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creations are used in public spaces as a peaceful way of manifesting dissent or alternative
viewpoints.
66.
Several questions ensue: What is “public space” and to whom does it belong? Who
should decide what is allowed, when, where and for how long? To what degree should the
public have a say, in particular locals who may be subjected to sounds and images that they
dislike in their daily environment? Why should artistic expression be given less space than,
for example, advertising?
67.
In this area, States’ practices vary significantly. Responses to the questionnaire
indicate that regulations relating to public assemblies, level of noise, the respect due to
historic buildings or private property, are applicable to artists as to other persons, and are
frequently managed by local authorities, or the police. Consequently, situations may vary
considerably within a country. Prior authorization is generally required. The response to
non-authorized street visual and performing art can be ignored by the authorities, dealt with
leniency or may be systematically prosecuted for administrative or criminal offences. Some
cities have initiated innovative procedures, such as “space reservation” on particular days of
the month.41
68.
People engaged in creative activities encounter manifold difficulties, including (a)
the bureaucracy’s reluctance and tardiness in granting free use of public spaces; (b)
arbitrariness in the granting of permits and requirements to obtain multiple authorizations
from various authorities; (c) censorship over content before authorization is granted; (d)
inadequate or abusive licensing systems for street performers and live entertainment;42 and
(e) increasing encroachment of public space by private properties.
(e)
Restrictions on mobility
69.
Travel restrictions include the retention of artists’ passports to impede their
travelling abroad, as well as restrictions on the issuance of visas and work permits, which
affect artists’ options to perform and audiences’ possibilities to access artistic expressions
and creations. Many tour, concert and festival organizers, agents, management companies,
cultural organizations and others, when organizing concerts and tours of foreign artists, face
non-transparent, time-consuming and costly application procedures to obtain a visa. Some
festivals have stopped inviting artists from particular countries owing to the unpredictable
nature of their visa application procedures.43
2.
Economic and financial issues
70.
Responses to the questionnaire indicate that many States have adopted various ways
of supporting the arts, including financial support to cultural institutions or artistic projects,
bursaries, prizes and support for training and international exchange. However, many
stakeholders stress that the main impediments artists encounter in their work relate to their
precarious economic and social situation. The current financial crisis has led to severe cuts
in public spending, resulting in great unemployment amongst artists, the closure of art
institutions, and a shift towards private sponsorship. In their responses to the questionnaire,
some stakeholders stressed the absence of or a reduced market in their country. One
41
42
43
Submission from the Austrian Ombudsman Board.
Submissions from Japan Actors Union and Japan Arts Council; Equity; Collectif Alger-Culture.
Richard Polacek, Mobile.home, Study on impediments to mobility in the EU live performance sector
and on possible solutions, 2007; Ole Reitov and Hans Hjorth, Visas, the discordant note, a white
paper on visa issues, Europe and artists’ mobility, 2008,; Artists’ mobility and visas: A step forward,
On The Move, December 2012.
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