policies4 and technology5 that connect This white paper explores the impact of Decree. artists directly to audiences and patrons have 349 which despite many artists protests took. fueled a new generation of savvy and expressive effect in December 2018 We will highlight its. independent artists who are gaining large follow flaws and demonstrate how it is likely to be used. ings both inside and outside the country 6 against all artists and especially independent art. In early 2018 the Artists at Risk Connection ists Finally we will call on the Cuban authorities. ARC and Cubalex determined the need for a to significantly revise or repeal the decree and. deeper look at the methods and effects of Cu to engage in a dialogue with all of the country s. ba s persecution of artists The government uses artists when devising and implementing policies. well documented tactics to control and corral that will affect them. ARTIST VOICES,Ariel Meceo Tellez,Poet photographer. When and how did you hear about this new decree I heard about. it on the Gaceta Oficial in July of this year I always read through it. to see if there is anything related to culture Since then I ve joined. many of the artists who worked on the San Isidro Manifesto 11 We ve. read the decree had public debates and performed poetic and mu. sical presentations I don t think anyone had seen artists as organized. in this way before, What do you know about the drafting process of the decree No one knows much about the drafting process I m. sure they involved some artists but none of this is done or shared publicly Despite the Castros officially stepping. down and the many changes that have happened in Cuba the government wants to continue to govern by decrees. Do you believe the decree will affect your work and the work of other artists I don t think it will change my. work If I do anything differently it will be to create work with an even stronger message I m a young writer and. I ve published two books but both had to be published outside Cuba I characterize myself as making sincere art. that the government doesn t like Can you imagine that a high ranking official was bothered enough to threaten. me because of a poem about a fly and a flan, Have levels of repression of artists increased in Cuba I think they have increased and are pretty constant now But. it would be an error to minimize the repression that artists experienced before That really frustrates artists who. were active during the 60s 70s and 80s Some of them might even argue that it was even worse without a decree. 6 ART UNDER PRESSURE DECREE 349 RESTRICTS CREATIVE FREEDOM IN CUBA. Artistic Expression Harassment has at times,in Cuba A New extended to artists loved. ones seeking to disorient,and Old Frontier and affect psychologically not.
of State Censorship only writers artists, The State of Artistic Freedom in Cuba and activists but also their. Artists uneasy relationship with Cuba s powers that. be long predates the announcement of Decree 349 family friends and colleagues. For more than half a century Cuba s one party gov, ernment has consistently acted as a watchdog against It seeks to isolate them. the expression of dissenting views using a diverse set. of tactics for punishing marginalizing and targeting and is a total intrusion. critics including artistic ones 12 In June 1961 as. discontent spread over the censure of P M a short,in their private life. film about Cuban nightlife 13 and the closure of Lunes. de Revoluci n Mondays of Revolution Cuba s pre, mier cultural magazine Fidel Castro gave a speech and for those with formal recognition enduring. titled Words to Intellectuals that condemned all the termination of employment or support from. expression that failed to conform to official doctrine official cultural institutions 25 Additionally artists. A decade later the imprisonment and forced con have been arrested for their work under laws that. fession of the once lauded poet Heberto Padilla14 either explicitly criminalize peaceful free expres. became another cautionary tale for artists working sion26 or give the police broad discretionary pow. within Cuba s network of government affiliated cul ers 27 Artists have reported that the harassment has. oicial cultural institutions 25 Additionally artists have been arrested for their work under laws that either explicitly criminalize peaceful free expres sion26 or give the police broad discretionary pow ers 27 Artists have reported that the harassment has at times extended to their loved ones 28 seeking in

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