2005 convention on the protection and promotion of the diversity of cultural expressions dr. tim...
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2005 CONVENTION ON THE PROTECTION AND PROMOTION OF
THE DIVERSITY OF CULTURAL EXPRESSIONS
Dr. Tim CurtisChief of Culture UnitUNESCO Bangkok
.. preserving the fruitful diversity of the cultures … of the States Members of the Organization
… advancing the mutual knowledge and understanding of peoples, through all means of mass
communication … to promote the free flow of ideas by word and image;
UNESCO Constitution (1945)Preambule & Art. 1
CULTURAL DIVERSITY: A MANDATE OF UNESCO SINCE INCEPTION
Photo courtesy: PETA Mekong
Morally binding
Harmonious coexistence
between groups from
diverse cultures
Enhance creativity
Legally binding
Focus on diversity of
cultural expressions
available through cultural
activities, goods and services
2001 Universal Declaration on Cultural Diversity 2005 Convention on the Protection and Promotion of
the Diversity of Cultural Expressions
FROM CULTURAL DIVERSITY TO THE DIVERSITY OF CULTURAL EXPRESSIONS
• Treaty, agreement in international law
• Developed by experts
• Signed by governments
• Legally-binding
• Guides policies, strategies, priorities of the governments which have ratified it
WHAT IS A CONVENTION?
2005Convention on the Protection
and Promotion of the Diversity
of Cultural Expressions
2003Convention for the Safeguarding of the Intangible Cultural Heritage
2001Convention on the Protection
of the Underwater Cultural
Heritage
1972Convention concerning the Protection of the World Cultural and Natural Heritage
1970Convention on the Means of
Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property
1954Convention for the Protection of Cultural Property in the Event of Armed Conflict 6
UNESCO
CULTURAL
CONVENTIONS
* Formerly there were 7 Conventions, which included Universal Copyright Convention (1952, revised in 1971)
MUSIC PIECESSCULPTURESBOOKSPAINTINGSTHEATRICAL PERFORMANCESLIBRARY SERVICESFILMSMUSEUM SERVICESLIVE CONCERTSPHOTOGRAPHYFESTIVALSCONTEMPORARY DANCE
CCIsCULTURAL EXPRESSIONS / CREATIVE GOODS
WHY
“While creating jobs, the creative economy contributes to the overall well-being of communities, individual self-esteem and quality of life, thus achieving inclusive and sustainable development.”
Irina BokovaDirector-General of UNESCO
CULTURAL AND CREATIVE INDUSTRIES?
Sources:
Business and Industrial Survey (2012)
Labour Force Survey (2013)
WIPO Studies on the Economic Contribution of the Copyright Industries (2010)
OVER 1.6 MILLIONPEOPLE FORMALLY WORK IN THE CULTURAL AND
CREATIVE INDUSTRIES IN THAILAND
10.33% OF VALUE ADDED TO GDP US$ 36.4 BILLION
(2010)
• CCIs are not merely economic goods and services, but also vehicles of cultural identities.
• UNESCO Member States called for a Convention to acknowledge this cultural value The 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions
© desarrollo-cultura
2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005)
Ratification in Asia and the Pacific
13 COUNTRIES:AFGHANISTANAUSTRALIABANGLADESHCAMBODIACHINAINDIA
INDONESIA
LAO DPRMONGOLIANEW ZEALANDREPUBLIC OF KOREATAJIKISTANVIET NAM
As of August 2013 -
133 States Parties have ratified
Asia-Pacific: 13 PartiesASEAN region: 4 Parties
Entered into force - 18 March 2007
Adopted - 20 October 2005
DIVERSITY OF CULTURAL EXPRESSIONS
STRUCTURE OF THE CONVENTION 33 articles Preambule
Objectives and Guiding Principles
Scope of Application
Definitions
Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
Photo © Khao Niew
STRUCTURE OF THE CONVENTION
Preambule
Objectives and Guiding Principles
Scope of Application
Definitions
Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
Conditions for culture to flourish
Dialogue and exchanges
Interculturality
Respect
Link between culture and development
Cultural goods and services = vehicles of identity, values and meaning
Rights of States to implement policies and measures
International cooperation and solidarity
STRUCTURE OF THE CONVENTION
Preambule
Objectives and Guiding Principles
Scope of Application
Definitions
Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
This Convention shall apply to the policies and measures adopted by the Parties related to the protection and promotion of the diversity of cultural expressions
© David Feingold, Ophidian Research Institute
STRUCTURE OF THE CONVENTION
Preambule
Objectives and Guiding Principles
Scope of Application
Definitions Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
Cultural Diversity
Cultural content
Cultural expressions
Cultural activities, goods and services
Cultural industries
Cultural policies and measures
Protection
Interculturality
STRUCTURE OF THE CONVENTION
Preambule
Objectives and Guiding Principles
Scope of Application
Definitions
Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
5. General rules
6. Rights of Parties
7. Measures to promote cultural expressions
8. Measures to protect cultural expressions
9. Information-sharing and transparency
10. Education and public awareness
11. Participation of civil society
12. Promotion of international cooperation
STRUCTURE OF THE CONVENTION
Preambule
Objectives and Guiding Principles
Scope of Application
Definitions
Rights and Obligations of Parties
Relationship to Other Instruments
Organs of the Convention
Final Clauses
13. Integration of culture in sustainable development
14. Cooperation for development
15. Collaborative arrangements
16. Preferential treatment for developing countries
17. International cooperation in situation of serious threat to cultural expressions
18. International Fund for Cultural Diversity
19. Exchange, analysis and dissemination of information
“OPERATIONAL GUIDELINES”: WHAT ARE THEY?
