Summary Report of International Events / Meetings of Interest to the INCP

Introduction:

In December, INCP members mandated the Liaison Bureau to follow and attend, when possible, international meetings related to the work undertaken by the INCP and prepare a comprehensive summary analysis to support discussions.

Since then, the Liaison Bureau identified eight international meetings with themes of interest to the INCP. This document contains a brief summary of each meeting and issues to consider for the Network. A conclusion/trends section identifies overarching themes or ideas which appeared at several of the conferences.

World Intellectual Property Organization General Assembly, Twenty-Sixth (12th Extraordinary) Session, Geneva, Switzerland, September 25th to October 3rd 2000:

This meeting of the WIPO General Assembly was devoted to "matters concerning intellectual property and genetic resources, traditional knowledge and folklore".

Although paying special attention to the importance of genetic resources to modern biotechnologies, the organization extended its discussion to include two new categories of intellectual property related to cultural policy: traditional knowledge and local folklore.

The General Assembly endorsed the idea of creating an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore to further study these issues.

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Issues to Consider:

WIPO identified the following three themes as relevant to the activities of an eventual Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore:

1. access to genetic resources and benefit sharing
2. protection of traditional knowledge, whether or not associated with those resources
3. the protection of expression of folklore
   

Important Considerations in the discussion:

• Given the emergence of modern biotechnologies, genetic resources have "assumed an increasing economic, scientific and commercial value". Very often, such resources are part of the traditional knowledge of a specific culture. Consequently, intellectual property issues arise with regard to genetic resources. However, a wider vision is required. It is necessary to determine a scope for the use of intellectual property rights in traditional knowledge in general. The goal of this new set of standards would be to facilitate access to traditional knowledge, but also to develop a system for its protection.
• Among the most pressing questions are: how to integrate traditional knowledge into the existent patents system and how to enforce the rights of the owners of such intellectual property.
• Another new area for WIPO's activities, which can be clearly related to cultural policy issues, concerns the protection of expressions local folklore. The organization is studying the possibility that they require a sui generis form of legal protection at the international level.
• One of the first tasks of a committee that would study these issues would be to establish a consensus as to the exact definitions of such terms as traditional knowledge and local folklore.

"MULTICULTURALISM: A DIALOGUE IN PROCESS - THE GREEK AND CANADIAN PARADIGM: A SYMPOSIUM ON CANADIAN MULTICULTURALISM", THESSALONIKI, NOVEMBER 8-10, 2000:

The Symposium's overall objective was to provide a clearer image of Canada, its culture and its people to a broad audience of government officials, cultural personalities, academics, university students and the general public. The Symposium also offered an opportunity for the Canadian and Greek speakers to present their opinions and exchange views with their colleagues.

The program of presentations and discussions was divided into two main themes. One theme focussed on Canada and its unique identity as a bicultural nation and a multicultural society, noting developments in Canada's multicultural policy and government programs that encourage Canadians to retain their cultural heritage while being guaranteed the rights of full participation within a Canadian environment. The second theme focussed largely on how Canadian multicultural identity is expressed through film, literature and theatre.

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Issues to Consider:

• How can governments encourage cultural expression from culturally diverse groups within society?
• Where are we within the three phases of multicultural history: assimilation of ethnic minorities, ideological recognition of cultural diversity and explicit recognition of ethnic diversity and cultural pluralism?

Important Considerations in the Discussions:

• The significance of multiculturalism programs and policies which respect all people as equal and recognize the contribution of each one as vital to the development of society. The genesis of multiculturalism policy, and the historical and socio-economic circumstances that created the need and basis for such a plan.
• Canadian government policy encourages diversity and as a result Canadians of diverse backgrounds have been able to express elements of their origins through the artistic form that they create, thus enriching Canadian life. Efforts to promote diversity have resulted in the creation of a rich, varied and stimulating culture.
• How Canada's educational approach to children of newcomers, in terms of both policy and practice, forms part of Canada's multiculturalism policy and helps develop Canadian identity.

"ARTS AND CULTURAL POLICY FOR DEVELOPMENT WORKSHOP", DECEMBER 4, 2000, CANADA

This workshop was a follow-up to the adoption in Stockholm, in April 1998, of an Action Plan on Cultural Policies for Development.

The overall objective of the workshop was to provide insight into how arts and cultural policies and programs can be better used for development objectives. Ways to shape policy, to make the best of existing policies and to design programs to better contribute to overall development objectives, in the spirit of the Stockholm Action Plan, and the changing role of international development efforts in the cultural area and the relationship to integrated cultural policy development were stressed.

