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Ugandan artists should not have to seek government approval to make their art

Supporters of Ugandan musician turned politician, Robert Kyagulanyi also known as Bobi Wine chant slogans outside his home after he arrived from the U.S. in Kampala, Uganda September 20, 2018. REUTERS/Francis Mukasa/File Photo  
PEN America, Index on Censorship, more than 100 musicians, writers and artists, and members of the British and Ugandan parliament have signed a petition calling on Uganda to drop plans for regulations that include vetting songs, videos and film scripts prior to their release. Musicians, producers, promoters, filmmakers and all other artists would also have to register with the government and obtain a licence that can be revoked for a range of violations
High-profile signatories to the letter include U2’s Bono, and Adam Clayton, author Wole Soyinka, and Razorlight’s Johnny Borrell. Please contact agasparian@pen.org.


Uganda’s government is proposing regulations that include vetting new songs, videos and film scripts, prior to their release. Musicians, producers, promoters, filmmakers and all other artists will also have to register with the government and obtain a licence that can be revoked for a range of violations.

We, the undersigned, are deeply concerned by these proposals, which are likely to be used to stifle criticism of the government.

We, the undersigned, vehemently oppose the draconian legislation currently being prepared by the Ugandan government that will curtail the freedom of expression in the creative arts of all musicians, producers and filmmakers in the country.

The planned legislation includes:

      • All Ugandan artists and filmmakers required to register and obtain a licence, revokable for any perceived infraction.
      • Artists required to submit lyrics for songs and scripts for film and stage performances to authorities to be vetted. 
      • Content deemed to contain offensive language, to be lewd or to copy someone else’s work will be censured.
      • Musicians will also have to seek government permission to perform outside Uganda.


Contained in a 14 page draft Bill that bypasses Parliament and will come before Cabinet alone in March to be passed into law, any artist, producer or promoter who is considered to be in breach of its guidelines shall have his/her certificate revoked.

This proposed legislation is in direct contravention of Clause 29 1a b of the Ugandan Constitution which states:
29. Protection of freedom of conscience, expression, movement, religion, assembly and association.
(1) Every person shall have the right to—
(a) Freedom of speech and expression which shall include freedom of the media;
(b) Freedom of thought, conscience and belief which shall include academic freedom in institutions of learning;

Furthermore, in accordance with Clause 40 (2)
(2) Every person in Uganda has the right to practise his or her profession and to carry on any lawful occupation, trade or business. As a Member State of the African Union, the Republic of Uganda has ratified the African Charter on Human and Peoples' Rights. Article 9 of the Charter provides:

1. Every individual shall have the right to receive information.
2. Every individual shall have the right to express and disseminate his opinions within the law.

We therefore call upon the Ugandan government to end this grievous and blatant violation of the constitutional rights of Ugandan artists and producers, and to honour its international obligations as laid down in the various international human rights conventions to which Uganda is a signatory and for Uganda to uphold freedom of speech.

Background

      • Although freedom of expression is protected under the Uganda constitution, it is coming under increasing threat in the country. 
      • In 2018, authorities arrested popular musician and opposition member of parliament, Robert Kyagulanyi, better known as Bobi Wine. He was badly beaten in military custody. Musicians, writers and social activists including Chris Martin, Angelique Kidjo, U2’s The Edge, Damon Albarn and Wole Soyinka, signed a petition calling for his release, which ultimately succeeded.
      • Since July 1, Ugandans have had to pay a tax of 200 shillings, about 5 US cents, for every day they use services including Facebook, Twitter, Skype and WhatsApp. 
      • The government said it wanted to regulate online gossip, or idle talk but critics fear this meant it wanted to censor opponents. 
      • During the presidential election in 2016, officials blocked access to Facebook and Twitter 
      • On Thursday January 31 a statement was made by Jeremy Hunt MP, the UK’s Secretary of State for Foreign and Commonwealth Affairs: “"We are aware of the proposed regulations to the Ugandan music and entertainment industry that are currently being consulted on and are yet to be approved by the Cabinet. The UK's position is that such regulations must not be used as a means of censorship. The UK supports freedom of expression as a fundamental human right and, alongside freedom of the media, maintains that it is an essential quality of any functioning democracy. We continue to raise any concerns around civic and political issues directly with the Ugandan government."


