The present document is distributed for information purposes only and aims neither
to interpret nor to complement the Convention on the Protection and Promotion of
the Diversity of Cultural Expressions ( 2005).
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1. WHY THE CONVENTION?................................................................ 2
To remain true to UNESCO’s mandate
To contribute to the development of the notion of culture
To effectively complement UNESCO’s standard- setting action in the
field of culture
2. WHAT IS THE PURPOSE OF THE CONVENTION?.............................. 4
3. WHAT ARE THE SPECIFIC GOALS OF THE CONVENTION? ............... 5
4. WHAT ARE THE GUIDING PRINCIPLES OF THE CONVENTION?........ 6
5. WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE
CONVENTION? ............................................................................... 6
Rights
Obligations
Mutual supportiveness, complementarity and non- subordination
6. WHEN DOES THE CONVENTION TAKE EFFECT? .............................. 9
Ratification
Entry into force
7. HOW DOES THE CONVENTION OPERATE?...................................... 9
Follow- up mechanisms
The means
Settlement of disputes
8. WHO ARE THE MAIN CUSTODIANS OF THE CONVENTION? ........... 10
9. WHO ARE THE BENEFICIARIES OF THE CONVENTION? ................... 11
10. WHAT ARE THE CORE MESSAGES OF THE CONVENTION?.............. 11
ANNEX ................................................................................................. 13
SELECTED UNESCO DOCUMENTS RELATED TO CULTURAL DIVERSITY
Documents on cultural diversity
Documents relating to the Convention
TEN KEYS
to
the Convention on the
Protection and Promotion
of the
Diversity of
Cultural
Expressions
adopted by the General Conference of UNESCO at its 33rd session, 2005
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1Why the Convention?
TO REMAIN TRUE TO UNESCO’S MANDATE
As expressed in its Constitution ( 1946) UNESCO, the only United Nations
agency with responsibility for culture, is entrusted with the dual mandate of
promoting the “ fruitful diversity of cultures” and the “ free flow of ideas by
word and image”.
These fundamental principles of diversity and freedom for the advancement of
mutual understanding constantly appear together in the Organization’s goal
of ensuring the “ orchestration of separate cultures, not into uniformity but into
a unity- in- diversity, so that human beings are not imprisoned in their separate
cultures but can share in the riches of a single diversified world culture” ( Report
of the Director- General, 1947).
UNESCO has placed the pursuit of this goal -- which is based not only on
the acknowledgement of diversity, but also on the opportunities for wider
dialogue that it offers -- at the heart of its mission and constantly renews its
approaches and activities. This is borne out by recognition of the equal dignity
of all cultures, the protection of cultural property, the promotion of intercultural
dialogue, the respect for cultural rights, the formulation of cultural policies to
promote diversity, the promotion of constructive pluralism, the preservation of
cultural heritage, etc.
While culture at UNESCO remains an essential platform for building peace in
the minds of men and women, the gradual transformation of the international
arena has led to changes in the Organization’s conceptual approaches,
programmes and forms of action.
TO CONTRIBUTE TO THE DEVELOPMENT OF THE CONCEPT OF CULTURE
Long considered from the angle of fine arts and literature, culture is now regarded
as covering a much broader field: “ culture should be regarded as the set of
distinctive spiritual, material, intellectual and emotional features of society or a
social group, and that it encompasses, in addition to art and literature, lifestyles,
ways of living together, value systems, traditions and beliefs” ( Preamble to the
UNESCO Universal Declaration on Cultural Diversity, 2001).
With hindsight, four major stages can be discerned in the transformation of the
meaning and functions ascribed to culture. It is evident that these stages are
not clear- cut and that activities carried out at each stage have been pursued at
subsequent stages:
( I) the broadening of the concept of culture as art production to include the
notion of cultural identity ( 1950s and 1960s). During this period, UNESCO
endeavoured to defend cultures in response to particular situations, such
as those resulting from decolonization, by recognizing the equal dignity of
cultures;
( II) building awareness of the vital link between culture and development as
the foundation of international cooperation and solidarity with developing
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countries ( 1970s and 1980s). During this period, UNESCO, while continuing
to carry out activities undertaken earlier, began to lay emphasis on reciprocal
borrowing among countries and societies to pave the way to partnerships
established on an equal footing;
( III) acknowledgement of cultural aspirations and bases in the construction
of democracies ( 1980s and 1990s). During this period, the Organization
demonstrated awareness of the various forms of discrimination and exclusion
experienced by persons belonging to minorities, indigenous peoples and
immigrant population groups;
( IV) enhancement of dialogue among cultures and civilizations in their rich
diversity, considered as the common heritage of humanity by the UNESCO
Universal Declaration on Cultural Diversity ( 1990s and 2000s). In consonance
with the broader definition of the concept of culture, the Declaration
addresses the dual challenge of cultural diversity: on the one hand, ensuring
harmonious interaction among people and groups with plural, varied and
dynamic cultural identities as well as a willingness to live together; and on
the other hand, defending creative diversity, i. e., the wide variety of forms
through which cultures reveal their heritage- related and contemporary
expressions in time and space. During this period, UNESCO sought to meet
the needs of societies whose plural character was being enhanced by the
accelerating pace of globalization.
As a continuing, flexible and changing process, culture remodels tangible
and intangible cultural heritage while inventing new forms of expression,
thus revealing its infinite diversity. In a changing international environment,
UNESCO has always sought to respond with practical solutions to the particular
challenges that each era has posed to the constantly evolving concept of
culture. Cultural diversity, through its ability to promote dialogue and creativity,
is the essential condition for peace and sustainable development.
