Abstract
To understand the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD) and the decision on what was going to be defined in its Article 4, it is necessary to give an overview of the history of the debate on the cultural diversity treaty, as well as explain the concept and different understanding of cultural diversity as such.
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Notes
- 1.
See Williams, R. (1976). Keywords. Glasgow: Fontana.
- 2.
Stenou, K. (2000). UNESCO and the issue of cultural diversity. Review and strategy, 1946–2000. Division of Cultural Policies, UNESCO. http://unesdoc.unesco.org/images/0012/001252/125248Mo.pdf.
- 3.
Obuljen, N. (2006). From Our Creative Diversity to the Convention on Cultural Diversity: introduction to the debate. In N. Obuljen, & J. Smiers (Eds), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: making it work (pp. 17–35). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf, pp. 21–22.
- 4.
Alonso Cano, G. et al. (Eds) (2000). Culture, trade and globalisation: questions and answers. Paris: UNESCO, p. 18.
- 5.
UN (2000). Resolution adopted by the General Assembly: 54/160. Human rights and cultural diversity. UN Doc. A/RES/54/160 of 22 February 2000.
- 6.
UN (2000). Resolution adopted by the General Assembly: 54/160. Human rights and cultural diversity. UN Doc. A/RES/54/160 of 22 February 2000, Preamble, para. 6.
- 7.
UN (2000). Resolution adopted by the General Assembly: 54/160. Human rights and cultural diversity. UN Doc. A/RES/54/160 of 22 February 2000, para. 5.
- 8.
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.
- 9.
UNESCO Doc. CLT-2002/WS/9 of 2002.
- 10.
For a link to the INCD Draft, see Annex of this Commentary.
- 11.
For a link to the INCD Draft, see Annex of this Commentary.
- 12.
International Network on Cultural Policies. www.incp-ripc.org.
- 13.
For a link to the INCP Draft, see Annex of this Commentary.
- 14.
For a link to the INCP Draft, see Annex of this Commentary.
- 15.
For a link to the SAGIT Draft, see Annex of this Commentary.
- 16.
For a link to the SAGIT Draft, see Annex of this Commentary.
- 17.
For a link to the SAGIT Draft, see Annex of this Commentary.
- 18.
SAGIT Draft, p. 9. For a link to this Draft, see Annex of this Commentary.
- 19.
The Action Plan was adopted as an integral part of the UDCD in 2003.
- 20.
UNESCO Doc. 32 C/52 of 18 July 2003.
- 21.
UNESCO Doc. CLT/CPD/2004/CONF.201/5 of July 2004.
- 22.
UNESCO Doc. 166 EX/28 of 12 March 2003.
- 23.
Following the first meeting held in September 2004, another two meetings took place in February and May/June 2005. In December 2004, between the first and the second meeting, a session of the Drafting Committee, elected in September 2004, was held. However, because of the lack of a clear mandate and divergent views of the members of the Drafting Committee, this body did not make much progress and was eventually dismissed during the February meeting.
- 24.
UNESCO Doc. CLT/CPD/2004/CONF-201/2 of July 2004.
- 25.
As defined and adapted on the basis of the 10 categories of the UNESCO Framework for Cultural Statistics, UNESCO Institute for Statistics (UIS): http://www.uis.unesco.org.
- 26.
Certain cultural goods and services in this list are already covered by other UNESCO standard-setting instruments. However, such goods and services may be concerned by this Convention to the extent that spin-off products such as films, CD-ROMS, books, catalogues, etc. are brought into circulation. Among these instruments one may note the Florence Agreement of 1950 and its Nairobi Protocol of 1976, the Universal Copyright Convention of 1952 (UCRC), the Declaration of Principles of International Cultural Cooperation of 1966, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, the Convention for the Protection of the World Cultural and Natural Heritage of 1972, the Recommendation concerning the Status of the Artist of 1980, and the Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989, and other newly adopted conventions such as the Convention on the Protection of the Underwater Cultural Heritage of 2001 (CPUH) and the Convention for the Safeguarding of the Intangible Cultural Heritage of 2003 (CSICH).
- 27.
This non-exhaustive list has been elaborated on the basis of the document Cultural Policy for Development—Evaluation of the Stockholm Action Plan 1998, prepared by Professor Jens Cavallin and Professor Tobias Harding from the University of Linköping (Sweden, 2003).
- 28.
Some of the cultural policies mentioned in the above list may be covered by other UNESCO standard-setting instruments. However, they might also be concerned by the present Convention, in particular to the extent that spin-off products such as films, CD-ROMS, videos, books, catalogues, etc. are brought into circulation. UNESCO normative instruments referred to above comprise the Florence Agreement of 1950 and its Nairobi Protocol of 1976, the UCRC of 1952, the Declaration of the Principles of International Cultural Cooperation of 1966, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, the Convention for the Protection of the World Cultural and Natural Heritage of 1972, the Recommendation concerning the Status of the Artist of 1980, and the Recommendation of Safeguarding Traditional Culture and Folklore of 1989, as well as other conventions recently adopted such as the CPUH of 2001 and the CSICH of 2003.
- 29.
