Media Updates

UNESCO Convention on Cultural Diversity

Leslie Regan Shade
October 15, 2005

In 2001, Member States of UNECO adopted a “Universal Declaration on Cultural Diversity.” This Declaration emphasized the principles of pluralism, respect for human rights, promotion of creativity, and international solidarity. At that time, the UNESCO General Assembly decided that “the question of cultural diversity as regards the protection of the diversity of cultural contents and artistic expression should be the subject of an international convention.”

In support of this, several meetings were held: in December 2003 and July 2005, the Director-General convened three meetings of independent experts; one meeting of the Drafting Committee; and three intergovernmental meetings.

A draft Convention was released in August 2005. In October 2005 at the General Conference of UNESCO, the Preliminary Report and Preliminary Draft of a Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions (Resolution 32C/34) will be submitted.

If adapted, the Convention would serve as an international legal agreement. It would implement the principle that culture cannot be reduced to a commodity. Pragmatically, it would potentially allow each country to exclude its cultural policies, including 'audiovisual services' from 'free trade' deals like the World Trade Organization (WTO). Services can include a range of items, including media.

Some civil society groups are concerned about the Draft. The International Network on Cultural Diversity (INCD) and the campaign for Communication Rights in the Information Society (CRIS), while calling for broad civil society support for the CCD, are worried that the Convention not be subordinated to the WTO, and that cultural and media diversity must be accounted for within and between countries.

INCD recommends the following:
1. “The status of the Convention must be equivalent to the trade and investment agreements and must prevail where the Parties are considering cultural policies and cultural diversity.

2. The Convention must be an effective tool for countries of the South to develop their creative capacity and cultural industries, consistent with other UNESCO instruments that recognize and promote the integral relationship of culture and development.

3. The Convention must acknowledge the broad scope of policy tools that are used to promote cultural diversity and preserve the right of governments to adapt and adopt new ones in the coming years in response to technological developments and changing circumstances and needs.”

Intellectual property rights are another key concern. Tempering the draft language which supports strong intellectual property rights to include respect and rights of the public domain, fair use, and creative commons has been encouraged. The fear is that the Convention will then only serve the interests of national media companies, rather than community-based and locally-produced media and cultural content.

The American Library Association (ALA) is concerned that the focus on “cultural goods and services” may generate intellectual property. Cultural goods include publications of all kinds, music, visual arts, and audiovisual and other media; in addition to services such as library services. ALA’s concern is to “ensure that the convention does not become yet another trade treaty promoting stricter (and unbalanced) intellectual property laws.”

On October 3, 2005, the Ottawa Roundtable on Cultural Diversity confirmed unequivocal support for the Convention. The Roundtable consisted of Minister of Canadian Heritage and Minister responsible for Status of Women, Liza Frulla; provincial and territorial Ministers responsible for culture, including Line Beauchamp, for Quebec; Madeleine Meilleur, for Ontario; and Eric Robinson, for Manitoba; and representatives of arts and cultural organizations (Canadian Heritage, 2005).

Resources

American Library Association. UNESCO Convention on Cultural Diversity. URL: http://www.ala.org/ala/washoff/WOissues/copyrightb/intlcopyright/unesco.htm

Canadian Heritage. (October 3, 2005). Ottawa Roundtable on Cultural Diversity Confirms Unequivocal Support of Civil Society. News Release. URL: http://www.pch.gc.ca/newsroom/news_e.cfm?Action=Display&code=5N0244E

CRIS. CRIS/Media Trade update on UNESCO Draft Convention on Cultural Diversity. http://www.crisinfo.org/content/view/full/691

International Network for Cultural Diversity. Comments on the Draft Declaration, 2004. http://www.incd.net/

Media Trade Monitor. UNESCO Convention on Cultural Diversity Key Government Documents. URL: http://www.mediatrademonitor.org/node/view/159

UNESCO. Towards a Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions.
http://portal.unesco.org/culture/en/ev.php-URL_ID=11281&URL_DO=DO_TOPIC&URL_SECTION=201.html

UNESCO. Preliminary Report by the Director-General accompanied by the Preliminary Draft of a Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions (33C/23, August 2005). URL: http://portal.unesco.org/culture/en/ev.php-URL_ID=28182&URL_DO=DO_TOPIC&URL_SECTION=201.html