Putting Cultural Diversity into Practice: Some Innovative Tools Training for Asia Pacific Field Personnel Bangkok, Thailand, 15-19 December 2004 The Universal Declaration on Cultural Diversity: how to use it, promote it, and enforce its principles The draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expression: synergies, complementarities, differences with the Declaration Speaker: Ms. Susanne Schnuttgen, UNESCO Cultural Pluralism and Dialogue Section

Four points: The UNESCO Universal Declaration on Cultural Diversity Principles / Roles of policies and actors Why and what kind of a normative instrument to protect and promote cultural diversity? Relating the preliminary draft convention to the Declaration Principle objectives /synergies complementarities differences How to use, promote and reinforce the principles of the UNESCO Universal Declaration on Cultural Diversity beyond the new Convention?

The UNESCO Universal Declaration on Cultural Diversity Adopted in 2001 in the wake of the terrorist attack of 11 September Reaffirms that intercultural dialogue is the best guarantee for peace; rejects the theory of the inevitable clash of cultures and civilizations Provides a framework for the renewal of constructive dialogues between cultures and civilization

Principles Recognizes cultural diversity, not as a mere fact, but as a source of exchange, innovation and creativity Acknowledges cultural diversity as the “common heritage of humanity”, the defense of which is an ethical imperative, inseparable from respect for basic human rights Reaffirms “plurality” as a reservoir necessary for freedom and that cultural pluralism should constitute a political response to the fact of cultural diversity

The declaration identifies essential guarantees of cultural diversity as inseparable from democratic frameworks: Freedom of expression Media pluralism Multilingualism Equality of access of all cultures to artistic expression, scientific and technological knowledge and the possibility to be present in the means of expression and dissemination

Roles of policies and actors Policies to be the driving force in cultural diversity, fostering the production and dissemination and ensure diversified cultural goods and services The creation of state and societal mechanisms to promote harmonious interaction between cultures, thus channeling cultural diversity towards constructive pluralism

Important roles for the state and civil society: Promoting equality and inclusiveness, not uniformity Recognizing the sense of belonging Fostering empowerment Allowing individuals to enjoy the security of individual and plural identities within an accepted social and democratic framework

II. Why and what kind of a normative instrument to protect and promote cultural diversity? An ethical framework is not enough; there is a need to reinforce standard-setting action in relation to cultural diversity In 2003 the Executive Board mandated UNESCO to elaborate a binding normative instrument on cultural diversity

Four options were proposed: A new comprehensive framework instrument on cultural rights An instrument on the status of the artists A new Protocol to the Florence Agreement An instrument on the protection of the diversity of cultural contents and artistic expressions

The option on the protection of the diversity of cultural contents and artistic expression received the strongest support: Cultural expressions reflected in cultural industries was considered a major aspects of the world’s cultural diversity Domain particularly vulnerable in the face of market forces that treat cultural products as mere commodities The new instrument was to promote cultural industries from the point of view of the defense of cultural diversity

Such an instrument would also be a tool to promote creativity, creation and dynamic interaction between diverse cultural expressions The UNESCO General Conference mandated the Director-General of UNESCO to prepare a preliminary draft convention on the Protection and the Promotion of the Diversity of Cultural Contents and Artistic Expressions by October 2005.

Principle objectives (as stated in first preliminary draft): III. Relating the preliminary draft convention to the Universal Declaration Principle objectives (as stated in first preliminary draft): To allow all countries to find appropriate ways and means to protect and promote the diversity of cultural contents and artistic expressions within and outside their borders in order While respecting the right to State sovereignty the State will choose the appropriate ways and means; several rights and obligations that they should respect are enlisted in the preliminary draft

To promote recognition of the specific nature of cultural goods and services, since they are vectors of identity, values and meaning and must not be treated as mere commodities or consumer goods To create a space for international cooperation to promote the diversity of cultural contents and artistic expressions The objectives intend to enable all countries, in particular developing countries, to participate in a more balanced form of globalization

and to benefit from the diversity of their cultural expressions in order to ensure long-term development Cultural diversity is regarded as the mainspring of sustainable development and States must activate it by adopting appropriate measures The drafters of the preliminary text of the Convention consider that diversity of cultural expressions implies freedom of expression – it is guarantor of free creation and diffusion - enabling all peoples to benefit from the richness of the world’s cultures

Since the preparation of the preliminary draft 61 member states the EU (25 member states and two ascension countries) submitted comments, which are presently discussed at the meeting of the drafting group in charge of preparing a revised version on the basis of the comments

The comments: Reinforce certain points, i.e. Respect for human rights Recognizing the role of public policies Respecting state sovereignty

Call for revisiting other points, i.e. Mandate given to the Director-General of UNESCO Reinforcing certain rights and obligations Further elaboration of the “development” dimension and “international solidarity” The respect of free cultural exchange and the free flow of ideas by word and image Articulation between this Convention and other binding instruments (in particular trade agreements and intellectual property rights) Elaboration of implementation and monitoring structures and mechanisms

Synergies, complementarities and differences between the Convention and the Declaration Both instruments follow the same logic of calling for the protection and promotion of cultural diversity in the framework of respecting human rights, fundamental freedoms and equal dignity of all cultures and in an effort to foster social cohesion, dialogue and development The preliminary draft convention is based on the political and philosophical principles of the Declaration i.e. see explicitly in the preamble

Two aspects make them different: The convention, once adopted and ratified, will be a legally binding instrument defining the rights and obligations of member states as well as mechanisms for implementation and monitoring and procedures to be applied in the case that the Convention should not be respected. The Declaration, on the other hand, provides a non- binding ethical and political framework.

The preliminary draft convention, which is based on the principles of the Declaration, covers specific thematic areas of the Declaration, which are spelt out in articles 8 and 11: The necessity to recognize cultural goods and services as vectors of identity, values and meaning, which must not be treated as mere commodities or consumer goods (8). The pre-eminence of public policy, in partnership with the private sector and civil society, to guarantee the preservation and promotion of cultural diversity as a key to sustainable development, since market forces alone cannot guarantee this protection and promotion (11).

IV. How to use, promote and reinforce the principle of the UNESCO Universal Declaration on Cultural Diversity beyond the new Convention? See the Main Lines of an Action Plan for the Implementation of the UNESCO Universal Declaration on Cultural Diversity The Convention relates to Action 1 only. Need to recognize the indivisibility of the different actions, notably the following:

2. Advancing definitions of principles, standards and practices, that are most conducive to the safeguarding and promotion of cultural diversity 3. Fostering exchange of knowledge and best practices in regard to cultural pluralism 4. Making further headway in understanding and clarifying the content of cultural rights as an integral part of human rights 5. Safeguarding the linguistic heritage of humanity …

What are you planning to do? Cultural Diversity Programming Lens! 14. Respecting and protecting traditional knowledge … 18. developing cultural policies, designed to promote the principles enshrined in the Declaration … 19. Involving all sectors of civil society closely in framing public policies … 20 Recognizing and encouraging the contribution of the private sector See also the current and upcoming biennial Program and Budget. What are you planning to do? What can we do together? Let us apply the Cultural Diversity Programming Lens!