Convention On The Protection and Promotion of The Diversity of Cultural Expressions - Background

Background

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a precursor for seven UNESCO conventions which deal with the four core areas of creative diversity; cultural and natural heritage, movable cultural property, intangible cultural heritage and contemporary creativity. These seven UNESCO conventions include the Universal Copyright Convention (1952, followed by a revision in 1971), the Convention for the Protection and Cultural Property in the Event of Armed Conflict (1954/1999), the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970), the Convention Concerning the Protection of World Cultural and Natural Heritage (1972), the Convention on the Protection of the Underwater Cultural Heritage (2001), the Convention for the Safeguarding of the Intangible Cultural Heritage (2003),and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions deals with specific articles in the UNESCO Universal Declaration on Cultural Diversity, Articles 8 through 11. These articles clarify three issues. First, the relationship that identity has with cultural goods and services, which values and meaning should not be treated as economic goods. Second, the States have the responsibility for the protection and promotion for the "diversity of cultural expressions and ensuring the free flow of ideas and works". Third, there needs to be international cooperation.

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is a legally-binding international agreement that ensures artists, cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a broad range of cultural goods, services and activities, including their own. Cultural expressions are conveyed by activities, goods and services, which results in an economic and cultural nature. Due to this dual sided nature, cultural expressions cannot be seen purely as objects of trade.

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions main objective is to strenghthen creation, production, distribution/dissemination, access and enjoyment of cultural expressions transmitted by cultural activities, goods and services, with a strong focus on developing countries. The promotion of dialogue and creativity of cultural diversity is an necessary element in the goal to achieve peace and sustainable development. The Convention was adopted in response to "growing pressure exerted on countries to waive their right to enforce cultural policies and to put all aspects of the cultural sector on the table when negotiating international trade agreements." "The international community signalled the urgency to implement an international law that would recognize the distinctive nature of cultural goods, services and activities as vehicles of identity, values and meaning and that while cultural goods, services and activities have important economic value, they are not mere commodities or consumer goods that can only be regarded as objects of trade."

The Convention’s main objective is to provide a legally-binding international agreement that reaffirms the sovereign right of States to adopt cultural policies that support their cultural industries. The Convention does not want to control and restrict cultural expressions, but to promote and protect them. Recognizing that the diversity of cultural expressions is a "rich asset for individuals and societies, the protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations.". The Convention also defines on cultural industry and interculturality