TO EFFECTIVELY COMPLEMENT UNESCO’S STANDARD- SETTING ACTION
IN THE FIELD OF CULTURE
The renewed challenges raised by culture since UNESCO’s establishment have
caused the Organization to act by all available means: as a laboratory of ideas
in anticipating and identifying appropriate cultural strategies and policies;
as a clearinghouse for collecting, transmitting, disseminating and sharing
information, knowledge and best practices; as a builder of the human and
institutional capacities of Member States; and as a standard- setter in inviting
Member States to agree on common rules designed to strengthen genuine
international cooperation.
As a standard- setter, UNESCO has produced several binding international legal
instruments in the four core areas of creative diversity; namely cultural and
natural heritage, movable cultural property, intangible cultural heritage and
contemporary creativity. In all, seven conventions have been drawn up:
􀁏 the Universal Copyright Convention ( 1952, revised in 1971);
􀁏 the Convention for the Protection of Cultural Property in the Event of Armed
Conflict ( 1954) ( first protocol in 1954, second protocol in 1999);
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􀁏 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 the 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);
􀁏 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 stands out among the heritage- related conventions in that it
focuses primarily on the diversity of cultural expressions, as circulated and
shared through cultural activities, goods and services, the most contemporary
transmitters of culture.
It thus effectively complements the set of legal instruments deployed by UNESCO
to promote creative diversity and foster a world environment in which creativity
of individuals and peoples is protected in its rich diversity.
2What is the purpose of the Convention?
The Convention on the Protection and Promotion of the Diversity of Cultural
Expressions does not cover all the aspects of cultural diversity addressed in
the UNESCO Universal Declaration on Cultural Diversity. It deals with specific
thematic fields of the Declaration, such as those set out in Articles 8 to 11: on
the one hand, the need to recognize that cultural goods and services convey
identity, values and meaning and consequently cannot be considered as mere
commodities or consumer goods like any others; and on the other hand, the need
for States to take all appropriate measures to protect and promote diversity of
cultural expressions while ensuring the free flow of ideas and works; and lastly,
the need to redefine international cooperation, the keystone of the Convention,
as each form of creation bears the seeds of a continuing dialogue.
The Convention addresses the many forms of cultural expression that result
from the creativity of individuals, groups and societies and that convey cultural
content with symbolic meaning, as well as artistic and cultural values that
originate from or express cultural identities. Cultural expressions – whatever the
media and technologies used – are transmitted by cultural activities, goods and
services which, as acknowledged by the Convention, have a two- fold ( economic
and cultural) nature. It is for this reason that they cannot be regarded as mere
objects of trade negotiations.
The Convention’s primary objective is to strengthen the five inseparable links
of the same chain; namely, creation, production, distribution/ dissemination,
5
access and enjoyment of cultural expressions conveyed by cultural activities,
goods and services – particularly in developing countries.
By focusing on the protection and promotion of the diversity of cultural
expressions, the Convention acknowledges that, in an increasingly interconnected
world, each individual can have freer and more immediate access to a rich
diversity of cultural expressions from either within or outside his or her country;
however, this potential has not yet been fully realized in the current global
context.
It must be pointed out that, in UNESCO terminology, “ protection” refers to the
adoption of measures aimed at preservation, safeguarding and enhancement.
That is the sense in which the term is used in various instruments such as
the Convention concerning the Protection of the World Cultural and Natural
Heritage ( 1972), the Convention on the Protection of the Underwater Cultural
Heritage ( 2001) and the Convention for the Safeguarding of the Intangible
Cultural Heritage ( 2003). The term “ protection” in this context has none of
the connotations that it may evoke in the commercial sphere. When used in
conjunction with the term “ promotion”, it implies the need to keep alive cultural
expressions imperilled by the quickening pace of globalization. “ Promotion”
calls for perpetual regeneration of cultural expressions to ensure that they are
not confined to museums, “ folklorized” or reified. Furthermore, the paired
terms “ promotion and protection” are inseparable. Article 7 of the Convention
focuses on promotion and Article 8 on protection; the latter, which reinforces
the former, pointedly states that all measures to that end must be taken “ in a
manner consistent with the provisions of this Convention”, that is, in respect for
human rights, fundamental freedoms and existing international treaties.
3What are the specific goals
of the Convention?
Through its main objective – the protection and promotion of the diversity of
cultural expressions – the Convention strives to create an enabling environment
in which the diversity of cultural expressions may be affirmed and renewed
for the benefit of all societies. At the same time, it reaffirms the ties that bind
culture, development and dialogue and establishes an innovative platform for
international cultural cooperation. To this end, the Convention aims to:
􀁏 create conditions for cultures to flourish and to interact freely in a mutually
beneficial manner;
􀁏 give recognition to the distinctive nature of cultural activities, goods and
services as vehicles of identity, values and meaning;
􀁏 identify new arrangements for international cooperation, which is the
keystone of the Convention;
􀁏 reaffirm the sovereign rights of States to maintain, adopt and implement
policies and measures that they deem appropriate for the protection and
promotion of the diversity of cultural expressions on their territory, while
ensuring the free flow of ideas and works.
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By virtue of the latter objective, which also defines the scope of the Convention,
the defence of the diversity of cultural expressions can be considered a part of the
multidimensional, rather than the strictly economic, processes of globalization.
Culture has thus, for the first time in the history of international law, found its
rightful place on the political agenda, out of concern to humanize globalization.
In this proactive context, culture has become a genuine platform for dialogue
and development, thereby opening up new areas of solidarity.
4What are the guiding principles
of the Convention?
A series of principles recalls and guarantees that no measure or policy designed
to protect and promote the diversity of cultural expressions shall infringe human
rights and fundamental freedoms, such as freedom of expression, information
and communication, as well as the ability of individuals to choose cultural
expressions.