ABTEX – Producer, Uganda
ADAM CLAYTON – Musician, U2
ALEX SOBEL – Member of Parliament, United Kingdom
AMY TAN – Novelist, Screenwriter
ANDY HEINTZ – Freelance journalist and author, USA
ANISH KAPOOR - Artist, United Kingdom
ANN ADEKE – Member of Parliament, Uganda
ANNU PALAKUNNATHU MATTHEW – Artist, USA and India
ASUMAN BASALIRWA – Member of Parliament, Uganda
AYELET WALDMAN – Writer
BELINDA ATIM - Uganda Sustainable Development Initiative
BILL SHIPSEY – Founder, Art for Amnesty
BONO – Musician, U2
BRIAN ENO – Artist, Musician and Producer
BRUCE ANDERSON – Journalist Editor/Publisher
CLAUDIO CAMBON – Artist/Translator, France
CRISPIN BLUNT – Member of Parliament and former Chair of Foreign Affairs Select Committee, United Kingdom
DAN MAGIC – Producer, Uganda
DANIEL HANDLER – Writer, Musician aka Lemony Snicket
DAVID FLOWER – Director, Sasa Music
DAVID HARE – Playwright
DAVID SANCHEZ – Saxophonist and Grammy Winner
DEBORAH BRUGUERA – Activist, Italy
DELE SOSIMI – Musician – The Afrobeat Orchestra
DOCTOR HILDERMAN – Artist, Uganda
DR VINCENT MAGOMBE – Journalist and Broadcaster
DR PAUL WILLIAMS – Member of Parliament, United Kingdom
EDDIE HATITYE – Director, Music In Africa
EDDY KENZO – Artist, Uganda
EDWARD SIMON – Musician and Composer, Venezuela
EFE OMOROGBE - Director Hypertek Nigeria  
ERIAS LUKWAGO – Lord Mayor of Kampala Uganda
ELYSE PIGNOLET – Visual Artist, USA
ERIC HARLAND - Musician
FEMI ANIKULAPO KUTI – Musician, Nigeria
FEMI FALANA – Human Rights Lawyer, Nigeria
FRANCIS ZAAKE – Member of Parliament, Uganda
FRANK RYNNE – Senior Lecturer British Studies, UCP, France
GARY LUCAS – Musician
GERALD KARUHANGA – Member of Parliament, Uganda
GINNY SUSS – Manager, Producer
HELEN EPSTEIN – Professor of Journalism Bard College
HENRY LOUIS GATES – Director of the Hutchins Center at Harvard University
HUGH CORNWELL – Musician
IAIN NEWTON – Marketing Consultant
INNOCENT (2BABA) IDIBIA - Artist Nigeria
IRENE NAMATOVU – Artist, Uganda
IRENE NTALE – Artist, Uganda
JANE CORNWELL – Journalist
JEFFREY KOENIG – Partner, Serling Rooks Hunter McKoy Worob & Averill LLP
JESSE RIBOT – American University School of International Service
JIM GOLDBERG – Photographer, Professor Emeritus at California College of the Arts
JODIE GINSBERG – CEO, Index on Censorship
JOEL SSENYONYI – Journalist, Uganda
JON FAWCETT - Cultural Events Producer
JON SACK - Artist
JOHN AJAH – CEO, Spinlet
JOHN CARRUTHERS – Music Executive
JOHN GROGAN – Member of Parliament, United Kingdom
JONATHAN LETHEM – Novelist
JONATHAN MOSCONE – Theater Director
JONATHAN PATTINSON – Co-Founder Reluctantly Brave
JOHNNY BORRELL – Singer, Razorlight
JOJO MEYER - Musician
KADIALY KOUYATE – Musician, Senegal
KALUNDI SERUMAGA – Former Director - Uganda National Cultural Centre/National Theatre
KASIANO WADRI – Member of Parliament, Uganda
KEITH RICHARDS OBE - Writer
KEMIYONDO COUTINHO – Filmmaker, Uganda
KENNETH OLUMUYIWA THARP CBE – Director The Africa Centre
KING SAHA – Artist, Uganda
