Annex 1
International Network for Cultural Diversity
Cape Town Conference, Report to the INCP
14 October 2002
Who We Are
The International Network for Cultural Diversity yesterday concluded
three days of meetings at the Centre for the Book. The INCD's 186
delegates from 37 countries organized around the theme Fostering
Cultural Diversity and Development: local, national and global strategies.
Delegates traveled to Cape Town from every corner of the globe
- artists, producers, distributors, exhibitors, heritage institutions,
cultural activists and scholars, representing NGOs from every continent
and region. We came from economically rich countries and economically
poor ones, from areas of peace and areas of conflict, from countries
with strong cultural industries, to ones whose artists are too rarely
seen or heard beyond their own communities. The majority of us were
from the South, a region rich, layered and sophisticated in its
cultural diversity.
The INCD Conference Principal Themes
Concerns about cultural homogenization are shared by people everywhere.
While globalization may challenge cultures in different ways, the
INCD is united and determined to promote cultural diversity, to
preserve the world's living languages, to improve the flow of artistic
productions between societies, protect cultural heritage and to
foster support for creators, artists and cultural producers everywhere.
The work of the INCD is building on an international understanding
expressed in the Universal Declaration of Human Rights that
participation in the arts and culture is one of the fundamental
human rights.
Support for the development and implementation of a new Convention
on Cultural Diversity that will provide a legal foundation for government
measures that support diversity has grown from a concept being discussed
in only a few communities two years ago to an idea that has spread
broadly. It is now being discussed in cultural communities around
the world. It is also being considered by UNESCO and within the
Council of Europe, La Francophonie, the ILO, World Summit on Sustainable
Development and UNCTAD.
But the INCD knows the Convention is only one step, the promotion
and encouragement of cultural diversity requires the development
of cultural capacity in many countries and in many communities.
For individual artists, cultural producers and cultural institutions
in the least developed countries, in the developing world and in
countries in transition, it is not merely enough to preserve existing
cultural policies and programs, we need new ones and urge our governments
and intergovernmental agencies to implement them. Our discussion
on this theme reflected all of our differences and diverse opinions,
but we emerged united in a commitment to advocate on behalf of our
communities for policies and programs which will ensure that development
will work for culture and cultural exchange.
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Our Conclusions
Cultural Diversity And Development
The INCD believes it is important to consider how to incorporate
the concerns of the least developed countries (especially the relationship
between cultural diversity and the alleviation of poverty), the
developing world and the countries in transition into the Convention
on Cultural Diversity. This is why the INCD believes governments
must accept positive obligations when they ratify it. And why we
will urge progressively more commitments as governments are able
to meet them.
The Convention can ensure a space for domestic artistic creations
but it cannot guarantee every country will have the capability to
occupy that space. It cannot guarantee that every artist and cultural
producer will be able to work and create, to interact with their
community. All of the world's citizens are impoverished when they
are denied the opportunity to experience the full richness of the
diversity of all communities.
This is why the INCD is committed to advocating for appropriate
tools, policies and programs that will ensure the development of
cultural capacity. The INCD will lobby locally, nationally and globally
to ensure that every community has the capacity to develop the individuals,
the companies and the institutions, both public and private, that
it needs to give itself voice through music, audiovisual, stories
and the arts.
The INCD will urge governments, institutions, intergovernmental
agencies and foundations to collaborate to ensure that the necessary
resources, both financial and human, are made available for this
task. We will work to put this on the agenda of development agencies
and we will insist that development support be delivered in a manner
that is culturally-sensitive and culturally-specific.
The INCD supports the following outcome of Our Creative Diversity:
"Culture then is not a means to material progress; it is the
end and aim of "development" seen as the flourishing of
human existence in all its forms and as a whole."
The INCD recognizes that our work on these topics has only begun
in Cape Town and will continue as a priority in the coming months
and years.
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Convention
The INCD will table the second draft of our proposed Convention
on Cultural Diversity after it has taken into account the substantive
contributions from our conference. The INCD congratulates you for
the efforts of your Working Group on Globalization and we were delighted
to have had an opportunity to provide our thoughts and ideas during
the drafting process. The draft of the Convention prepared for consideration
of the Culture Ministers is a significant benchmark. The INCD encourages
the earliest public release of your working text because it will
represent a significant contribution to the growing global dialogue.
And we must increasingly engage trade ministers in this dialogue.
