A/HRC/28/57/Add.1 Government support for the arts and for people’s right to enjoy the arts 1. 40. Financial assistance to art and artists is provided by various means. Creative houses or artist residencies, fully funded by the Government, operate in three areas of the country. The Government has established a bank dedicated to financing cinema and has supported the construction of new cinema houses. The Government also supports mobile cinemas that, with more than 300 mobile cinema teams, serve 11 to 12 million people in remote areas. 41. The Special Rapporteur discussed with relevant authorities the selection process for government support. She was informed that the selection process was carried out in collaboration with professional associations and other experts, who compiled a list of artists based on their work and talents, taking into consideration the project being proposed. The National Art Council, which is differently constituted depending on the art sector, makes the final decision. Two thirds of the Council membership are artists appointed by the professional associations; academics also sit in the Council. 42. Government representatives stressed the difficulties encountered in supporting the arts, while ensuring their free development. The Special Rapporteur agrees that it is a challenge. However, she feels that it is important that governments support the art sector without constraining it, while at the same time encouraging private actors to contribute freely to the arts. The Special Rapporteur is concerned by reports that, in practice, only artists who support the Government receive funding and that the work of artists in residency programmes is reviewed and censored, with the residency manager deciding which artworks should be made available to the public. 2. Censorship (a) Grounds for censorship 43. Article 11 of the 2006 Law on Cinematography illustrates the censorship system that is in place in many areas of artistic expression. Some of the reasons for the restrictions in that provision are in accordance with international standards, for example, incitement to wars of aggression, to hatred among nations and peoples, and to violence. 44. However, article 11 also lists grounds that are not in compliance with international standards, with the effect of prohibiting free expression on numerous legitimate issues. Of particular concern are the prohibitions on spreading propaganda against the State; undermining the national unity; spreading reactionary ideas, an obscene and depraved lifestyle, social evils and superstition; undermining fine traditional habits and customs; distorting historical truths, negating revolutionary achievements; offending the nation, national great persons and heroes; and slandering and offending the prestige of agencies and organizations — a vast array of grounds for possible restrictions. The Special Rapporteur notes that article 11 of the Cinematography Law does not refer to the strict tests of necessity and proportionality with regard to implementing restrictions, as required under article 19 of the International Covenant on Civil and Political Rights,8 nor does it envisage forms of restrictions other than outright prohibition. Article 10 of the 2012 Law on Publishing contains similar provisions, as does article 8 of Decree 113/2013 on art activities. 45. In practice, legislation relating to artistic expression is implemented in ways that prevent artists from being too critical with regard to “sensitive issues” such as corruption, 8 10 See also Human Rights Committee general comment No. 34 (2011) on the freedoms of opinion and expression, para. 22.