Convention on the Protection and Promotion of the Diversity of Cultural Expressions

The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a binding international legal instrument[1] and UNESCO convention adopted by the UNESCO General Conference on 20 October 2005, during the 33rd session of the UNESCO General Conference held in Paris, France, on 3–21 October 2005. The convention complements the previously established provisions of UNESCO including the Universal Declaration on Cultural Diversity of 2001. "The Convention recognises the rights of Parties to take measures to protect and promote the diversity of cultural expressions, and impose obligations at both domestic and international levels on Parties."[2] The Convention is available in six authoritative texts: Arabic, Chinese, English, French, Russian and Spanish.[3]

As of January 2020, the Convention has 149 parties:[4] 148 states and the European Union.

Background

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a precursor for seven UNESCO conventions which deal with the four core areas of creative diversity; cultural and natural heritage, movable cultural property, intangible cultural heritage and contemporary creativity.[5] These seven UNESCO conventions include the Universal Copyright Convention (1952, followed by a revision in 1971), the Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954/1999), the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), the Convention Concerning the Protection of World Cultural and Natural Heritage (1972), the Convention on the Protection of the Underwater Cultural Heritage (2001), the Convention for the Safeguarding of the Intangible Cultural Heritage (2003), and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).[5]

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions deals with specific articles in the UNESCO Universal Declaration on Cultural Diversity, Articles 8 through 11. These articles clarify three issues. First, the relationship that identity has with cultural goods and services, which values and meaning should not be treated as economic goods. Second, the States have the responsibility for the protection and promotion for the "diversity of cultural expressions and ensuring the free flow of ideas and works".[5] Third, there needs to be international co-operation.[5]

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a legally binding international agreement that ensures artists, cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a broad range of cultural goods, services and activities, including their own.[6] Cultural expressions are conveyed by activities, goods and services, which results in an economic and cultural nature. Due to this dual sided nature, cultural expressions cannot be seen purely as objects of trade.[5]

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions main objective is to strengthen creation, production, distribution/dissemination, access and enjoyment of cultural expressions transmitted by cultural activities, goods and services, with a strong focus on developing countries.[5] The promotion of dialogue and creativity of cultural diversity is an necessary element in the goal to achieve peace and sustainable development.[5] The Convention was adopted in response to "growing pressure exerted on countries to waive their right to enforce cultural policies and to put all aspects of the cultural sector on the table when negotiating international trade agreements."[7] "The international community signalled the urgency to implement an international law that would recognize the distinctive nature of cultural goods, services and activities as vehicles of identity, values and meaning and that while cultural goods, services and activities have important economic value, they are not mere commodities or consumer goods that can only be regarded as objects of trade."[6]

The Convention's main objective is to provide a legally binding international agreement that reaffirms the sovereign right of States to adopt cultural policies that support their cultural industries.[7] The Convention does not want to control and restrict cultural expressions, but to promote and protect them.[5] Recognizing that the diversity of cultural expressions is a "rich asset for individuals and societies, the protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations.".[8] The Convention also defines on cultural industry and interculturality[9]

History

Since the late 1980s, a growing number of countries were showing concern that "the proliferation of trade agreements promoting absolute market liberalization dramatically increased the threat to cultural industries. Countries wishing to retain their right to enforce cultural policies risked being marginalized and unable to maintain their position."[7]

Civil society played an important role in the elaboration and adoption of the 2005 Convention.[10] The Coalition for Cultural Diversity (CDC) was one of the most active civil society organizations in the debates and later in the ratification process of the Convention. The CDC also worked closely with the governments of Quebec and Canada to prepare for the implementation of the Convention.[11]

Steps

The preliminary draft was drawn up over a series of two years, 2003–2005. The Director-General of UNESCO assigned fifteen experts to write a draft called the Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions. Meetings were held for suggested improvements and the draft eventually led to the adoption of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions on 20 October 2005.[1]

  • 2003 to 2005 marked the years where negotiations at UNESCO started took place to create an international agreement that aims to protect and promote the diversity of cultural expressions.
  • 20 October 2005: UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted.
  • 18 March 2007: The Convention enters into force and three months later, the 56 Member States that ratified it meet in Paris for the first Conference of the Parties to begin work on implementing the Convention.
  • 18–20 June 2007: First Session of the Conference of Parties to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 10–13 December 2007: First Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 24–26 June 2008: First Extraordinary Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 8–12 December 2008: Second Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 23–25 March 2009: Second Extraordinary Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 15–16 June 2009: Second Session of the Conference of Parties to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in Paris, France.[13]
  • 7–9 December 2009: Third Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 29 November / 3 December 2010: Fourth Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]
  • 14–15 June 2011: Third Session of the Conference of Parties to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in Paris, France[13]
  • 5–7 December 2011: Fifth Session of the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions.[13]

As of February 2018, 145 states and the European Union have ratified or acceded to the Convention.[14]

Layout of the convention

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions contains the following:[5]

