CONCLUSION AND RECOMMENDATIONS

As this Case List was being prepared, civilians in the MENA region, particularly Iran, were paying the highest price in yet another conflict which is also throwing shock waves into economies around the world, the outlook for freedom of expression is between a rock and a hard place. Authoritarian governments, often stoking conflict for their own ends, are seeking to quell dissent on the one hand and on the other, Big Tech and other extractive industries run by broligarchs are hell bent on maintaining their bottom line, often through the deliberate spread of disinformation and lobbying for repression of protests. The role of PEN International in calling out authoritarian practices that quell peaceful dialogue and conflict resolution, and impede the free flow of information, as well as persecuting individual writers, is at its most critical since the end of the Second World War.  

At the same time, the rise and rise of generative artificial intelligence poses a new and growing threat to freedom of expression and the creative industries. AI-generated disinformation and ‘deep fake’ content severely harm the right to access information and fuels racism, xenophobia, gender-based violence and transphobia, while the very act of creation is undermined by the unregulated use of the technology that is robbing writers and artists of their intellectual property and ultimately their livelihoods. PEN international’s continued efforts to use literature and the influence of writers for good to counter this disturbing trend are all the more needed in this new world order. The organization could usefully consider what additional efforts it could take to support the right to create, as well as to counter the worrying rise in transnational repression. 

To these ends, PEN International makes the following recommendations, in addition to those in previous Case Lists:  

To foster peace

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To states and multilateral institutions 

  • Make every possible effort to strengthen dialogue between States and peoples in order to reach consensual agreements, reinforcing both multilateralism within the United Nations and the traditional principles that have for decades inspired diplomatic practices between nations, so that the rule of law, human rights and, in particular, freedom of expression are universally respected. 

  • Do all within their power to bring about an immediate end to all armed conflicts, especially to end indiscriminate attacks on civilians including writers, artists, and cultural workers and on educational and cultural infrastructure, to ensure the delivery of adequate humanitarian aid to those in need, and to prioritise rebuilding the cultural and education sectors once conflict has ended. 

  • Ensure accountability and the right to remedy for international crimes, including genocide and apartheid, as well as for human rights violations.  

  • Immediately end propaganda for war, incitement to genocide, and hate speech, including the advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. 

To protect writers

  • Immediately and unconditionally release all writers, journalists, activists, artists, bloggers and other cultural workers unjustly imprisoned or detained without trial, simply for exercising their legitimate right to freedom of expression, including all detained and imprisoned writers listed in this Case List, and drop charges against any writer facing trial solely on account of their work or the peaceful expression of their opinions. 

  • Implement effective measures to protect writers from threats, harassment, physical attacks and death and to counter impunity for such actions. 

  • End attempts to silence writers overseas through transnational repression tactics. 

  • End the practice of enforced exile, including through banishment and ‘civil death’ through forced deportation, refusal of entry and stripping of citizenship and civil rights, which can amount to a crime against humanity if applied for political reasons. 

  • Repeal all legislation, including criminal defamation and insult laws, and desist from introducing new laws that unduly restrict the right to freedom of expression, including online, and ensure adequate protections for a free press in all countries, in line with states’ international human rights obligations.  

  • Introduce effective measures to address the growing use of SLAPPs, in line with PEN International’s 2023 resolution on countering SLAPPs as these pose a significant threat to freedom of expression and public participation.  

  • Ensure a comprehensive, fair and systematic response to all writers and creatives fleeing persecution in line with PEN International’s 2024 resolution on protection mechanisms for writers

To enhance the cultural role of minoritized communities

Recognise and celebrate the role of minoritized communities in advancing the culture of all states, including by: 

  • Taking effective measures to stem and reverse the rising tide in many countries of xenophobia, antisemitism, islamophobia, anti-LGBTQI and anti-women’s rights sentiments; 

  • Facilitating mother tongue education, which enables members to celebrate their life, language, culture and heritage; 

  • Promoting translation of literatures to and from minoritized languages; 

  • Protecting the cultural heritage of minoritized communities; 

  • Ending the persecution of any writer solely on the grounds of their background and protecting the right of writers from minoritized communities to advocate for their community’s rights without fear of reprisals. 

To promote and protect women writers

Implement the calls of PEN International’s Women’s Manifesto, specifically by: 

  • Ending all forms of violence against women and girls; 

  • Protecting women writers and journalists and combating impunity for attacks against them, including online; 

  • Eliminating gender disparity at all levels of education; 

  • Ensuring full equality of women in both law and practice, including by addressing structural barriers to women writers and ensuring parity for them in employment and remuneration as writers. 

To protect civic space as a bulwark for the realisation of human rights

  • Reaffirm the importance of civic space as a foundation for an authentic democracy that respects, protects and facilitates the right of all, individually or with others, to safely speak out, organise, associate, peacefully protest, participate and claim their rights, including the right to express their opinion, views and criticism of the political, social, economic and cultural structures around them, and put in place adequate measures to nurture and protect it. 

  • Develop and implement bolder and better coordinated responses to the global rise in authoritarianism and the widespread emergency of shrinking civic space that imperil and significantly threaten to erode gains made in many countries over decades of struggle, solidarity and emerging global consensus on democratic governance and respect for human rights as foundational for peaceful, open, and just societies. 

  • End the use of smear campaigns that put writers at risk of physical and digital harassment and attacks, and which disproportionately affect women. 

  • Desist from banning books and other forms of artistic expression that do not constitute hate speech. 

To writers and artists

  • Use storytelling to foster understanding, dialogue and empathy, encouraging readers to imagine more humane and compassionate futures.  

  • Champion the ideal of one humanity living in peace and equality, challenge cruelty and injustice, and remind political, economic, social, and cultural leaders of their responsibility for social justice in their communities. This can be done not only through confrontation but through the quiet power of a well-told story.  

  • Support all forms of justice including environmental, climate, racial, gender and intergenerational justice which are indivisibly intertwined with freedom of expression . Censorship, persecution, and exclusion of minoritized voices are forms of structural violence that violate human rights law and standards.  

  • Reject hateful and racist rhetoric. Cruelty, dehumanisation, repression, or intolerance must be exposed as unworthy.  

  • Hold governments accountable, not only to their supporters but to all people under their jurisdiction. Advocate for fairness, generosity, empathy, and justice, both within and beyond national borders.  

  • Defend truth and help persecuted writers by translating, publishing, and spreading their words that have been silenced by autocratic regimes.