Abstract
Cultural expression is at the core of today’s global concerns. The UNESCO Convention as a legal instrument addresses primary concerns to protect and promote all forms of cultural expression at the level of individual signatory States (and regional economic integration organizations acceding to the CCD in accordance with Art. 27 para. 3) by advocating new diversity policies and strategies. One of the Convention’s important contributions is the potential provided by Article 12, which is devoted to “International Cooperation”.
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Notes
- 1.
See comment on Article 27 by Anja Eikermann/Johannes Jürging.
- 2.
See also the comment on Article 13 by David Throsby, the comment on Article 14 by Edna dos Santos-Duisenberg, the comment on Article 15 by Jens Kåre Rasmussen/Laura Gómez Bustos, the comment on Article 16 by Xavier Troussard/Valérie Panis-Cendrowicz/Julien Guerrier, the comment on Article 17 by Lilian Richieri Hanania/Hélène Ruiz Fabri and the comment on Article 18 by Roland Bernecker.
- 3.
Note on the use of the EC/EU terminology: The European Community (EC) became a Party to the CCD in December 2006. Since the Lisbon Treaty entered into force on 1 December 2009, the EC no longer exists as a legal entity. As of 1 December 2009, the EU gained legal personality and has become the legal successor of the EC. Hence the use of “EC” and “EU” in relation to the CCD process. For further details, see comment on Article 27 (para. 3) by Anja Eikermann/Johannes Jürging.
- 4.
Given the strategic acquis of the Council of Europe in this field, some detail is provided in the following: The Organization’s work on cultural diversity is actually realized across all sectors of the Organization, from the European Court of Human Rights to the Human Rights Directorate through its media and languages sections, or the Directorate General IV concerned with standards, policies and good practices in the areas of education, culture and heritage, youth and sport.
Based on a Committee of Ministers Declaration on Cultural Diversity in 2000 (Council of Europe (2000). Declaration of the Committee of Ministers on cultural diversity (Adopted by the Committee of Ministers on 7 December 2000 at the 733rd meeting of the Ministers’ Deputies). CoE Doc. CDMM (2000) 44 of 2000. http://www.ebu.ch/CMSimages/en/leg_t_gats_coe_decl_cultural_diversity_071200_tcm6-4311.pdf), the Council’s Culture Directorate ran a transversal study on diversity involving countries from East, West and Central Europe, which led to the concept and notion of transcultural diversity. (Bennett, T. (2001). Differing diversities—Cultural policy and cultural diversity. Strasbourg: CoE Publishing; and Robins, K. (2006). The challenge of transcultural diversity. Strasbourg: CoE Publishing). While such a concept is specifically relevant for analysis at the national level, and captures the decreasing importance of nation States, describing the phenomena of mobility, the Organization also compared how such transculturalism phenomena reflect at the individual level—and consequently issued a manifesto on multiple affiliations (cf. Council of Europe (2008). European manifesto for multiple cultural affiliation. http://www.coe.int/t/dg4/cultureheritage/heritage/identities/Manifeste_europeen_pour_appartenance_culturelle_EN.pdf) and a study (Stradling, R., & Rowe, C. (Eds) (2007). Draft handbook on values for life in a democracy. http://www.coe.int/t/dg4/cultureheritage/heritage/Identities/PLB_E.pdf).
Multiple legal instruments are available to contribute to safeguarding cultural diversity based on the Organization’s core values of human rights, democracy and the rule of law, from the European Charter for Regional and Minority Languages (1992) (ECRML), the Framework Convention for the Protection of National Minorities (1995) (FCPNM) as well as monitoring bodies such as the European Commission against Racism and Intolerance (1993) (ECRI) and the work of the Commissioner for Human Rights. Monitoring mechanisms also include the protection of the cultural heritage according to various Conventions and can be followed through the Compendium and HEREIN online information systems (http://european-heritage.coe.int/sdx/herein/). As a matter of fact, the value of new technologies and electronic information systems cannot be underestimated when it comes to the monitoring of the CCD at world level. In addition to the European Compendium, similar information systems could be set up in other world regions and linked, possibly applying an agreed-upon structure, whilst allowing the flexibility to address regional specifics, as necessary. See also further information provided under Sect. 4 of this comment.
- 5.
UNESCO Doc. CLT/CPD/2004/CONF-201/2 of July 2004.
- 6.
For further details, see the report of this meeting, UNESCO Doc. CLT/CPD/2003-608/01 of 20 February 2004.
