The celebrated Iranian photographer Newsha Tavakolian has defended herself in opposition to accusations of unethical follow after publishing a collection of identifiable pictures of African teenage rape survivors made whereas on task for the worldwide humanitarian organisation (MSF).
On 25 August 2021, Tavakolian, 41, a Magnum Photos member and one of many foremost feminine battle photographers on the planet, revealed on the non-governmental organisations (NGO) websiten Ituri, A Glimmer Through the Crack, a collection of images she created over a four-week interval in March 2021 within the war-torn Ituri province within the northeastern reaches of the Democratic Republic of the Congo. The collection targeted on feminine victims of sexual violence and included a number of totally identifiable images of a 16-year-old teenage woman from the distant Congolese village of Drodro.
MSF posted the photoessay alongside a first-person article co-written by Tavakolian; the collection was then shared on Magnums siten on 21 April 2022 and has since come underneath the scrutiny of distinguished images activists on social media.
The pictures of the woman, in addition to these of different survivors of rape included within the collection, are deeply problematic, the activists say, as the ladies in query have been unable to supply Tavakolian or MSF with knowledgeable consent.
Photographer Jason Tanner, a human rights photographer and trainer who has beforehand labored for MSF, stated to The Art Newspaper: These images will exist, in perpetuity, on the web, identifying them as child survivors of rape. How does a child, in Ituri, fully understand that? Does MSF not believe these stories can be told without resorting to images of fully identifiable child survivors of rape?
On 13 May, MSF deleted 5 pictures from the collection, together with the pictures of the woman in query. In an announcement to The Art Newspaper, an MSF spokesperson pledged to review our audio-visual guidelines and their implementation, in order to avoid misjudgments in the future.
Safeguarding is paramount to Magnum Photos and we welcome these important ethical debates, says a spokesperson for Magnum Photos in an announcement to The Art Newspaper. In this case, we are satisfied that News has photos and her account of her trip to the Democratic Republic of the Congo with MSF is consistent with our code of ethics and that, given the specific context, she acted in line with the expectations of Magnum Photos, and with consideration to the people she photographed.
Informed consent
In the essay written alongside the photograph task, Tavakolian writes of the pictures of the woman: Two months ago, as she was fetching water along with five other women, [the girl] fell behind because she was walking slowly with the heavy jugs. That is when she was grabbed by three armed men [and raped].
Tavakolian first met the woman in query in a well being centre affiliated with MSF near the village of Drodro. The woman had travelled there after listening to of Tavakolians presence; she did so with the categorical want of giving testimony, Tavakolian tells The Art Newspaper. She wanted to speak out and tell her story, Tavakolian says. She was determined to do so.
Tavakolian says she is dissatisfied that MSF have deleted the pictures of the woman. I continue to defend my decision. Because, on the ground, and through my encounter with [the girl], I saw a specific kind of determination in her, as someone who could not rely on a legally viable adult to share the truth about her. That is why I included her story, she says.
Before the image was taken, well being and wellbeing assessments have been made, Tavakolian says. There were prior conversations with the medical and psychology teams, she says. After we took the picture, an expat MSF communication officer and I again explained to [the girl] that her image might be used. She signed a consent form that was translated for her by a local translator who was accompanying us.
Tavakolian says the pictures have been made in full collaboration with the woman, who may present company over their creation and publication. Who could she ask permission from? Tavakolian asks. She has no parents and is taking care of her siblings To me, she isn't a typical 16-year-old, living a Childs life in a world of comfort. No, she lives in East Congo, in an area where rape is an instrument of war.
Tavakolian admits she grappled with the ethics behind the image. As for agency, this is a thin line; who has the agency for others? she asks. For me, this is more about empathy. Should I tell her to walk back home without having told her story because she had no parents to give her consent? No. By my judgment she was powerful and strong and wanted to speak out and tell her story.
Tavakolian reveals to The Art Newspaper she has been a sufferer of sexual abuse in her life and profession. While my experience is incomparable [to that of the girl in question], I can understand that life can be difficult at an early age, she says. When I was 16, I was working as a photographer in Iran documenting key political events. I also like many women have had to deal with sexual abuse. I look at [the girl] and those like her in a way I personally can relate to. We both had to fight at an early age and this makes us grow up quicker.