In addition, the principle of openness and balance ensures that when States adopt
measures in support of the diversity of cultural expressions, they should seek to
promote, in an appropriate manner, openness to other cultures of the world.
Among the other principles are that of the complementarity of economic and
cultural aspects of development, and that of sustainable development, which
figures prominently in the Convention.
Lastly, the principle of equitable access is twofold: access to a rich and diversified
range of cultural expressions, and access for all cultures to appropriate means
of expression and dissemination.
5What are the rights and obligations
of the Parties to the Convention?
One of the fundamental objectives of the Convention is “ to reaffirm the sovereign
rights of States to maintain, adopt and implement policies and measures that
they deem appropriate for the protection and promotion of the diversity of
cultural expressions on their territory”. The aim in reaffirming this right was
not to establish a State monopoly but rather to put into practice cultural
governance, i. e, interaction between individual and institutional stakeholders in
sharing responsibility for the diversity of cultural expressions.
The Convention contains a series of Parties’ rights and obligations, which aim
to protect and promote the diversity of cultural expressions in a spirit of mutual
reinforcement and complementarity with other international treaties and guided
by international concerted action and cooperation.
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RIGHTS
Respect for human rights and the fundamental freedoms of individuals constitutes
the backdrop of the Convention. In line with the UNESCO Universal Declaration
on Cultural Diversity, the Convention recognizes the connecting link between
cultural diversity and the full realization of human rights and fundamental
freedoms; one could not exist without the other. In that connection, “ no one
may invoke the provisions of this Convention in order to infringe human rights
and fundamental freedoms as enshrined in the Universal Declaration of Human
Rights or guaranteed by international law, or to limit the scope thereof”. Thus
the risk of cultural relativism, which in the name of diversity would recognize
cultural practices that infringe the fundamental principles of human rights, has
been eliminated.
The Convention allows the Parties to determine the existence of special situations
where cultural expressions on their territory are at risk of extinction, under
serious threat, or otherwise in need of urgent safeguarding. It also allows them
to take all appropriate measures to protect and preserve cultural expressions in
such situations.
Moreover, the Convention acknowledges the sovereign right of the Parties
to formulate and implement their cultural policies and to adopt measures
designed, inter alia, to:
􀁏 provide opportunities for domestic cultural activities, goods and services
among all those available within the national cultural activities, goods and
services;
􀁏 provide domestic independent cultural industries and activities in the informal
sector with effective access to the means of production, dissemination and
distribution of cultural activities, goods and services;
􀁏 encourage non- profit organizations and also public and private institutions,
artists and other cultural professionals to develop and promote the free
exchange and circulation of ideas, cultural expressions and cultural activities,
goods and services;
􀁏 promote the diversity of the media, including through public service
broadcasting;
􀁏 provide public financial assistance and establish and support public service
institutions in an appropriate manner.
OBLIGATIONS
In return for these rights, the Convention provides for a number of obligations
that are incumbent on the Parties, which are called upon to:
􀁏 endeavour to promote in their territory the creation of an environment which
encourages individuals and social groups to create, produce, disseminate,
distribute, and have access to their cultural expressions, paying attention to
8
the special circumstances and needs of women and social groups, including
persons belonging to minorities and indigenous peoples on the one hand,
and, on the other hand, to have access to diverse cultural expressions within
their territory and from other countries of the world;
􀁏 ensure information sharing and transparency by providing appropriate
information in their reports to UNESCO every four years on measures taken
to protect and promote the diversity of cultural expressions;
􀁏 foster the public’s understanding of the importance of the diversity of cultural
expressions through educational and public- awareness programmes;
􀁏 acknowledge the fundamental role of civil society in protecting and promoting
the diversity of cultural expressions by encouraging the active participation of
civil society in efforts by Parties to achieve the objectives of the Convention;
􀁏 incorporate culture into sustainable development and strengthen international
cooperation in support of developing countries by several means, for instance,
by strengthening their cultural industries, building their capacities to develop
and implement cultural policies, technology transfer, financial support and
preferential treatment for their artists and other cultural professionals and
for their cultural goods and services.
MUTUAL SUPPORTIVENESS, COMPLEMENTARITY AND
NON- SUBORDINATION
Parties to the Convention shall exercise these rights and fulfil these obligations
in a spirit of mutual supportiveness, complementarity and non- subordination to
other international instruments.
The implementation of the provisions of the Convention may bring to the
fore interaction between the Parties’ rights and obligations contained in this
new treaty, on one hand, and the rights and obligations arising under other
international commitments, on the other hand. Owing to the growing number
of international agreements, it has become increasingly necessary to insert such
a clause on the relationship between treaties in order to provide for the way in
which the rules under various instruments should be linked to each other and to
clarify the legal status of one convention in relation to other treaties.
Thus, the function of a clause on the relationship between international
agreements is to specify the link between these treaties in the event that rights
or obligations from different sources overlap. In this respect, the Convention
stresses that the Parties shall perform in good faith their obligations under
this Convention and under all other treaties to which they are parties, without
subordinating the Convention to any other treaty. Accordingly, Parties shall
foster mutual supportiveness between the Convention and the other treaties
to which they are parties and shall take into account the relevant provisions
of the Convention when interpreting and applying the other treaties to which
they are parties or when entering into other international obligations. In all
cases, the Convention specifically states that nothing in the Convention shall be
interpreted as modifying rights and obligations of the Parties under any other
treaties to which they are parties.
6When does the Convention take effect?