KWEKU MANDELA – Filmmaker
LAUREN ROTH DE WOLF – Music Manager Orchestra of Syrian Musicians
LEMI GHARIOKWU – Visual Artist, Nigeria
LEO ABRAHAMS – Producer, Musician, Composer
LES CLAYPOOL – Musician, Primus
LINDA HANN – MD Linda Hann Consulting Group
LUCIE MASSEY – Creative Producer
LUCY DURAN – Professor of Music at SOAS University of London
LYNDALL STEIN – Activist/Campaigner, United Kingdom
MARC RIBOT – Musician
MARCUS DRAVS – Producer
MAREK FUCHS – MD Sauti Sol Entertainment, Kenya
MARGARET ATWOOD – Author
MARK LEVINE – Professor of History UC Irvine – Grammy-winning artist
MARY GLINDON – Member of Parliament, United Kingdom
MATT PENMAN – Musician, New Zealand
MARTIN GOLDSCHMIDT – Chairman, Cooking Vinyl Group
MEDARD SSEGONA – Member of Parliament, Uganda 
MICHAEL CHABON – Writer 
MICHAEL LEUFFEN – NTS Host, Carhartt WIP Music Rep 
MICHAEL UWEDEMEDIMO – Director, CMAP and Research Fellow King’s College London 
MILTON ALLIMADI – Publisher, The Black Star News 
MORGAN MARGOLIS – President, Knitting Factory Entertainment, USA 
MOUSTAPHA DIOP – Musician, Senegal MusikBi CEO 
MR EAZI – Musician, Producer, Nigeria 
MUWANGA KIVUMBI – Member of Parliament, Uganda 
NAOMI WEBB – Executive Director, Good Chance Theatre, United Kingdom 
NICK GOLD – Owner, World Circuit Records NUBIAN LI – Artist, Uganda 
OHAL GRIETZER – Composer 
OBED CALVAIRE – Musician 
OMOYELE SOWORE – Founder Sahara Reporters and Nigerian Presidential Candidate 
PATRICK GRADY – Member of Parliament, United Kingdom 
PAUL MWIRU – Member of Parliament, Uganda 
PAUL MAHEKE - Artist, United Kingdom
PETER GABRIEL – Musician 
RACHEL SPENCE – Arts Writer and Poet, United Kingdom 
RASHEED ARAEEN – Artist, United Kingdom 
RAYMOND MUJUNI – Journalist, Uganda 
RHETT MILLER – Musician, Writer 
RILIWAN SALAM – Artist Manager 
ROBERT MAILER ANDERSON – Writer and Producer 
ROBIN DENSELOW – Journalist, United Kingdom 
ROBIN EUBANKS – Trombonist, Composer, Educator 
ROBIN RIMBAUD – Musician 
RUTH DANIEL – CEO, In Place of War 
SAMIRA BIN SHARIFU – DJ 
SANDOW BIRK – Visual Artist, USA 
SANDRA IZSADORE – Author, Artist, Activist, USA 
SEAN JONES – Musician, Composer, Bandleader, Educator 
SEUN ANIKULAPO KUTI – Musician, Composer 
SHAHIDUL ALAM – Photojournalist and Activist, Bangladesh 
SIDNEY SULE - B.A.H.D Guys Entertainment Management, Nigeria
SIMON WOLF – Senior Associate, Amsterdam & Partners LLP 
SRIRAK PLIPAT – Executive Director, Freemuse 
STEPHEN BUDD – OneFest / Stephen Budd Music Ltd  
SEBASTIAN ROCHFORD – Musician, Pola Bear 
SOFIA KARIM – Architect and Artist 
STEPHEN HENDEL – Kalakuta Sunrise LLC 
STEVE JONES – Musician and Producer 
SUZANNE NOSSEL – CEO, PEN America 
TANIA BRUGUERA – Artist and Activist, Cuba
TOM CAIRNES – Co-Founder Freetown Music Festival 
WOLE SOYINKA – Nobel Laureate, Nigeria 
YENI ANIKULAPO KUTI – Co-Executor of the Fela Anikulapo Kuti Estate 
ZENA WHITE – MD, Knitting Factory and Partisan Records 

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