UNESCO INDIVIDUAL COMPLAINTS (PROCEDURE OF 104 EX/ DECISION 3.3) Individuals, groups of individuals and NGOs can submit an individual complaint to the Committee on Conventions and Recommendations of UNESCO if they are direct victims or if they have a sufficient connection to the claimed violation. The protected persons are teachers, students, researchers, artists, writers and journalists. The procedure is confidential from the beginning to the end. The mechanism has not been used a lot. The author of this report has, however, one very positive experience, which led to the release of an Iranian artist. What seems problematic to many CSOs is the fact that the minutes and decisions made by the Committee are strictly confidential – not even UNESCO staff members related to the relevant Conventions and recommendations have access to discussions and decisions. The positive side of this is that the Committee members can discuss very openly a complaint and be pretty harsh on the state party violating their obligations. http://www.claiminghumanrights.org/unesco_procedure.html COUNCIL OF EUROPE & EUROPEAN COURT OF HUMAN RIGHTS As all countries we are dealing with – except Belarus – are members of the Council of Europe, it is relevant to mention that the member states are obliged to live up to the "European Convention on Human Rights,"49 which protects freedom of expression, including artistic freedom. In 2020 the Council of Europe, through the Steering Committee for Culture, Heritage and Landscape have “stepped up” their focus on artistic freedom with a “Manifesto on the Freedom of Expression of Arts and Culture in the Digital Era”50 developed by a group of external experts. The steering committee in the manifesto emphasizes that: • Freedom of expression needs to be protected, be it from abuse of technological developments, attempts to muzzle dissenting voices in a society or misuse of the freedom of expression to foster divisive narratives, intolerance and hate; • Artistic and creative expression is a part of the freedom of expression and artists must be protected against censorship and any form of pressure or intimidation. Any limitation should be in line with the European Convention on Human Rights and the case-law of the European Court of Human Rights; 49 50 https://www.echr.coe.int/Documents/Convention_Instrument_ENG.pdf https://rm.coe.int/0900001680a056a2 47