November 2005

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UNESCO ADOPTS THE CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS

November 2005 - The General Conference of UNESCO, meeting in Paris in October, approved the Convention on the protection and promotion of the diversity of cultural expressions, an international normative instrument that will enter into force three months after its ratification by 30 States. This text reinforces the idea already included in the UNESCO Universal Declaration on Cultural Diversity, unanimously adopted in 2001, that cultural diversity must be considered as a “common heritage of humanity”, and its “defence as an ethical imperative, inseparable from respect for human dignity.”

The Convention seeks to reaffirm the links between culture, development and dialogue and to create an innovative platform for international cultural cooperation; to this end, it reaffirms the sovereign right of States to elaborate cultural policies with a view “to protect and promote the diversity of cultural expressions” and “to create the conditions for cultures to flourish and to freely interact in a mutually beneficial manner” (Article 1).

At the same time, a series of guiding principles (Article 2) guarantees that all measures aimed at protecting and promoting the diversity of cultural expressions do not hinder respect for human rights and fundamental freedoms “such as freedom of expression, information and communication, as well as the ability of individuals to choose (them)…”. The rights and obligations of Parties (Articles 5 to 11) include several measures and policies aimed at protecting and promoting the diversity of cultural expressions, approaching creativity and all it implies in the context of globalization, where diverse expressions are circulated and made accessible to all via cultural goods and services.

It should be stressed that international promotion and cooperation, especially in the case of developing countries, is at the heart of the Convention (Articles 12 to 19). To this effect, the creation of an International Fund for Cultural Diversity, has been provided for (Article 18). Resources for this Fund will come from voluntary contributions from Parties, funds allocated by UNESCO’s General Conference, and diverse contributions.

The Convention establishes a series of follow-up mechanisms aimed at ensuring efficient implementation of the new instrument. Among these, a non binding mechanism for the settlement of disputes allows, within a strictly cultural perspective, possible divergences of views on the interpretation or application of certain rules or principles relatives to the Convention (Article 25) to be dealt with. The Convention does not include any mechanism for sanctions.