  • Preamble
  • I. Objectives and guiding Principles: Articles 1 and 2
  • II. Scope of application: Article 3
  • III. Definition: Article 4
  • IV. Rights and obligations of Parties: Articles 5 to 19
  • V. Relationship to other instruments: Articles 20 and 21
  • VI. Organs of the Convention: Articles 22 to 24
  • VII. Final clauses: Articles 25 to 35
  • Annex- Conciliation Procedures: Articles 1 to 6

Custodians and beneficiaries to the convention

All cultural actors are required to participate as custodians to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. These include States and institutions recognised by the Convention, civil actors and civil society, private actors, such as cultural enterprises and industries, especially in developing nations and minorities and indigenous peoples.[5]

The beneficiaries to the Convention are unlimited. The Convention benefits all peoples because the ability to participate and promote cultural diversity is profitable for all individuals and societies. Also, recognition for the creators of cultural expressions and the communities that celebrate their works. A major beneficiary to the Convention are the artists and practitioners of the cultural expressions. In addition to the broad ranged beneficiaries, the Convention lists several specific groups such as women, indigenous peoples, minorities, and artists and practitioners of developing nations. Countries with the inability to produce and disseminate their own cultural expressions, such as developing nations. The Convention provides such need based nations financial assistance for the artists and practitioners of cultural expressions.[5]

Ratification and entry into force

To become parties to the convention, member states of UNESCO must follow the traditional procedure; deposit and instrument of ratification, acceptance, approval or accession with the Director-General of UNESCO. Invited non-member states, and regional economic integration organisations may also accede to the convention. The convention entered into force on 18 March 2007 after it had been ratified by 30 states. As of March 2016, the convention has been ratified by 140 states and by the European Union.

General objectives to the 2005 convention

The main objective for the Convention on the Protection and Promotion of the Diversity of Cultural Expressions is to protect and promote the diversity of cultural expressions.[1] The Convention highlights the fact that cultural creativity has been placed upon all of humanity and that aside from economical gains, creative diversity reaps plenty of cultural and social advantages.[5] States must also promote "openness to other cultures of the world". Protective measures are also included in the Convention and international co-operation is encouraged in times of need. This Convention works to strengthen economic growth and cultural acceptance.

Additional objectives are as follows:

  • To reaffirm the sovereign rights of States to adopt cultural policies while ensuring the free movement of ideas and works.
  • To recognise the distinct nature of cultural goods and services as vehicles of values, identity and meaning.
  • To define a new framework for international cultural co-operation, the keystone of the Convention
  • To create the conditions for cultures to flourish and freely interact in a mutually beneficial manner
  • To endeavour to support co-operation for sustainable development and poverty reduction, via assistance from the International Fund for Cultural Diversity.[13]
  • To ensure that civil society plays a major role in the implementation of the Convention.[15]
  • To "strengthen international cooperation and solidarity with a view to favouring the cultural expressions of all countries, in particular those whose cultural goods and services suffer from lack of access to the means of creation, production and dissemination at the national and international level."[1]

The Convention also affirms that "Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expresions, are guaranteed."[16] in a manner against a cultural relativism that may undermine universality of human rights.

Additions Made to the Convention

Operational Guidelines for the Convention: A series of operational guidelines were approved by the Conference of Parties at its second (15–16 June 2009) and third session (14–15 June 2011) in Paris, France.[13]

Rules of Procedure of the Conference of Parties to the 2005 Convention: Adopted by the Conference of Parties to the Convention at its first (18–20 June 2007) and second sessions (15–16 June 2009) in Paris, France.[13]

Rules of Procedure of the Intergovernmental Committees for the Protection and Promotion of the Diversity of Cultural Expressions: Adopted by the Intergovernmental Committees for the Protection and Promotion of the Diversity of Cultural Expressions at its first session in Ottawa, Canada (10–13 December 2007) and approved by the Conference of Parties to the 2005 Convention at its second session in Paris, France (15–16 June 2009).[13]

Financial Regulations for the Special Account for the International Fund for Cultural Diversity.[13]

See also

References
  1. 30 frequently asked questions concerning the Convention and Promotion of the Diversity of Cultural Expressions
  2. United Kingdom Foreign and Commonwealth Office
  3. Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005
  4. "Conventions". www.unesco.org. Retrieved 20 February 2018.
  5. Ten Keys to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions
  6. UNESCO 2005 Convention
  7. "Coalition for Cultural Diversity" (PDF). Archived from the original (PDF) on 5 March 2016. Retrieved 15 April 2011.
  8. UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Article 2 Paragraph 6
  9. UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Article 4 Paragraph 8
  10. "The Work of Other Institutions on a New Legal Instrument on Cultural Diversity". Diversity of Cultural Expressions. 12 October 2015. Retrieved 18 June 2020.
  11. Heritage, Canadian (13 February 2007). "Governments of Canada and Quebec Meet with the Canadian Coalition for Cultural Diversity to Prepare for Implementation of the Convention". gcnws. Retrieved 18 June 2020.
  12. UNESCO Universal Declaration on Cultural Diversity
  13. Basic Texts of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions
  14. UNESCO Convention Member States
  15. International Federation of Coalitions for Cultural Diversity (IFCCD)
  16. UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Article 2, Paragraph 1
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