RATIFICATION
In order to become Parties to the Convention, the Member States of UNESCO
must deposit an instrument of ratification, acceptance, approval or accession
with the Director- General of UNESCO. States not Members of UNESCO but
Members of the United Nations, or of any of its specialized agencies, may
accede to the Convention if they are invited to do so by the General Conference
of UNESCO. Regional economic integration organizations, as defined by the
Convention, may also accede to the Convention.
ENTRY INTO FORCE
The Convention shall enter into force three months after the thirtieth instrument
of ratification, acceptance, approval or accession has been deposited with the
Director- General of UNESCO.
7How does the Convention operate?
FOLLOW- UP MECHANISMS
When the Convention enters into force, two organs will be established:
􀁏 the Conference of Parties, which shall be the plenary and supreme body of
the Convention;
􀁏 the Intergovernmental Committee, which shall have responsibility for
promoting the objectives of the Convention and for encouraging and
monitoring its implementation in a spirit of transparency and vigilance.
The first meeting of the Conference of Parties and of the Intergovernmental
Committee will have a crucial role to play, not only in drawing up their respective
Rules of Procedure but also in establishing guidelines for the Convention’s
implementation. The UNESCO Secretariat will assist both the Conference of
Parties and the Intergovernmental Committee. The Secretariat will compile the
documentation for their meetings, assist in the application of their decisions
and report on them.
THE MEANS
In addition to the provisions regarding rights and obligations, the material
means made available to the Parties by the Convention will be, in particular, the
9
10
International Fund for Cultural Diversity, whose resources will include voluntary
contributions by Parties, funds appropriated for that purpose by the General
Conference of UNESCO and various contributions, gifts and bequests.
In the framework of the implementation of the Convention, UNESCO shall
also facilitate the collection, analysis and dissemination of all the information,
statistics and best practices concerning the diversity of cultural expressions.
Furthermore, the Organization shall establish and update a data bank on the
various sectors and governmental private and non- profit organizations involved
in the field of cultural expressions.
SETTLEMENT OF DISPUTES
Provision has been made for a dispute settlement mechanism to deal with any
possible disagreements on the interpretation or application of particular rules or
principles relating to the Convention from a strictly cultural perspective.
The mechanism obliges Parties to negotiate as a first step, then allows them to
have recourse to mediation or good offices. If settlement cannot be reached
through one or more of these means, a conciliation procedure may be initiated.
Parties may, however, decide not to recognize this procedure by making a
declaration to that effect at the time of ratification, acceptance, approval or
accession.
8Who are the main custodians
of the Convention?
The smooth functioning of the Convention requires the participation of all
cultural actors:
􀁏 public actors ( the State and its institutions) whose sovereignty is recognized
by the Convention;
􀁏 civil actors, whose fundamental role in protecting and promoting the
diversity of cultural expressions must be recognized by the Parties to the
Convention. At the same time, the Convention encourages civil society to
actively participate in pursuing the objectives of the Convention;
􀁏 private actors, namely cultural enterprises and industries, especially those of
developing countries, which the Convention seeks to promote in its provisions
on international cooperation and development cooperation;
􀁏 persons belonging to minorities and indigenous peoples are acknowledged as
key actors by the Convention and, to that end, Parties are invited to pay due
attention to their special circumstances and needs in the field of creation.
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9Who are the beneficiaries
of the Convention?
There are innumerable beneficiaries of the Convention:
􀁏 in its spirit, the Convention benefits all individuals and societies because
it aims to ensure that they enjoy a diversity of cultural expressions in the
interests of openness, balance and freedom;
􀁏 recognizing the important contribution of artists and all those involved in the
creative process, cultural communities and organizations that support them
in their work, the Convention benefits cultural professionals and practitioners
in particular;
furthermore, some of the Convention’s provisions identify specific beneficiaries:
􀁏 countries that lack capacities to produce and disseminate their own cultural
expressions, especially the developing countries; the Convention provides for
different forms of assistance for these measures ( official development aid,
low interest loans, grants, etc.) and for preferential treatment for artists and
other cultural professionals and practitioners from these countries;
􀁏 various social groups, including women and persons belonging to minorities
and indigenous peoples, by including among the Parties’ obligations that of
creating an environment conducive to the creation, production, dissemination
and enjoyment of the cultural expressions of these groups.
10 What are the core messages
of the Convention?
The Convention takes note of the fact that cultural creativity, which constitutes
one facet of cultural diversity, has been bestowed on the whole of humanity.
It paves the way to strengthening human relations in a globalized world that
sometimes lacks compassion. Although on the cultural supply side, there has
never been such a large number of works on offer, the Convention aims to
ensure that they are enjoyed by as many people as possible, and that the choice
available to them not be limited to a small number of works, whether they be
local or foreign in origin.
The Convention seeks to defend cultural wealth which draws its capacity to
interact, to be renewed and be transmitted from both its internal and worldwide
sources. The broadest dissemination of this creative diversity, whether derived
from internal or external sources, brings cultural and social advantages, thus
reaching beyond its strictly commercial dimension.
The Convention does not aspire to control or even restrict, but rather to promote
and protect the diversity of cultural expressions. The definition of protection
ensures that the action taken and the means used by Parties – whose sovereign
right has been recognized – will aim to preserve, safeguard and enhance the
12
diversity of cultural expressions and not to limit the flows on such grounds as
protectionism or identity- based isolationism. Moreover, a number of guarantees
are enshrined in the Convention which, under the “ principle of openness
and balance”, ensures that the measures taken by States must also promote
“ openness to other cultures of the world”.