INCD delegates had rich debate about how culture and cultural diversity
have different meanings in different parts of the world. The Convention
must not engender debate on sensitive issues that have been resolved
in other recognized international documents and treaties.
In the spirit of collaboration, we offer the following specific
observations about the content of the proposed Convention.
1. Scope of Government Authority
The INCD is committed to working to ensure the Convention cannot
be used to justify acts that are contrary to fundamental human rights
and basic democratic principles. That is why we include in our Draft
recognition of the right of the artist and creator to freedom of
expression and freedom from censorship. We have also adopted into
our Draft the language you are considering that provides an explicit
prohibition on the use of the Convention in a manner that would
infringe human rights. The INCD Convention will explicitly cite
the significant related rights as does your own Draft.
The INCD also believes access to a diversity of media and information
sources and to opportunities to produce and distribute media programming
are fundamental conditions of democratic societies. In this context,
politically independent public service broadcasting, administered
at-arms length from government, and a strong community broadcasting
sector both have vital roles to play.
2. Diverse Communities
There must be special recognition of the need to preserve threatened
cultures, especially languages, including those of indigenous peoples.
There must be recognition of the need to protect traditional knowledge.
When ratifying the Convention, governments should make a concrete
commitment to ensuring the flourishing of the rich diversity of
all cultures within their territories.
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3. Trade Agreement Language
The INCD believes that using the language of trade to outline the
kinds of government measures that are permissible in a cultural
context, is one of the ways to build a barrier against the trade
agreements. For example, we use some of this language in the Draft
chapters of our Convention that address Investment, Competition
Policy and Procurement and Cultural Goods and Services.
4. Dispute Settlement
We reached few conclusions about the governance and institutional
arrangements that are required for the Convention. However, we urge
that you incorporate fundamental principles from the INCD's work
into your Draft. The dispute settlement process must be transparent,
it must guarantee input from third parties and non-governmental
organizations and must acknowledge that the rights of individuals
are equivalent to corporate rights.
5. Fair and Equitable Exchange
Both the INCD and the INCP are united in the goal of achieving
more balanced exchanges between cultures. The objective of the Convention
is not to replace the domination of one by the domination of another,
nor should it foster the isolation of one from the other. Both the
INCD and INCP should look again at our Drafts to ensure they provide
the strongest guarantees possible.
Given the aggressive negotiating agenda within the WTO and the
numerous bilateral trade talks that are taking place, it is urgent
we move forward quickly to achieve the implementation of the Convention.
However, urgency should not lead us to an ineffective Treaty or
an inappropriate forum.
On our side, the INCD will launch a campaign to disseminate information
about the issue. We will raise awareness in our communities and
through them influence other governments. The INCD will launch a
multi-pronged communications strategy and will advocate for the
Convention in other fora.
We will continue to be involved in the process of developing this
important Convention. We will monitor developments and advocate
the positions of the world's cultural NGOs. We also believe that
including cultural NGOs in the formal negotiating process will assist
governments in their efforts to implement an effective and meaningful
Convention.
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Our Plans for the Future
The Cape Town meeting represented a significant step in the development
of the INCD. The INCD has emerged with a commitment to organizing
our activities on a regional basis in the next years. We are committed
to expanding our regional secretariats and hope to establish a physical
presence in a number of regions during 2003. We have a new Steering
Committee that will meet in 2003 in Croatia, once again in collaboration
with you. The Steering Committee will be joined by representatives
selected at our regional meetings.
Acknowledgements and Thanks
We wish to thank our hosts and supporters. We received wonderful
support and encouragement from the Government of South Africa and
the city of Cape Town. The Governments of Canada and Sweden support
our offices and secretariat, The Governments of Canada, Switzerland,
Sweden, Mexico and Croatia have all provided financial contributions
to our Conference. The Ford, Rockefeller and Prince Claus foundations,
UNESCO and the ILO have also assisted this effort.
To the world's Culture Ministers organized in the INCP we send
our thanks and our best wishes for a successful meeting.
INCD Steering Committee 2002-2003
- Leonardo Brant, Brazil
- Peter Curman, Sweden
- James Early, United States
- Leah Enkiwe, Philippines
- Mireille Gagné, Canada
- Atul Kumar, India
- Richard Letts, Australia
- Katerina Marinaki, Greece
- Nina Obuljen, Croatia
- Burama Sagnia, Senegal
- Rafael Segovia, Mexico
- Yvon Thiec, Belgium/France
- Mike van Graan, South Africa
- Megan Williams, Canada
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