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Issues to Consider:

• One of the challenges in the future will be to better demonstrate how best practices can be used and adapted to local situations. How to do this?
• There is a problem with moving from concepts to the development of policy, to the implementation and delivery. This issue has made cultural planning more appealing at the local level. However, there are not yet mechanisms to measure the results and impact of cultural planning.

Important Considerations in the Discussions:

• Cultural planning offers methods to redress the largely ignored second prong of cultural development, the "bottom-up" strategy of community cultural centres with strong roots in local community needs. Cultural planning is more than just a new name for cultural policy and its existing set of concepts. Therefore, cultural planning is an alternative framework for urban cultural development.
• Various policy approaches to making culture a key element of development, from the role of cultural policies in combating marginalization and social exclusion, to the contribution of cultural industries to employment and economic development were discussed.
• There is an effort to use the arts and culture to address fundamental problems caused by social exclusion and also to contribute to the government's other priorities in the areas of employment, education, health and crime prevention.
• Culture is a tool for urban planning has been most effective at the municipal/local level, because it affects the everyday life of communities and offers tangible results that are not always visible at the policy level.

REPORT FROM THE LIAISON BUREAU:
UNESCO SUMMARY REPORT, MINISTERIAL ROUND TABLE - DECEMBER 11 AND 12, 2000, PARIS, FRANCE:

UNESCO's Round Table on December 11 and 12, 2000 brought over 55 Ministers of Culture together to discuss "Cultural Diversity: Challenges to the Marketplace." The Round Table helped to reinforce and further develop the ongoing work in various international fora on cultural diversity.

The purpose of the meeting was to discuss "Cultural Diversity: Challenges to the Marketplace." The debate at UNESCO has raised awareness about the importance of cultural diversity and that cultural goods and services should be accorded different treatment in trade agreements.

Documentation for the meeting - draft outline of elements for a Declaration, proposal for a Global Alliance and the Agenda - were distributed to Ministers of Culture the day before the Round Table. Ministers of Culture were supportive of UNESCO's efforts but some were concerned on what will be the role of the Secretariat in this policy area. The Round Table did allow for open discussion on cultural diversity which helped to see more clearly the positions of the countries present.

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Issues to consider:

• The need for the elaboration of an international instrument on cultural diversity.
• The need for repatriation of tangible heritage, education/training, technical assistance, and financial transfers from developed countries to developing ones to facilitate infrastructure development in the cultural area.
• The need for concrete action through a prescriptive, clear and concise agreement that would strengthen identity, preserve capacity and allow States the right to intervene in cultural matters.
  

Important Considerations in the Discussions:

• Their was general consensus that a Declaration should be further developed.
• A Global Alliance for Cultural Diversity was proposed to provide a network of companies, societies, institutions and professional associations of countries interested in contributing to the development of cultural industries in countries of the South in support of cultural diversity.

FROM THE OFFICIAL UNESCO REPORT:
UNESCO SUMMARY REPORT, MINISTERIAL ROUNDTABLE - DECEMBER 11 AND 12, 2000, PARIS, FRANCE:

This meeting was held to discuss the future of cultural diversity in the next decade, with particular focus on one of its aspects, namely market issues.

Issues to Consider:

• In view of its unprecedented growth, globalization has brought about an entirely new era, making way for new opportunities for creativity, mutual understanding and inter-cultural dialogue.
• Globalization eliminates the borders between local and international culture and countries are encouraged to practice openness in order not to be excluded from the process. The challenge consists of ensuring that globalization benefits everyone alike.
• Many developing countries do not have cultural industries, but rather cultural assets, and the question is: how do we ensure that developing countries do not miss out on the communications revolution?
• Public authorities at all levels also have a key role to play in raising the awareness of civil society and sharing responsibility with the private sector; these are crucial elements for the success of national policies and regional strategies.

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Important Considerations:

• Culture has a superior and unique value, which cannot be reduced to a simple question of market ratings. While cultural goods and services contribute to this unique value, they also help societies develop and occupy their place in the global trade movement.
• UNESCO has proposed a draft declaration on cultural diversity and its role in this context. It has been emphasized that UNESCO should have a political, but also a legal, mandate, and that it should help develop an international regulatory framework or legal instrument to promote cultural diversity and ensure compliance in global trading activities.
• This declaration should be more than just an abstract text providing a formal framework. It must include specific steps and an action plan so that cultural diversity becomes an essential tool for development and for the reduction of poverty.

"BEYOND MULTICULTURALISM? POLICIES PAST, PRESENT AND FUTURE - A BRITISH COUNCIL INTERNATIONAL NETWORKING EVENT", BIRMINGHAM, U.K., FEBRUARY 11-16, 2001:

This conference on multiculturalism policies organized by the British Council brought together approximately 25 participants, including officials from Ministries of Culture, broadcasters, representatives from arts and heritage institutions and NGOs.

