A/HRC/43/50
including with refugee status. Moreover, the nature of the risks may also be affected by
situations of repression, emergencies, violence, armed conflict and post-conflict. The risks
cultural rights defenders face are contextual, and may also be affected by their minority or
majority status, their gender or class background and other aspects of identity. States, civil
society and international organizations must assess the possibilities and risks in each type of
situation and develop effective and appropriate response mechanisms.
67.
Cultural rights defenders in certain circumstances face similar human rights
violations as other human rights defenders. These may include stigmatization;
discrimination; bullying; loss of employment; threats; acts of violence; threats and violence
against colleagues and family; arbitrary arrest and detention; unfair trials; spurious court
cases, including for defamation; torture or ill-treatment; sexual violence; corporal
punishment; enforced disappearances; and summary, arbitrary or extrajudicial killings.
These may be carried out by State and/or non-State actors. When cultural rights defenders
are forced to flee, they may face further abuses in exile, both from actors in their countries
of origin and in receiving countries. Impunity for all such abuses is rampant in many
contexts.
68.
Emerging concerns regarding digital security, including online harassment,
surveillance and repression are also relevant. The rights of cultural rights defenders must
also be ensured online.
69.
A few examples illustrate some of the repercussions faced by cultural rights
defenders. Owing to her work as a journalist, Masih Alinejad, from the Islamic Republic of
Iran, went into exile and found creative ways to champion women’s cultural rights. She
launched a campaign called “My Stealthy Freedom” in which women in the Islamic
Republic of Iran shared photographs with her that had been taken without the mandatory
hijab. The hijab had been imposed upon them under threat of harsh punishments;46 hence
they did not view it as a cultural expression, but as the expression of an officially imposed
ideology (A/72/155, paras. 73–80). The videos and images were distributed on the Internet,
allowing women a venue to express their cultural rights concerns and dissent. As a result,
contact with Ms. Alinejad is now understood as a criminal act and the head of the Tehran
Revolutionary Court declared in July 2019 that anyone sending her such a video could face
a 10-year sentence. 47 Multiple women have subsequently received lengthy sentences for
removing their hijabs. Ms. Alinejad’s brother was also arrested as a means of punishing her
for this work.48
70.
Around the world, many cultural rights defenders are arbitrarily detained. 49 For
example, award-winning Uighur intellectual Ilham Tohti, who ran a website “to provide
Uighurs and Hans with a platform for discussion and exchange”, and to offer a forum for
discussion of Uighur social and cultural issues, is serving a life sentence in China. 50 All
such cases are of grave concern for the Special Rapporteur, who calls for the immediate
release of anyone detained for their work as a cultural rights defender.
71.
The work of other human rights defenders to defend cultural rights defenders has
played a crucial role in positive outcomes. The Special Rapporteur was delighted that
blogger Cheick Mohamed Mkhaitir 51 was released from prison in 2019. Mr. Mkhaitir
campaigned against the use of religious justifications for caste discrimination in Mauritania
and was condemned to death for blasphemy. He served more than five years in prison and
was the subject of numerous communications and statements by the cultural rights mandate,
46
47
48
49
50
51
United Nations, OHCHR, “Iran: release women jailed for protesting against compulsory wearing of
veil, say UN rights experts”, news release, 16 August 2019.
www.isna.ir/news/98050703481 (in Farsi).
Amnesty International, “Iran: family of women’s rights activist arrested in despicable attempt to
intimidate her into silence”, 25 September 2019.
Freemuse documented 157 cases of artists being detained in 2018. Freemuse, The State of Artistic
Freedom 2019: Whose Narratives Count? (2019).
See Working Group on Arbitrary Detention, communication No. 3/2014 (China), 6 February 2014;
and Human Rights Watch, “Timeline of Ilham Tohti’s case”, 15 September 2014.
www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=24705&LangID=F.
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