Furthermore, the Convention allows Parties to take protective measures in cases
where cultural expressions are at risk of extinction or under serious threat, and
international cooperation is strongly encouraged in order to assist developing
countries in such situations. In all cases, the objectives and the principles set
out in the Convention must be respected since they aim to foster genuine
exchanges between the cultural expressions of all peoples and to enhance the
diversity of such expressions nationally and internationally.
In so doing, the Convention helps to strengthen links between “ culture and
development”, the latter term being understood in its material as well as its
symbolic sense: referring to, on the one hand, economic growth, and, on the
other hand, the fulfilment of human beings enjoying their fundamental rights,
open to the world without losing their own points of reference. It also lays the
foundations for a new form of cooperation and local, regional and international
solidarity by fostering exchanges and partnerships, particularly advantageous to
countries whose cultural expressions are in jeopardy.
Lastly, the Convention recognizes and establishes as a right new forms of
dialogue resulting from cultural goods and services that disseminate cultural
expressions and make them available to all. Each form of creation serves as a
meeting point, opens up new horizons, transforms viewpoints and broadens
the scope of our freedom and choices, thus helping to shape a more humane
world. Each form of creation creates a link between regions, between individuals
and between generations, thus weaving the fabric of tomorrow’s heritage.
By focusing on the diversity of cultural expressions, the Convention contributes
towards making “ the defence of cultural diversity an ethical imperative,
inseparable from respect for human dignity”. By once again turning their
attention to cultural expressions and to full respect for their free dissemination,
the Member States of UNESCO have demonstrated their sense of responsibility
for this inexhaustible source of invention, innovation and imagination that
fosters mutual understanding and dialogue among cultures.
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A n Senlect ede UN xESC O do cume nts
related to cultural diversity
DOCUMENTS ON CULTURAL DIVERSITY
Culture, Creativity and Markets, World Culture Report, Paris, 1998.
Cultural Diversity, Conflict and Pluralism, World Culture Report, Paris, 2000.
Culture, Trade and Globalization, Questions and Answers, Paris, 2000.
International Flows of Selected Cultural Goods, 1980- 98, Institute for Statistics,
Paris, 2000.
UNESCO and the Issue of Cultural Diversity: Review and Strategy, 1946- 2004,
Revised Version, Paris, 2004.
International Flows of Selected Cultural Goods and Services 1994- 2003, Institute
for Statistics/ Sector for Culture, Montreal/ Paris, 2005.
DOCUMENTS RELATING TO THE CONVENTION
Preliminary study on the technical and legal aspects relating to the desirability
of a standard- setting instrument on cultural diversity, Decision 166/ EX/ 3.4.3,
Paris, April 2003.
Desirability of drawing up an international standard- setting instrument on
cultural diversity, 32 C/ 52, , Paris, 18 July 2003.
Desirability of drawing up an international standard- setting instrument on
cultural diversity, Resolution 32 C/ 34, Paris, 17 October 2003.
Report First Meeting of Experts ( category VI) on the First Draft of an International
Convention on the Protection of the Diversity of Cultural Contents and Artistic
Expressions, UNESCO Headquarters, 17- 20 December 2003, CLT/ CPD/ 2003-
608/ 01, Paris, 20 February 2004.
Progress Report on the preparation of a preliminary draft convention on the
protection of the diversity of cultural contents and artistic expressions, 169 EX/
Decision 3.7.2, Paris, April 2004.
Report Second Meeting of Experts ( Category VI) on the Preliminary Draft on
the Convention on the Protection of the Diversity of Cultural Contents and
Artistic Expressions, 30 March – 3 April 2004, CLT/ CPD/ 2004/ 602/ 6, Paris,
14 May 2004.
Report Third Meeting of Experts ( Category VI) on the Preliminary Draft on the
Convention on the Protection of the Diversity of Cultural Contents and Artistic
Expressions, 28 - 31 May 2004, CLT/ CPD/ 2004/ 603/ 5, Paris, 23 June 2004.
Preliminary draft convention on the protection of the diversity of cultural
contents and artistic expressions, Preliminary report of the Director- General,
CLT/ CPD/ 2004/ CONF. 201/ 1, Paris, July 2004.
Preliminary draft of a convention on the protection of the diversity of
cultural contents and artistic expressions, CLT/ CPD/ 2004/ CONF. 201/ 2, Paris,
July 2004.
First session of the intergovernmental meeting of experts on the Preliminary
draft convention on the protection of the diversity of cultural contents and
artistic expressions, Report by the Secretariat, CLT- 2004/ CONF. 201/ 9, Paris,
November 2004.
Preliminary draft convention on the protection of the diversity of cultural
contents and artistic expressions, Drafting Committee, Part I to V, Paris,
December 2004, CLT/ CPD/ 2004/ CONF. 607/ 1 to CLT/ CPD/ 2004 CONF. 607/ 5.
Preliminary draft convention on the protection of the diversity of cultural
contents and artistic expressions, Text revised by the Drafting Committee,
CLT/ CPD/ 2004/ CONF. 607/ 6, Paris, December 2004.
Preliminary report of the Director- General containing two preliminary drafts of
a Convention on the protection of the diversity of cultural contents and artistic
expressions, CLT/ CPD/ 2005/ CONF. 203/ 6, Paris, 3 March 2005.
Report by the Director- General on the progress towards the draft convention
on the protection of the diversity of cultural contents and artistic expressions,
171 EX/ Decision 19, April 2005.
Appendix 2 to the Preliminary report of the Director- General containing
two preliminary drafts of a Convention on the protection of the diversity of
cultural contents and artistic expressions, Consolidated text prepared by the
Chairperson of the intergovernmental meeting, CLT/ CPD/ 2005/ CONF. 203/ 6 -
Add, Paris, 29 April 2005.