The purpose of the conference was to discuss the past and present in relation to debates, policies and practices regarding multiculturalism and the arts, culture and heritage sectors; discuss future possibilities and opportunities for dealing positively with the potential and the tensions of working in a multicultural context; and explore how various individuals and organizations have sought to transform the ways we think about multiculturalism and the arts.

The conference showed that more and more countries are interested in issues surrounding cultural diversity. There is a recognition that the challenges of living in a multicultural society must be addressed. There is a genuine interest in making arts and heritage meaningful to all members of a multicultural society, and in transforming old systems and institutions. The conference provided valuable insight into the latest thinking on cultural diversity issues and new policies and practices, especially with regard to managing cultural diversity and the role of arts and culture.

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Important Considerations in the Discussions:

• A presentation on the "Multicultural Question" discussed the underlying problems that still exist for countries with multicultural populations, despite attempts to resolve these problems. The "Multicultural Question": is social reality, whereas multiculturalism is an ideology.
  Multiculturalism policy is no guarantee against racism. Reactions by the majority to multiculturalism policies can vary widely, from embracing multiculturalism, to feeling disempowered.
• The "Multicultural Question" has been addressed over time, from the cultural equality movement of the 1960s, when the idea of assimilation was first challenged, to the multiculturalism of the 1980s and 1990s, which was based more on the politics of recognition. A more holistic approach to managing cultural diversity is the notion of multiple identities. This idea, which is gaining credence in many circles, affirms that we can assume different identities based on where we are at a given time, on a particular situation, on the differences between ourselves and those around us. It is a positional notion of identity that includes the ideas of cultural hybridity (being of more than one culture) and vernacular cosmopolitanism (being connected both to a local and a global identity). History and Future of Multiculturalism: A more holistic approach to managing cultural diversity is the notion of multiple identities.
• The question of national culture, especially in the context of the issues about the need to balance unique identities and shared identities, and how to impose unity on diversity. Participants debated the need for national culture to create an "imagined community" to help groups build a common life together, and discussed the role that culture plays in creating a common identity.
• Concepts of National Culture: the need for national culture to create an "imagined community" to help groups build a common life together, and discussed the role that culture plays in creating a common identity.

Questions raised during the meeting:

• Are contemporary arts and cultural policies able to contribute to the creation of just and equal societies, and heal long-established rifts between different sections of national communities?
• If culture is difficult to define, then how can multiculturalism policies - which tend to see a person as locked within one particular culture - address this kind of complexity?
  The term "vernacular cosmopolitanism" raised the issue of social cohesion and how unity can be imposed on diversity. Is there still a place for national identities? Is common citizenship a more reasonable path to follow than national identity? How do you create a community of communities?

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"CONFERENCE ON CULTURE AND CONFLICT" IN DUBROVNIK, CROATIA, MARCH 28-31, 2001:

Approximately 70 participants from 22 countries and 3 international organizations (UNESCO, Council of Europe and the INCP) attended this conference on Culture and Conflict in Dubrovnik, Croatia, including Ministers of Culture and officials and international cultural organizations.

The purpose of the conference was to engage Ministers of Culture in a discussion to create "a platform against conflict in general, and against violence over culture in particular." The conference focused mainly on developments in Eastern Europe.

Discussion centered on neutrality of culture and its potential to either create cooperation or cause conflict, although many thinkers felt that borders are the main causes of conflict. Europe is challenged by the constant readiness of neighbors to fight and there still remains a schism between east and west. On the positive side, culture can be seen as an envoy of peace and the arts and heritage can be used as agents of healing.

Issues to consider:

There is an interest in finding ways to cooperate regionally and internationally to avert conflicts from which a number of suggestions emerged for ways to be proactive around the role of culture and conflict prevention:

1. There was general agreement that in future this issue should be referred to as culture and conflict prevention;
2. task force or observatory to explore issue deeper and make recommendations on ways to prevent conflict, and;
3. cultural "fire brigade" to intervene in cultural hot spots as a mediator.

Important Considerations in the Discussions:

• How countries can rebuild national culture and identity following turbulent periods and in times of rapid change and how a "new" identity should be constructed. National identities can create certain hierarchies and values which isolate some groups in society, consequently leading to renewed tensions.
• Even though culture is becoming more and more important, it is mostly absent from international texts and plans of action, including international trade fora such as the WTO.
• The role of cultural policymakers is to create an open cultural environment and to encourage behaviour that will lead to good management of cultural diversity, so that individuals and communities can manage conflict and cooperate. However there was also a recognition that there are many challenges facing the implementation of cultural policy.
• There was a recognition that culture is an element of human security and peaceful coexistence that cannot be ignored.