Set principles for countries to put in place policies, measures and activities that meet the needs of their stakeholders
Define common foundations for action to facilitate international cooperation
Therefore, to be considered as a roadmap for implementation rather than a recipe for action
OPERATIONAL GUIDELINESAVAILABLE FOR THE FOLLOWING ARTICLES AND TOPICS
Measures to promote and protect cultural expressions (7, 8, 17)
Information sharing & transparency (9)
Education and public awareness (10)
Role & participation of civil society (11)
Promotion of international cooperation
Integration of culture in sustainable development (13)
Cooperation for development (14)
Modalities for partnerships (15)
Preferential treatment for developing countries (16)
Guidelines on the International Fund for Cultural Diversity (18)
Exchange, analysis and dissemination of information (19)
Measures to ensure the visibility and the promotion of the Convention
BENEFITS1. Affirm a sovereign right to develop and implement
cultural policies and measures2. Align with the global movement supporting culture for
development and the role of culture in combatting poverty and generating social inclusion
3. Confirm commitment promote democracy, basic human rights (freedom of expressions and association), justice, equity, equal opportunity
4. Play a decisive role in statutory meetings of the Convention to influence the course of the future direction of the Convention
5. Enable public institutions and civil society organisations to access funding through the International Fund for Cultural Diversity
6. Receive expert assistance in the development of policies and strategies to promote the diversity of cultural expressions
KEY MESSAGESAll citizens, especially artists, cultural professionals & creative practitioners can create, produce, disseminate & enjoy a broad range of cultural goods, services and activities, including their own.
KEY MESSAGES
Cultural goods, services and activities have economic value and possess distinct identity, values and meaning
catalyst for sustainable socio-economic development.
KEY MESSAGES
There is a need for an international law to recognise that cultural goods, services and activities contribute to social development and have economic value.
KEY MESSAGES
International cooperation and preferential treatment must be encouraged to facilitate the mobility of artists as well as the flow of cultural goods and services in helping developing countries
IMPLEMENTINGTHE 2005 CONVENTION
Photo courtesy: Pichet Klunchun & Jérôme Bel in About Khon
Cultural policies to create enabling
Photo courtesy: China Disabled People’s Performing Art Troupe
Main references: Rights of Parties at the National Level (art. 6) Measures to promote cultural expressions (art. 7)
Education and public awareness (art. 10)
Legal Fiscal
Political Cultural
Informational
environments
ImplementationTheme 1
Creation
Production
Dissemination
ExhibitionTransmissi
on
Consumption
Participation
IMPORTANCE OF POLICY IN CCIs Main Objective of Policy is to promote a conducive environment for the 5 stages of Cultural Cycle
Creation
Production
Consumption
Participation
Creation / Creative processes • Education system fostering creativity• Providing loans with lower interest for
artists (e.g. Malaysia Creativity Loan (2010-12) Production:
• Ensure proper contractual rights for artists and their access to tools of production• Low taxes on equipment
• Provide availability of public venues for performances and rehearsals• Hub City of Asian
Cultures, Gwangju, Korea
Photo courtesy: PETA Mekong
Main references: Promotion of international cooperation (art. 12) Cooperation for development (art. 14) Preferential treatment for developing countries (art. 16)
International
Cooperation for Development
ImplementationTheme 2
Dialogue on
cultural policy Exchang
es and best
practicesto
enhance capacitie
s
Technology
transferPartnersh
ip, co-production & co-
distribution
agreements
Facilitate artists
mobility
Market-develop
ment strategies (local, export)
Financial support
and incentive
s
COOPERATIONAT THE NATIONAL BILATERAL, REGIONAL & INTERNATIONAL LEVELS
Photo courtesy: PETA Mekong
Main references: Education and Public Awareness (art. 10) Operational guidelines on measures to ensure the visibility and promotion of the Convention
Information-sharing &Awareness
raising
ImplementationTheme 3
Inter-institutional dialogue ( ministries, universities,research institutes, private sector)
Encourage networks of cultural journalists
Media campaigns
Develop / make communicationstools available
Organize seminars, workshops, public
forum, exhibitions, festivals
Encourage local broadcasting
networks to promote expressions & events
Encourage promotion of cultural expressions
through school activities
Link with young cultural professionals
Participate in promotional events between countries
Private sector
Parties
Parlementarians
Citizens
Artists, cultural entrepreneurs
Civil Society PartnershipsComplement
arity
All STAKEHOLDERS have a role to play in the
visibility and promotion of the 2005 Convention
non-governmental & non-profit organizations,
professional in the culture and associated sectors, groups that support the
work of artists and cultural communities
CONCLUSION New convention Potential for bringing together many sectors
(arts and culture, business and trade, industry, health, education, etc.)
Many initiatives already in the spirit of the convention
Prominent role of civil societies
WE ARE ALL “AT THE HEART OF IT”
www.unescobkk.org/cultureTHANK
YOU