Preliminary report by the Director- General setting out the situation to be
regulated and the possible scope of the regulating action proposed, accompanied
by the Preliminary draft of a convention on the protection of the diversity of
cultural contents and artistic expressions, 33 C/ 23, Paris, 4 August 2005.
Report by the Director- General on the progress achieved during the third
session of the intergovernmental meeting of experts on the preliminary draft
convention on the protection of the diversity of cultural contents and artistic
expressions, 172 EX/ Decision 19, September 2005.
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions, 20 October 2005, 33rd session of the General Conference.
14
1
THE CONTEXT........................................................................................................................ ........ 2
1. What is the Convention on the Protection and Promotion of the Diversity of Cultural Expressions? ......... 2
2. What is meant by “ cultural expressions”?.......................................................................................... 2
3. What are the challenges facing the Convention? .............................................................................. 3
4. What are the conceptual foundations of the Convention? ................................................................ 3
5. Why does the Convention not deal with cultural diversity as a whole?.............................................. 3
6. What were the stages that led to the adoption of the Convention? ................................................. 4
THE TEXT ............................................................................................................................... ........ 5
7. What are the objectives of the Convention? ..................................................................................... 5
8. What is the scope of application of the Convention ? ....................................................................... 5
9. What rights does the Convention confer on the Parties?................................................................... 5
10. What are the obligations of the Parties to the Convention? .............................................................. 6
11. What is the role of international cooperation under the Convention? ............................................... 7
12. What principles will guide the States Parties in the implementation of the Convention? ................... 7
OPERATION OF THE CONVENTION ................................................................................................. 8
13. When will the Convention take effect? ............................................................................................. 8
14. What is the procedure for ratifying the Convention?......................................................................... 8
15. What are the follow- up mechanisms? ............................................................................................... 9
16. What is the Conference of Parties? What are its functions? .............................................................. 9
17. What is the Intergovernmental Committee? What are its functions? ............................................... 9
18. What are the functions of the UNESCO Secretariat? ......................................................................... 9
19. What is the role of civil society in the implementation of the Convention?........................................ 10
20. What is the International Fund for Cultural Diversity? ....................................................................... 10
21. How does the dispute settlement mechanism work? ........................................................................ 10
22. Does the Convention define its relationship with other international legal instruments? ................... 11
23. How does the Convention deal with links to other international instruments? .................................. 11
OTHER QUESTIONS...................................................................................................................... .. 12
24. What are the advantages of ratifying the Convention? ..................................................................... 12
25. What are the benefits for developing countries?............................................................................... 12
26. Is the Convention concerned with persons belonging to minorities and indigenous peoples? ................... 12
27. Is the Convention concerned with intellectual property? ................................................................... 13
28. Does the Convention concern itself with linguistic diversity? ............................................................. 13
29. Does the Convention restrict the free flow of ideas and information? Can it be used to justify
censorship?.................................................................................................................... .................. 13
30. Can the Convention have an impact on the trade regime of States Parties? ..................................... 14
30 FREQUENTLY
ASKED
QUESTIONS
CONCERNING
the Convention on the
Protection and Promotion
of the
Diversity of
Cultural
Expressions
2
THE CONTEXT
1WHAT IS THE CONVENTION ON THE PROTECTION AND PROMOTION OF THE
DIVERSITY OF CULTURAL EXPRESSIONS?
Today, cultural ideas and expressions – whether in the form of books, CDs, cassettes, live
performances, radio and television programmes, films, videos, DVDs or Internet – are largely
transmitted through increasingly technical and industrial forms of production and distribution.
Given this radical change in the modes of creation and enjoyment of culture, the question
arises as to whether everyone partakes of the same advantages.
The Convention on the Protection and Promotion of the Diversity of Cultural Expressions,
adopted in 2005 by the UNESCO General Conference, is a binding international legal instrument.
Its goal is to protect and promote the diversity of cultural expressions, particularly as embodied
and conveyed in cultural activities, goods and services, which are the vehicles of contemporary
culture. It sets out to create a legal framework favourable to all with regard to the production,
distribution/ dissemination, access to and enjoyment of a wide range of cultural expressions of
diverse origin.
The Convention highlights the decisive role of cultural policies and defines the rights and
obligations of Parties with regard to the protection and promotion of the diversity of cultural
expressions, both nationally and internationally. States have agreed on the urgent need for
this instrument, given that the accelerating processes of globalization tend to heighten the
disparities between those countries lacking and those possessing the capacity to create,
produce and disseminate their cultural expressions.
2WHAT IS MEANT BY “ CULTURAL EXPRESSIONS”?
The term “ Cultural expressions” refers to the various ways in which the creativity of individuals
and social groups takes shape and manifests itself. These manifestations include expressions
transmitted by words ( literature, tales…), sound ( music…), images ( photos, films…) – in
any format ( printed, audiovisual, digital etc.) – or by activities ( dance, theatre…) or objects
( sculptures, paintings…).
Today, the production and dissemination of cultural expressions increasingly conform to an
industrial and economic logic. Cultural expressions may thus be said to be transmitted largely
through those “ cultural activities, goods and services”, which that have become the main
vehicles of culture. At the same time, they have taken on great economic importance and have
become major stakes in international trade. The dual economic and cultural nature of cultural
activities, goods and services has been progressively recognized, together with the fact that, as
the bearers of identity, values and meaning, they cannot be treated as mere commodities.
By focusing on the protection and promotion of the diversity of cultural expressions, the 2005
Convention takes account of the fact that, in an increasingly interconnected world, each
individual can have freer and more immediate access to a rich diversity of cultural expressions
of domestic or foreign origin, and that this possibility has yet to be fully realized in a world in
need of greater solidarity.
