[Workshop]

UNESCO’s Legally-binding Instruments on

Culture

1972 Convention Concerning the Protection of the World Cultural and

Natural Heritage

Designed to ensure the identification, protection, conservation, presentation and

transmission of cultural and natural heritage to future generations, this Convention

recognizes the way in which people interact with nature, and the fundamental need to preserve the balance between the two.

2003 Convention for the Safeguarding of the Intangible Cultural Heritage

Safeguards the practices, representations, expressions, knowledge and skills that

communities, groups and, in some cases, individuals recognize as part of their cultural

heritage.

Such heritage may be manifested in domains such as oral traditions and expressions, performing arts, social practices, rituals,

festive events, knowledge and practice about nature and the universe, and traditional

craftsmanship.

2005 Convention on the Protection and Promotion of the Diversity of Cultural

Expressions

A legally-binding international agreement that ensures artists, cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a diversity of cultural goods, services and

activities, including their own.

The Conventions at a Glance

1972 2003 2005

Links… Natural and cultural heritage

Intangible cultural heritage and cultural diversity

Economic and cultural dimensions of cultural goods, services and activities

Link to Development

Conservation policies as a means of development

Cultural heritage as a mainspring of cultural diversity, an important vector for sustainable development

Cultural policies to strengthen cultural industries, create jobs, generate income, alleviate poverty

Major Stakeholders

Local, regional and national government authorities

Communities and individuals maintaining living intangible heritage

Public, private and civil society stakeholders in culture, artists, professionals working in the cultural industries

Example of Implementation

The Tombs of Buganda Kings at Kasubi (Uganda) are reconstructed

The Saké mon collective fishing rite in Ségou, Mali continues to be practiced for generations

Caribbean musicians receive greater access to the EU market to distribute their music CDs and perform live.

Towards a Binding Instrument Addressing

Diversity

Evolution of the Concept of Cultural Diversity at UNESCO

Post World War II: cultural pluralism focusing on inter-national differences

Cold War context: cultural diversity as identity

1980-1990s: cultural diversity recognised as a key component of development

2000s: cultural diversity originates not only from the cultural identities of individuals, groups and societies but also results from their creativity that is transmitted through a variety of cultural expressions, diverse modes of artistic creation

Milestones

1995: UNESCO World Commission Report on Culture and Development Our Creative Diversity

Argued that diversity is not just tied to individual or group differences but can be a source of creativity. Support for new arts forms and expressions is seen as an investment in human development.

1998: Intergovernmental Conference on Cultural Policies for Development, The Power of Culture, held in Stockholm

Stockholm Action Plan calls upon governments to promote diversity and the idea that cultural goods and services should be fully recognized and treated as being not like other forms of merchandise.

2001: Universal Declaration on Cultural Diversity Called for the defence of cultural diversity as an ethical imperative, inseparable from respect for human dignity, and as a capacity for expression, creation and innovation.

2001 – 2005: Work on International Legally-binding Instrument to Advance

Global Commitment to Diversity

The international community signalled the urgency for the adoption of an international law recognising:

The distinctive nature of cultural goods, services and activities as vehicles of identity, values and meaning

That while cultural goods, services and activities have important economic value, they are not mere commodities or consumer goods that can be regarded as objects of trade

The 2005 Convention Adopted

Adopted 20 October 2005

Enters into force 18 March 2007The speed at which this Convention was adopted is considered an extraordinary achievement and signals the urgency and commitment for action from governments around the world

As of June 2010, 112 Parties

Beginning of the implementation phase

Road map for implementation is nearing completionOver 170 project proposals were submitted to the International Fund for Cultural Diversity and are now under review

The 2005 Convention

What

A legally-binding international agreement that ensures artists,

cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a

diversity of cultural goods, services and activities, including their own.

What do We Mean by…

Cultural diversity: the many ways in which the cultures of groups and societies find expression

Cultural expressions: result from the creativity of individuals, groups and societies and have cultural content. Cultural expressions are conveyed through cultural goods, services or activities (e.g. CDs, books, films, theatre and dance performances) irrespective of the commercial value they may have

Cultural content: refers to the symbolic meaning, artistic dimension and values that originate from or express cultural identities

Cultural industries: produce and distribute cultural goods or services

Cultural policies: whether at the national, regional or local level, policies that have an effect on the creation, production, dissemination, distribution of and access to cultural goods, services and activities

Providing a New International Framework for the Governance of

Culture, the Convention…

Encourages the introduction of cultural policies and measures that nurture creativity

Recognises and optimises the overall contribution of the cultural industries to economic and social development

Integrates culture into sustainable development strategies

Promotes international cooperation

How

Integrate culture at all

levels of development

policies

Create & implementcultural policies Create

environment for production

cycle to function

Collaborateinter-

nationally

Share information

Collaborate acrosssectors

Strengthen Cultural Industries

Who

Public sector: national, regional and local governments and public authorities

Civil society: non-governmental organisations, foundations, associations

Private sector: cultural SMEs, established enterprises, banks, etc.

