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The General Conference of UNESCO, meeting in Paris from October
3 to October 21, today approved (148 votes for, two against, four abstentions)
the Convention on the protection and promotion of the diversity of cultural
expressions, an international normative instrument that will enter into force
three months after its ratification by 30 States. The result of a long process
of maturation and two years of intense negotiations, punctuated by numerous
meetings of independent and then governmental experts, this text which takes
the form of an international normative instrument, reinforces the idea already
included in the UNESCO Universal Declaration on Cultural Diversity, unanimously
adopted in 2001, that cultural diversity must be considered as a "common
heritage of humanity", and its "defence as an ethical imperative,
inseparable from respect for human dignity." In 2003, Member States requested
the Organization to pursue its normative action to defend human creativity,
a vital component of the Declaration, as explained in Articles eight and eleven.*
The Convention** seeks to reaffirm the links between culture,
development and dialogue and to create an innovative platform for international
cultural cooperation; to this end, it reaffirms the sovereign right of States
to elaborate cultural policies with a view "to protect and promote the
diversity of cultural expressions" and "to create the conditions for
cultures to clourish and to freely interact in a mutually beneficial manner"
(Article 1).
At the same time, a series of Guiding Principles (Article 2)
guarantees that all measures aimed at protecting and promoting the diversity
of cultural expressions does not hinder respect for human rights and fundamental
freedoms "such as freedom of expression, information and communication,
as well as the ability of individuals to choose (them)…". As well,
the "Principle of openness and balance" ensures that when States adopt
measures in favour of the diversity of cultural expressions "they should
seek to promote, in an appropriate manner, openness to other cultures of the
world".
The rights and obligations of Parties (Articles 5 to 11) include
a series of policies and measures aimed at protecting and promoting the diversity
of cultural expressions, approaching creativity and all it implies in the context
of globalization, where diverse expressions are circulated and made accessible
to all via cultural goods and services.
Thus, Parties, recognizing the fundamental role of civil society,
will seek to create an environment that encourages individuals and social groups
"to create, produce, disseminate, distribute and have access to their own
cultural expressions, paying due attention to the special circumstances and
needs of women as well as various social groups, including persons belonging
to minorities and indigenous peoples", and "to recognize the important
contribution of artists, others involved in the creative process, cultural communities,
and organizations that support their work, and their central role in nurturing
the diversity of cultural expressions."
It should be stressed that international promotion and cooperation,
especially in the case of developing countries, is at the heart of the Convention
(Articles 12 to 19). To this effect, the creation of an International Fund for
Cultural Diversity, has been provided for (Article 18). Resources for this Fund
will come from voluntary contributions from Parties, funds allocated by UNESCO's
General Conference, diverse contributions, gifts or bequests, interest due on
resources of the Fund, funds raised through collections and receipts from events
organized for the benefit of the Fund, or any other resources authorized by
the Fund's regulations.
The concern to ensure coherence between the Convention and
other existing international instruments guided States to include a clause (Article
20) aimed at ensuring a relationship of "mutual supportiveness, complementarity
and non-subordination" between these instruments. At the same time, "nothing
in the present Convention shall be interpreted as modifying rights and obligations
of the Parties under any other treaties to which they are parties."
The Convention establishes a series of follow-up mechanisms
aimed at ensuring efficient implementation of the new instrument. Among these,
a non binding mechanism for the settlement of disputes allows, within a strictly
cultural perspective, possible divergences of views on the interpretation or
application of certain rules or principles relatives to the Convention (Article
25) to be dealt with. This mechanism encourages, first and foremost, negotiation,
then recourse to good offices or mediation. If no settlement is achieved, a
Party may have recourse to conciliation. The Convention does not include any
mechanism for sanctions.
Finally, it should be recalled that UNESCO's Constitution provides
a mandate to both respect the "fruitful diversity of (…) cultures"
and to "promote the free flow of ideas by word and image", principles
that are reaffirmed in the Preamble to the Convention. The Organization, which
celebrates its 60th anniversary next month, has spared no effort to fulfill
this double mission. With this Convention, it completes its normative action
aimed at defending cultural diversity in all of its manifestations, and most
especially the two pillars of culture: heritage*** and contemporary creativity.
*http://unesdoc.unesco.org/
**http://portal.unesco.org/culture/en/
*** Convention on the Means of Prohibiting and Preventing the Illicit Import,
Export and Transfer of Cultural Property – 1970; Convention concerning
the Protection of the World Cultural and Natural Heritage – 1972; Convention
for the Safeguarding of the Intangible Cultural Heritage - 2003
Source: UNESCO |