Twenty-four members were designated as members of the Drafting Committee but it was decided that the Committee will be open to Member States which would like to take part as observers. The terms of references of the committee, prepared by the Bureau, were approved unanimously by the meeting.
- 30.
This explanation of the term “cultural expressions” can be found on the official web page of the Convention: “The term ‘Cultural expressions’ refers to the various ways in which the creativity of individuals and social groups takes shape and manifests itself. These manifestations include expressions transmitted by words (literature, tales…), sound (music…), images (photos, films…)—in any format (printed, audiovisual, digital etc.)—or by activities (dance, theatre…) or objects (sculptures, paintings…). Today, the production and dissemination of cultural expressions increasingly conform to an industrial and economic logic. Cultural expressions may thus be said to be transmitted largely through those ‘cultural activities, goods and services’, which that have become the main vehicles of culture. At the same time, they have taken on great economic importance and have become major stakes in international trade. The dual economic and cultural nature of cultural activities, goods and services has been progressively recognized, together with the fact that, as the bearers of identity, values and meaning, they cannot be treated as mere commodities. By focusing on the protection and promotion of the diversity of cultural expressions, the 2005 Convention takes account of the fact that, in an increasingly interconnected world, each individual can have freer and more immediate access to a rich diversity of cultural expressions of domestic or foreign origin, and that this possibility has yet to be fully realized in a world in need of greater solidarity.” (UNESCO (2008). What is meant by cultural expressions? http://portal.unesco.org/culture/en/ev.php-URL_ID=33192&URL_DO=DO_PRINTPAGE&URL_SECTION=201.html.
- 31.
Neil, G. (2006). The Convention as a response to the cultural challenges of economic globalisation. In N. Obuljen, & J. Smiers (Eds), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: making it work (pp. 39–70). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf, p. 53.
- 32.
Wiedemann, V. (2006). Empowering audiovisual services for the future. In N. Obuljen, & J. Smiers (Eds), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: making it work (pp. 89–108). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf, p. 101.
- 33.
See UNESCO (2005). Informal Working Party on the definition of “cultural goods and services” (9–10 February 2005). Report. http://www.unesco.org/culture/culturaldiversity/docs_pre_2007/report_informal_working_party_en_10022005.pdf.
- 34.
Smiers, J. (2003). Arts under pressure. Promoting cultural diversity in the age of globalisation. London: Zed Books.
- 35.
Adorno, T. W., & Horkheimer, M. (Rpr. 2008). Dialectic of enlightenment. New York: Verso.
- 36.
Since Adorno and Horkheimer, the concept of cultural industry and cultural or creative industries was analyzed by numerous sociologists, philosophers and cultural policy researchers, which resulted in the introduction of concepts such as creative cities, creative class and creative ecologies that dominate today’s theoretical and cultural policy discourse. However, for the purpose of this analysis it is not necessary to analyze these concepts in great detail.
- 37.
Neil, G. (2006). The Convention as a response to the cultural challenges of economic globalisation. In N. Obuljen, & J. Smiers (Eds), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: making it work (pp. 39–70). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf, p. 67.
- 38.
Ruiz Fabri, H. (2006). Reflections on possible future legal implications of the Convention. In N. Obuljen, & J. Smiers (Eds), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: making it work (pp. 73–87). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf, p. 76.
- 39.
See for example, Alsina, M. R. (1999). Comunicación intercultural. Barcelona: Anthropos.
References
Adorno, T. W., & Horkheimer, M. (Rpr. 2008). Dialectic of enlightenment. New York: Verso.
Alonso Cano, G., et al. (Eds.). (2000). Culture, trade and globalisation: Questions and answers. Paris: UNESCO.
Alsina, M. R. (1999). Comunicación intercultural. Barcelona: Anthropos.
Neil, G. (2006). The Convention as a response to the cultural challenges of economic globalisation. In. N. Obuljen, & J. Smiers (Eds.), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Making it work (pp. 39–70). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf.
Obuljen, N. (2006). From Our Creative Diversity to the Convention on Cultural Diversity: Introduction to the debate. In N. Obuljen, & J. Smiers (Eds.), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Making it work (pp. 17–35). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf.
Ruiz Fabri, H. (2006). Reflections on possible future legal implications of the Convention. In N. Obuljen, & J. Smiers (Eds.), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Making it work (pp. 73–87). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_ Diversity. pdf.
Smiers, J. (2003). Arts under pressure. Promoting cultural diversity in the age of globalisation. London: Zed Books.
Stenou, K. (2000). UNESCO and the issue of cultural diversity. Review and strategy, 1946–2000. Division of Cultural Policies, UNESCO. http://unesdoc.unesco.org/images/0012/001252/125248Mo.pdf.
Wiedemann, V. (2006). Empowering audiovisual services for the future. In N. Obuljen, & J. Smiers (Eds.), UNESCO’s Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Making it work (pp. 89–108). Zagreb: Institute for International Relations. http://www.culturelink.org/publics/joint/diversity01/Obuljen_Unesco_Diversity.pdf.
Williams, R. (1976). Keywords. Glasgow: Fontana.
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Obuljen, N. (2012). Article 4: Definitions. 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_6
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