3
3WHAT ARE THE CHALLENGES FACING THE CONVENTION?
The Convention aims to give culture its rightful place on the international political agenda,
particularly by recognizing its symbolic value and that it is indissociable from human well- being.
More precisely, it takes up a number of challenges faced by cultural expressions in our era:
􀁏 􀀃 to recognize the dual economic and cultural nature of cultural activities, goods and services,
which convey and transmit cultural expressions and, in so doing, constitute vehicles of
identity, values and meaning, irrespective of their commercial value.
􀁏 to avoid jeopardizing the cultural expressions of various social groups, including those of
persons belonging to minorities and indigenous peoples.
􀁏 to manage the risks of unbalanced flows of cultural expressions between developed countries
and developing countries.
4WHAT ARE THE CONCEPTUAL FOUNDATIONS OF THE CONVENTION?
The Convention is consistent with UNESCO’s thinking and activity. In this regard, UNESCO’s
Constitution assigns it the dual mandate of “ preserving the […] fruitful diversity of the cultures
[…] of the States Members” and of “ advancing the mutual knowledge and understanding of
peoples, through all means of mass communication and to that end recommend[ ing] such
international agreements as may be necessary to promote the free flow of ideas by word and
image”.
From 1946 to the present day, the issue of cultural diversity has been explicitly or implicitly
addressed by the Organization according to the changing historical or political contexts. Since
the 1990s, in response to the acceleration of the globalization processes, cultural diversity
came to the fore particularly during the Intergovernmental Conference on Cultural Policies
for Development ( Stockholm, 1998), whose action plan provided inspiration for numerous
subsequent works, symposia, and round tables of Culture Ministers as well as for the publication
of a periodical report on culture. In this regard, two World Culture Reports were published:
Culture, Creativity and Markets ( 1998) and Cultural Diversity, Conflict and Pluralism ( 2000).
Drawing on lessons learned from the work accomplished, the UNESCO General Conference
unanimously adopted the UNESCO Universal Declaration on Cultural Diversity in 2001. By raising
cultural diversity to the status of “ common heritage of humanity”, the Declaration recognizes
the need, on the one hand, to ensure a harmonious co- existence between individuals and groups
from diverse cultural horizons, and, on the other hand, to defend a creative capacity through
the many different tangible and intangible forms of cultures.
5WHY DOES THE CONVENTION NOT DEAL WITH CULTURAL DIVERSITY AS A
WHOLE?
It is true that the Convention deals with only one aspect of cultural diversity as defined
by the 2001 Declaration in the following articles: 8 ( cultural goods and services as distinct
commodities), 10 ( reinforcing capacities for creation and dissemination at the global level);
and 11 ( creating partnerships between the public and private sectors and civil society). Other
aspects of cultural diversity are already covered by six international conventions, which have
4
been drawn up progressively at UNESCO: the Universal Copyright Convention ( 1952, revised
in 1971); the Convention for the Protection of Cultural Property in the Event of Armed Conflict
( first protocol 1954, second protocol 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 the 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). Today the three pillars of the
preservation and promotion of creative diversity are: the 1972 Convention concerning the
Protection of the World Cultural and Natural Heritage; the 2003 Convention for the Safeguarding
of the Intangible Cultural Heritage; and the 2005 Convention on the Protection and Promotion
of the Diversity of Cultural Expressions. The latter differs from the other two heritage- related
conventions in that it focuses specifically on the diversity of cultural expressions disseminated
and made accessible largely through cultural activities, goods and services.
6WHAT WERE THE STAGES THAT LED TO THE ADOPTION OF THE
CONVENTION?
The preparatory work on the preliminary draft of the Convention was carried out over a period
of two years. Negotiations were initiated with the adoption of Resolution 32C/ 34, at the 32nd
session of the General Conference ( October 2003). In accordance with this resolution and
with the procedures for the elaboration and adoption of international instruments at UNESCO,
the Director- General first entrusted fifteen independent experts with the task of undertaking
preliminary reflection and submitting to him recommendations on the preparation of a
preliminary draft of a Convention on the Protection of the Diversity of Cultural Contents and
Artistic Expressions. In the course of three meetings, the independent experts succeeded in
drawing up a detailed text.
Following these meetings, Mr Koïchiro Matsuura, Director- General of UNESCO, submitted to
the Member States a preliminary report accompanied by a preliminary draft convention in
mid- July 2004 with a view to gathering their comments and observations by mid- November
2004. At the same time, he undertook consultations with other international governmental
organizations: the World Trade Organization ( WTO), the United Nations Conference on Trade
and Development ( UNCTAD) and the World Intellectual Property Organization ( WIPO), which
forwarded their comments on the preliminary draft convention in November 2004.
The three sessions of the intergovernmental meeting of experts took place between September
2004 and June 2005 so as to enable the representatives of UNESCO’s Member States to discuss
and improve the text drawn up by the group of independent experts. As for the meetings of
the Drafting Committee set up at the first intergovernmental session, they made it possible to
finalize the text of the preliminary draft of the Convention. These different stages culminated
in the adoption of the Convention on the Protection and Promotion of the Diversity of Cultural
Expressions, on 20 October 2005, by the General Conference at its 33rd session ( 148 States
voted in favour, 2 voted against and 4 abstained).
For more information on each stage of the process, see www. unesco. org/ culture/ diversite/
convention
5
THE TEXT
7WHAT ARE THE OBJECTIVES OF THE CONVENTION?