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"Summit of the Americas" in Quebec City, Canada, April 20-22, 2001

The Summit of the America's in Quebec City was attended by 34 democratically elected heads of state from the region.

It was the third in a series of meetings to address hemispheric issues and challenges. Participants discussed political, social and economic issues in an effort to increase hemispheric integration. Some of the most notable commitments concerned the promotion of democracy, sustainable development, free-trade and cultural diversity.

The result of the Summit was the Declaration of Quebec City and an Action Plan, both of which lay out a path for future cultural policies.

Issues to Consider:

The following themes were linked to questions of cultural policy:

1. paying attention to the role of migrants
2. facilitating the participation of all citizens in the cultural lives of their countries.
3. favouring cultural diversity

Important Considerations in the Discussion:

• The action plan adopted at the Summit of the Americas lays out a series of policies aimed at favouring cultural diversity. Participants endorsed the concept of awareness programs so as to favour inter-cultural dialogues. Particular attention was paid to the role that cultural diversity can play as a cohesive factor for society, thereby favouring development.
• Discussions about migrant populations also touched upon questions of cultural diversity. The contribution of migrants to the society which received them is as much cultural as economic. Discussing the role of newly integrating cultures is particularly relevant in the context of the Americas, where this continues to be a reality. For this reason, one of the recommendations in the Summit's final declaration is for states to take the measures necessary to ensuring the full social protection to their migrant populations.
  Participants in the Summit equally committed themselves to the "eradication of all forms of discrimination". Most notably, they included full participation in the "social and cultural" life of a country among the "human rights and fundamental freedoms of all".

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Third Ministerial Conference on Culture - La Francophonie, Cotonou, Benin, June 14 and 15, 2001:

Ministers of Culture of La Francophonie member countries met in Cotonou. The Conference enabled them to oversee the international harmonization of certain aspects of their cultural policies, namely as regards the statement that 'cultural assets can in no way be reduced to their economic dimension.' In this regard, the Cotonou Declaration is an important step in achieving consensus on the notion of an international instrument on cultural diversity.

The Conference was also an opportunity to discuss other cultural policy-related issues among member countries, namely the concern expressed by southern countries regarding the theft of cultural assets.

Issues to consider:

La Francophonie member countries dealt with the following cultural policy issues:

• the need for an international instrument on cultural diversity;
• the return of unlawfully acquired cultural goods;
• cultural diversity in the context of globalization;
• the role of cultural diversity in the promotion of peace.

Important Considerations in the Discussions:

• The Cotonou Declaration is the first text adopted by an international organization that explicitly promotes the adoption of an international instrument on cultural diversity. According to the French Minister of Culture, it is aimed at recognizing 'the decisive role of cultural goods and services for the development and growth of the various societies.' Moreover, it was agreed that they would seek to ensure that 'states and governments could legitimately develop their cultural policies.' Conference participants expressed interest in the legal aspects of such an instrument. Among the possibilities considered was its linkage with the World Trade Organization.
• It must be noted, however, that the final declaration of the Conference cautions countries against making 'commitments to the liberalization of cultural goods and services, especially within the framework of international trade negotiations.' Although globalization has been perceived as a positive influence on cultural exchange, it can also pose a threat to cultural identity. Hence, the Cotonou Declaration calls for 'specific treatment' of cultural products.
• Besides dealing with the issue of protecting cultural diversity, the Conference considered the benefits of this policy. Outstanding among these benefits is the impact that cultural diversity might specifically have for the promotion of peace and dialogue between different cultures.
• On a totally different note, the Conference discussed the return of unlawfully acquired cultural assets, which is one of the main concerns of southern countries. The first objective in this regard will be to prepare inventories of stolen or unlawfully exported heritage. The Agence de la Francophonie will support these efforts.

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Conclusion/Trends:

• There were several issues and challenges reoccurred at the meetings reviewed in this report:
  • One of the major considerations at several of the meetings is the various roles of arts and cultural policies.
  • Cultural policies were identified as being potential methods for combating social exclusion and marginalization and encouraging development.
  • Arts and cultural policies help to create an open environment where cultural conflicts (military or otherwise) are less likely to occur.
  • The challenges facing cultural policy makers may be calling into question the ability of contemporary arts and cultural policies to accomplish these goals.
  • There is a growing recognition that cultural goods and services should be given different treatment in trade agreements.
  • There is a general lack of protection for intellectual property rights related to culture.
  • Concern was expressed over the current lack of recognition for culture in major trade fora and other international agreements.
  • According to the information presented the concept of national identity or national culture has its benefits and its drawbacks. National culture helps groups build a common life together and develop a common identity. At the same time national culture can also create certain hierarchies and values which isolate some groups of society.

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