Speaking to The Art Newspaper, the main human rights lawyer Sherizaan Minwalla says: I just don't understand why the photographer thought that exposing a child like this would be okay. Its so problematic. I don't think it is a dignified portrayal of a rape victim.
Photographing trauma
MSF initially defended the images, releasing an announcement on 6 May saying: The decision to use [the girls] story and image came after deliberation with the medical team and her strong desire to testify. We decided to stand by this call, and to respect her wishes. But on 13 May, MSF eliminated 5 pictures from the story and pledged to launch an inside assessment. While they stated the assessment could be made public on completion, a spokesperson was unable to supply a timeframe for when it will be carried out.
Minwalla is founding father of Taboo LLC, a consultancy enterprise specializing in human rights, together with tips on how to ethically doc gender-based violence. Previously, she spent six years in Iraq working with survivors of sexual violence for NGOs together with the International Rescue Committee. Whenever you're dealing with someone who has been raped, the first issue, of course, is safety, she says.
The continued presence of the pictures on-line could place [the girl] in additional hazard, Minwalla says. Are the images exposing the person in any way to more danger? Are they at risk of retaliation? she says. Then theres the question of trauma and stigmatisation. This person is a minor. So clearly, theres no way they have gone through a recovery process. So what is the risk to their personal safety in terms of their mental health or community stigma as a result of these images? These questions need to be asked immediately, she provides.
In response to these allegations, Tavakolian says: I think the concerns expressed here are important. But they also show a double standard, thatwe see often in the West. This person [Sherizaan Minwalla] is saying my portrait of the girl, which is now shown online, has made her life in the East Congo more insecure. The reality is the girl in question, and most women like her, have to worry if they can make it alive through thenext round of fetching water. I wish the world would be really willing to try to make her life secure, by stopping theviolence and poverty in East Congo—violence and poverty that has deep roots in western colonialism. Why are activists not writing against the real injustices of inequality that are at the core of all of this? Instead, they choose tocampaign to delete the girl, to silence her and the experiences she wanted to be told. This is my personal opinionhowever. If MSF now says it has misjudged the situation, I respect that.
Ethics tips
The situation with Tavakolians images is the latest in a series of controversies surrounding problematic imagery that have beset the Magnum Photos agency in recent years. Issues surrounding the presence, and sometimes commerce, of images of children in conflict zones led Magnums management to announcean independent child safeguarding review and to commit to the implementation of their recommendations. Those were consequently made by Andrew Puddephatt, the chairman of the Internet Watch Foundation.
Activists have famous that Article 3 of the Convention on the Rights of the Child states: The best interests of the child shall be a primary consideration. The United Nations International Childrens Emergency Fund (UNICEF), in the meantime, have published ethical guidelinesn on tips on how to doc kids whove suffered sexual abuse. The tips are unequivocal: Always change the name and obscure the visual identity of any child who is identified as a victim of sexual abuse or exploitation.
But Tavakolian does not believe there should be blanket anonymization of rape victims classed as minors. A few of the many images I took in Congo were of individuals under the age of 18, she says. Once I delivered the images to MSF, it was up to them to set the boundaries and decide whether to publish or not according to their policies.
No single rule can be applied to all rape cases, Tavakolian provides. Perhaps 99% of the time, the image of the underage victim should not be shared publicly. There is always a small percentage of cases where you have to be there to make a judgment call.
MSF have historically invested closely in battle photojournalism and are considered one of many few humanitarian organizations nonetheless keen to totally assist photographers on task in poverty stricken and war-torn locations just like the Democratic Republic of the Congo.
The United Nations has recorded n15,000 instances of rape and sexual violence in opposition to kids in battle zones over the previous 15 years. This, it warns, might be a fraction of the true quantity. As The Economist experiences, round 72 million kids stay in warfare zones through which fighters sexually assault kids, in response to research by Ragnhild Nordas of the University of Michigan and co-authors. That is sort of ten instances the quantity in 1990.