Artists and cultural professionals

Where

EverywhereEverywhere

Ratification

Why Ratify the Convention?

Strengthen the presence and contribution of your cultural professionals and industries in your national and the international marketplace

Allow your citizens to participate in and consume a diversity of cultural products, services and activities

Reaffirm your right to maintain, adopt and implement policies and measures that you deem appropriate for the protection and promotion of your cultural industries on your territory

Create jobs, generate income and alleviate poverty by developing your cultural industries

Parties to the Convention by Electoral Groups June 2010

Group IVAsia Pacific

10%

Group IIILatin America /

Caribbean19%

Group IIEast Europe,

Russia, Caucasus20%

Group IWest Europe, North America

20%Group Va

Africa24%

Group VbArab States

7%

Ratification Strategy

What is it? An action plan to raise awareness of the 2005 Convention and increase its number of ratifications

The goal: Achieve 15 new ratifications by the end of 2011 and 35-40 additional ratifications by the end of 2013

Actions: organise awareness raising activities; share experiences; develop new information tools and enrich their content by including examples; translate and widely distribute Convention information kits and other communication tools

Implementation

Operational Guidelines…

…serve as a road map for the implementation of the Convention

…outline roles and responsibilities of the Convention’s diverse stakeholders

…can be revised as often as necessary to reflect new concepts, knowledge or experiences

Ways to Implement the 2005 Convention

Parties to introduce policies and measures that facilitate:Institutional, regulatory and financial incentives for the production and distribution of cultural goods, services and activitiesOpportunities for artists to create, particularly for women, minorities and indigenous peoplesMobility of artists, of cultural activities, goods and servicesDiversity of content in the media

Stakeholder engagement, capacity-building & outreach through:Civil society participation in the design and implementation of cultural policiesEnhancing business skills of cultural industries professionalsPartnerships between private, public and civil society actors to strengthen local cultural industries

Example of implementation

Ensure that individuals and groups (minorities, indigenous populations, etc.) have access to and can participate in the

cultural production cycle.

Creation

Production

Dissemination

Consumption

Exhibition/Reception/

Transmission

Banks facilitate access to financeto manufacture products

Citizens participate in and consume diverse cultural products,

services and activities

Artists create cultural products and services

Government authorities implementcultural policies that facilitate distribution

of cultural products and services

Civil society organisations provide exhibition and convening space, and sensitize

general public to the importance of cultural industries

PartiesIncorporate culture in sustainable development strategies

Introduce cultural policies to strengthen the value chain

Engage a diversity of stakeholders in the design and implementation of policies and programmes

Support diversity of content in the media

Provide support to artists and facilitate the mobility of artists from the developing world

Grant preferential treatment to developing countries and facilitate access of their cultural goods and services to the global marketplace

Ensure information sharing and transparency

Educate the public

Artists and Cultural Professionals

Identify your main challenges and needs that can be addressed through the implementation of the Convention

Engage in a fruitful dialogue with public institutions and policymakers about these challenges and needs

Participate in the development and implementation of a road map

Interpret the Convention and participate in the design of campaigns to raise awareness among citizens of the benefits of diversity in their everyday lives

Civil Society

Bring new ideas & approaches to cultural policy development

Contribute to greater transparency and accountability in decision-making processes

Collect, evaluate and share data & information

Provide input to Parties’ periodical reports

Support opportunities for artists to create

Raise awareness

Private Sector

Banks & lending institutionsFacilitate cultural SMEs’ access to low-interest loansGuarantee funds, offer microcreditProvide technical assistance

Cultural SMEsEngage in cross-sector partnerships and build networksAccess assistance and cultural exchanges

Established cultural enterprisesContribute to the International Fund for Cultural DiversityHelp enhance business skills of cultural industries professionals

What Now?

Have you…

Reached out to national decision-makers about ratifying the Convention (if it isn’t already ratified in your country)?

Organized workshops with relevant civil society organizations to inform them about the Convention?

Encouraged public, private civil society actors to collaborate on projects and programmes that strengthen local cultural industries?

Started collecting and disseminating data, statistics, information and best practices on cultural industry developments?

Been sharing information about the Convention with the public at large and integrating it into your daily programming activities?

What you can do now

Coordinate with culture sector professionals in your office and send

an email to XXX@unesco.org to schedule a time to discuss your cultural industries development

strategy and the integration of the Convention

Question & Answer