A/HRC/44/49/Add.2 31. The Cuban artist Danilo Maldonado Machado was arrested in Cuba while carrying two pigs with the names “Raúl” and “Fidel” painted on them. The artist planned to release the pigs at an artistic event in the Central Park of Havana. At the time of the arrest, he was accused of “disrespecting the leaders of the Revolution.72 When groups of artists protested a Cuban law (Decree 349) specifically targeting dissemination of art, the Cuban government was quick to arrest all those involved in the protest.73 32. Discriminatory treatment: The right to freedom of opinion and expression must be respected “without distinction of any kind” (see article 2 (1) of the ICCPR). Members of some groups, however, often face particular discrimination when it comes to the implementation of restrictions on expression. In South Korea, artists, actors, directors, musicians, writers and publisher, who were deemed to be critical of the government or “leftleaning”, where included in a “blacklist” created by high ranking officials at the Ministry of Culture, including the former Minister. The list was used to ban artists from receiving government funds, and some prevented from exhibiting their work at certain venues or festivals.74 The Belarus Free Theatre, an international theatre company operating underground in Belarus and led by artistic directors in exile, use art to address contemporary social issues, including LGBT rights, and bring about systemic change. Their members have been arrested and ‘blacklisted’, which means that they cannot perform in official art institutions.75 33. Minority groups are particularly vulnerable to restrictions on artistic expression because the art will frequently be challenged solely for its existence and not any alleged challenge to state authority or public outcry. Women and members of the LGBTI community are especially targeted. FreeMuse has found that the most common restrictions on women’s expression are performances with nudity/indecency, images containing nudity, sharing performance space with men, or indecent attire.76 Charges often include indecency, blasphemy, and attacks against public order. LGBTI art is also censored to prevent information on same-sex relationships to children.77 The certification system in Turkey (described below) has been widely used to limit the circulation of films. This system, together with emergency decrees and legislation has been used to prevent screenings of several films and film festival that address LGBTI issues. 78 Indeed, an event, including a short film screening, planned by a LGBTI group in Ankara was banned by the Governor’s office citing “public safety” and “terrorism” risks.79 34. In 2011 the Malaysian government allegedly banned the fourth annual Seksualiti Merdeka LGBT festival in Kuala Lumpur. The festival included talks, workshops, literary events, and performances. The ban was issued on the grounds that the festival constituted a “threat to public order” under section 298A of the Penal Code.80 72 73 74 75 76 77 78 79 80 12 Communication to Cuba, CUB 3/2015, 20 October 2015. Communication to Cuba, OL CUB 2/2019, 12 June 2019; Pen|Artists at Risk Connection. Art Under Pressure: Decree 349 Restricts Creative Freedom in Cuba; Oliver Basciano/ The Guardian, Cuban artists fear crackdown after Tania Bruguera arrest, 6 December 2018. Communication to South Korea, AL KOR 1/2017, 8 June 2017. Some high ranking officials have been prosecuted for keeping this blacklist. Report of the Special Rapporteur in the field of cultural rights, Karima Bennoune, Report on the contribution of artistic and cultural initiatives to creating and developing right-respecting societies, A/HRC/37/55, 4 January 2018 ¶42; Report of the Special Rapporteur on the situation of human rights in Belarus, A/HRC/32/48, 21 April 2016, ¶41; Freemuse, Security, Creativity, Tolerance and their Coexistence: The New European Agenda on Freedom of Artistic Expression, p. 52. Freemuse, The state of Artistic Freedom 2019, p. 23. Available at https://freemuse.org/resources/item/the-state-of-artistic-freedom-2019/. Freemuse, Security, Creativity, Tolerance and their Co-existence: The New European Agenda on Freedom of Artistic Expression, p. 50. Communication to Turkey, AL TUR 12/2018, 18 September 2018. Communication to Turkey, AL TUR 12/2018, 18 September 2018; P24| SUSMA. Platform for Independent Journalism. Censorship and Self-Censorship in Turkey: January 2019- November 2019, p. 22. Communication to Malaysia, MYS 11/2011, 23 January 2012.