- 7.
See the report of this meeting, UNESCO Doc. CLT/CPD/2004/603/5 of 23 June 2004.
- 8.
UNESCO Doc. CLT/CPD/2005/CONF.203/6 of 3 March 2005, pp. 8, 9 et seq.
- 9.
UNESCO Doc. CLT/CPD/2004/CONF-201/2 of July 2004.
- 10.
Cf. UNESCO Doc. CLT/CPD/2005/CONF.203/6 of 3 March 2005. Appendix 1, pp. 29 et seq.
- 11.
UNESCO Doc. CLT/CPD/2005/CONF.203/6 of 3 March 2005, pp. 9 et seq.
- 12.
UNESCO Doc. CLT/CPD/2005/CONF.203/6 of 3 March 2005, p. 10.
- 13.
UNESCO Doc. CLT/CPD/2005/CONF.203/6 of 3 March 2005. Appendix 2; later published separately as UNESCO Doc. CLT/CPD/2005/CONF.203/6—Add. of 29 April 2005.
- 14.
UNESCO Doc. 33C/23 of 4 August 2005, p. 14.
- 15.
UNESCO (2005). Oral report of the Rapporteur, Mr Artur Wilczynski at the closing of the third session of the Intergovernmental Meeting of Experts on the Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions. http://www.unesco.org/culture/culturaldiversity/docs_pre_2007/oral_report_wilczynski_en_03062005.pdf, p. 6.
- 16.
UNESCO (2005). Oral report of the Rapporteur, Mr Artur Wilczynski at the closing of the third session of the Intergovernmental Meeting of Experts on the Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions. http://www.unesco.org/culture/culturaldiversity/docs_pre_2007/oral_report_wilczynski_en_03062005.pdf, p. 6.
- 17.
See comment on Article 8 by Lilian Richieri Hanania/Hélène Ruiz Fabri.
- 18.
See comment on Article 17 by Lilian Richieri Hanania/Hélène Ruiz Fabri.
- 19.
See also, comment on Article 19 by Christine M. Merkel.
- 20.
Council of the European Union (2008). Council conclusions on the promotion of cultural diversity and intercultural dialogue in the external relations of the Union and its Member States. http://ec.europa.eu/culture/our-policy-development/doc/ICD_external_relations_en.doc.pdf.
- 21.
Note: While the Council of Europe is not, itself, a Party to the Convention, many of its Member States are. Due to this situation of congruency, there is at least an indirect connection between the Council and the CCD. This makes the Council of Europe a fit partner when it comes to the implementation of the Convention.
- 22.
For an overview over the cultural policy review programme, see http://www.coe.int/t/dg4/cultureheritage/culture/reviews/default_en.asp.
- 23.
- 24.
E.g., a first conference on cultural policies in the Arab region has taken place in Beirut in June 2010, see http://www.mawred.org/en/services/cultural-policies/157-conference.
- 25.
- 26.
For further details, see comment on Article 9 by Christine M. Merkel.
- 27.
See also, Burri-Nenova, M. (2009). The protection and promotion of cultural diversity at international level. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1370440##, pp. 7 et seq.
- 28.
- 29.
- 30.
- 31.
Council of Europe (2009). Recommendation CM/Rec(2009)7 of the Committee of Ministers to member states on national film policies and the diversity of cultural expressions (Adopted by the Committee of Ministers on 23 September 2009 at the 1066th meeting of the Ministers’ Deputies). CoE Doc. CM/Rec(2009)7 of 23 September 2009. https://wcd.coe.int/ViewDoc.jsp?Ref=CM/Rec%282009%297&Language=lanEnglish&Ver=original&Site=CM& BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383.
References
Bennett, T. (2001). Differing diversities – Cultural policy and cultural diversity. Strasbourg: CoE Publishing.
Burri-Nenova, M. (2009). The protection and promotion of cultural diversity at international level. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1370440##.
Robins, K. (2006). The challenge of transcultural diversity. Strasbourg: CoE Publishing.
Stradling, R., & Rowe, C. (Eds.) (2007). Draft handbook on values for life in a democracy. http://www.coe.int/t/dg4/cultureheritage/heritage/Identities/PLB_E.pdf.
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Palmer, R., Merkle, K. (2012). Article 12: Promotion of International Cooperation. In: von Schorlemer, S., Stoll, PT. (eds) The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-25995-1_14
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