Cities of Refuge 1
Law In Sweden, the ICORN programme was examined i
n court in 2014. The issue was whether ICORN membership lies within the cultural framework at the municipal level or should be considered an issue of foreign policy and therefore a matter for the state. In 2015, the Administrative Court of Appeal in Sundsvall decided that being a City of Refuge is compatible with municipal law, since there are societal issues that can be described as matters for both state and local authorities. One such matter is safeguarding freedom of expression: “The purpose of a municipality being a City of Refuge and member of ICORN is to promote freedom of expression as a human right at a local level. Human rights must constitute an issue that in principle affects all political areas rather than exclusively foreign policy. The Cities of Refuge programme and membership in ICORN is entirely in agreement with Swedish foreign policy but is not realised through measures reserved for government. In its human rights action plan, the Government emphasises that municipalities and county councils have a responsibility and play an important role in Sweden being able to fulfil its human rights obligations.” From the Administrative Court of Appeal in Sundsvall, case no. 1889-14, 25 Mar 2015. The judgement also establishes that a municipality cannot be considered as having taken sides against a certain country or regime, since it is ICORN, not the local authority, that handles the selection criteria for artists that can be accepted within the ICORN framework. Local authorities are therefore given limited influence over which artists they would like to accept. They may choose artists from a list that ICORN provides. Becoming an ICORN artist in residence Any writer, journalist, musician, academic, visual or performing artist who is a victim of threats or persecution in their country of origin because they express their views through their professional and/or artistic work is able to apply for acceptance into the ICORN programme. Each City of Refuge has its own criteria for selecting artists into the local programme, The Cities of Refuge do not accept candidates who advocate any form of violence. 8/49