A/HRC/46/34
of belonging to society and to their sense of community.40 Ministries of culture have felt the
impact on their own work.41
16.
Approximately 90 per cent of the world’s museums were closed at one point or
another during the pandemic, with UNESCO and the International Council of Museums
warning as early as May 2020 that 13 per cent might never reopen.42 Any permanent closures
will have a significant impact on the cultural rights and the right to education of many, and
every effort should be made to avoid such closures. Where unavoidable, the collections of
permanently closed cultural institutions must be handled in accordance with the relevant
technical, ethical and cultural rights standards.
17.
Cultural mobility and sharing of artwork in cultural spaces has been gravely affected.
Many exchange programmes, performances, festivals, sporting events and traditional
celebrations, and even a public consultation on a draft law on culture, 43 have been cancelled
or postponed. Touring by musicians and others is largely at a standstill. International
exhibitions are currently frozen and may not be possible for several years. While it is clear
that some closures and lockdown measures are essential to protect the rights to life and health
in the face of the COVID-19 pandemic, those involved in the cultural sector seek
transparency in applying scientific criteria to decision-making, especially when some
businesses that may have a higher degree of transmission risk remain open while some
cultural institutions that may have a lower transmission risk are closed.
18.
Moreover, there have been misuses of the justification of the pandemic as a cloak for
human rights abuses, as other United Nations experts have noted. 44 This is also true in the
cultural rights area. The policing of artistic space and the pressure of censorship have
increased for at-risk artists in the pandemic, with some Governments exploiting emergency
powers to censor and criminalize artists, especially those seen to have dissenting views.45 The
lack of implementation of international norms protecting artists and cultural rights defenders
from prosecution and harassment as a result of their creative work has been pronounced. 46
For example, 10 artists associated with the collective Civic Lab in the Sudan were arrested
while rehearsing a play, on the grounds of violating the COVID-19 curfew and of “public
nuisance”. Five artists were sentenced to two months in prison and fines on the nuisance
charges in September 2020,47 then acquitted on appeal. The Government of Cuba is using
State regulations designed to prevent the spread of COVID-19 to harass members of
Movimiento San Isidro, a coalition of artists, and the 27N movement advocating for artistic
freedom. Artists were repeatedly detained in November 2020. 48 This resulted in masked
protests by the artists and a hunger strike, and subsequently a brief dialogue between
independent artists and the Government, which the Special Rapporteur hopes will continue.
19.
Ugandan author and activist Kakwenza Rukirabashaija was arrested in April 2020. He
was charged with violations of COVID-19 measures and cyber-related crimes for a post made
on Facebook, although his interrogation by State security agents, during which he was
reportedly tortured, focused on his recently published political satire novel, The Greedy
Barbarian. Rukirabashaija was subsequently released on bail and faces trial for charges
related to violations of COVID-19 measures.49
20.
Other artists have faced threats in response to socially engaged artwork created during
the pandemic. On 18 April 2020, the collective that runs Delight Lab, an audiovisual light
40
41
42
43
44
45
46
47
48
49
See contribution from Finland.
See, e.g., contribution from Maldives.
See https://en.unesco.org/news/covid-19-unesco-and-icom-concerned-about-situation-faced-worldsmuseums.
See contribution from Panama.
See, e.g., A/HRC/44/49.
See, e.g., contribution from Freemuse.
See also numerous cases detailed in the contribution from PEN International.
See www.hrw.org/news/2020/09/21/sudanese-artists-imprisoned-pro-democracy-chants.
See https://freemuse.org/news/joint-call-for-the-release-of-imprisoned-rappers-denis-solis-gonzalezand-didier-almagro-in-cuba-and-an-end-to-police-harassment-against-artists-in-the-country/.
Contribution from PEN International. See also https://pen-international.org/news/uganda-drop-allcharges-against-kakwenza-rukirabashaija-1.
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