In pursuit of its main objective – the protection and promotion of the diversity of cultural
expressions – the Convention sets out to create a legal framework conducive to the manifestation
and renewal of the diversity of cultural expressions while benefiting societies as a whole
( Article 1). More specifically, it seeks to ensure conditions favouring the creation, production,
distribution/ dissemination of a greater diversity of cultural expressions of varied origins together
with access to and enjoyment of those cultural expressions by all. To this end, the Convention
aims to:
􀁏 reaffirm the sovereign right of States to draw up cultural policies;
􀁏 recognize the specific nature of cultural goods and services as vehicles of identity, values and
meaning; and
􀁏 strengthen international cooperation and solidarity with a view to favouring the cultural
expressions of all countries, in particular those whose cultural goods and services suffer from
lack of access to the means of creation, production and dissemination at the national and
international level.
The Convention thereby seeks to help promote intercultural dialogue based on the equal
dignity of all cultures and encourage sustainable development, which is understood not simply
in terms of economic growth but also as a means of achieving a satisfying intellectual, moral
and spiritual life.
8WHAT IS THE SCOPE OF APPLICATION OF THE CONVENTION?
The Convention defines what a Party to the Convention is authorized or undertakes to do to
protect and promote the diversity of cultural expressions. Consequently, the Convention applies
to “ the policies and measures adopted by the Parties related to the protection and promotion
of the diversity of cultural expressions” ( Article 3). For the purposes of this Convention, “ cultural
policies and measures” are defined as “ those policies and measures relating to culture, whether
at the local, national, regional or international level, that are either focused on culture as such
or are designed to have a direct effect on cultural expressions of individuals, groups or societies,
including on the creation, production, dissemination, distribution of and access to cultural
activities, goods and services” ( Article 4.6). These cultural policies and measures, whose main
lines are set out in Section IV of the Convention entitled “ Rights and Obligations of Parties”, may
be aimed at strengthening local cultural industries, supporting artists and cultural professionals
or boosting arts education among other activities.
9WHAT RIGHTS DOES THE CONVENTION CONFER ON THE PARTIES?
The Convention confers on Parties the sovereign right to formulate and implement their cultural
policies and to adopt measures to protect and promote the diversity of cultural expressions
in conformity with the Charter of the United Nations, the principles of international law and
6
universally recognized human rights instruments ( Article 5). The Convention provides a tentative
list of measures that the Parties may adopt in this regard ( Article 6):
􀁏 regulatory measures aimed at protecting and promoting the diversity of cultural
expressions;
􀁏 measures that provide opportunities for domestic cultural activities, goods and services to
find their place among the whole range of available activities, goods and services;
􀁏 measures aimed at providing independent domestic cultural industries and activities in
the informal sector with effective access to the means of production, dissemination and
distribution of cultural activities, goods and services;
􀁏 measures aimed at providing public financial assistance;
􀁏 measures aimed at encouraging all cultural stakeholders ( public and private institutions,
artists and cultural professionals, non- profit organizations) to promote the free exchange
and circulation of ideas and cultural expressions;
􀁏 measures aimed at supporting public service institutions;
􀁏 measures aimed at encouraging and supporting artists and all creators;
􀁏 measures to promote media diversity, particularly public broadcasting services.
However, the exercise of this right must be in conformity with the provisions of the Convention,
in particular its “ Objectives” and “ Guiding Principles” ( see also Questions 7 and 13).
The Convention also allows Parties to determine the existence of special situations where cultural
expressions on their territory are at risk of extinction, under serious threat, or otherwise in
need of urgent safeguarding, and, thus, take all appropriate measures to protect and preserve
cultural expressions in such situations.
10WHAT ARE THE OBLIGATIONS OF THE PARTIES TO THE CONVENTION?
As a counterpart to the rights granted to them, Parties to the Convention undertake to protect
and promote, domestically and internationally, the diversity of cultural expressions in conformity
with the provisions of the Convention ( Article 5).
One of the first commitments is to promote the diversity of cultural expressions ( Article 7). The
Parties are required to take steps to ensure an environment enabling individuals and social groups
to create, produce, disseminate, distribute and have access to their own cultural expressions as
well as to the full range of cultural expressions worldwide. The Parties also undertake to share
information and ensure transparency ( Article 9). This commitment with regard to transparency
entails submitting a report to UNESCO every four years on measures taken to protect and
promote the diversity of cultural expressions within their territory and at the international level.
Education and public awareness are also obligations devolving upon the Parties ( Article 10). To
this end, Parties are required to encourage and promote understanding of the importance of
the protection and promotion of the diversity of cultural expressions and to cooperate with each
other and with international and regional organizations. Finally, the Parties assume obligations
at the international level concerning cooperation between countries ( Question 11) and the role
to be played by civil society ( Question 19).
7
11WHAT IS THE ROLE OF INTERNATIONAL COOPERATION UNDER THE
CONVENTION?
The Convention attaches considerable importance to international cooperation, which Parties
are required to promote ( Articles 12 and 14). International solidarity is an effective response
to the inequalities between States with regard to the means available to cultural expressions.
The above- mentioned articles set forth practical lines of action based on partnership. They aim
to increase capacities for the creation, production, dissemination and distribution of cultural
expressions so that Parties, particularly those whose cultural expressions are in danger and/
or who lack the means to ensure their protection and promotion, can rely on international
solidarity.
This solidarity, as expressed for example through preferential treatment for developing
countries ( Article 16) and a readiness to provide mutual assistance in situations where cultural
expressions are seriously threatened ( Article 17), is aimed at reducing in a concrete manner
the risks of disparity that globalization processes are liable to pose for the diversity of cultural
expressions.
12WHAT ARE THE GUIDING PRINCIPLES FOR IMPLEMENTATION OF THE
CONVENTION BY THE STATES PARTIES?
The rights granted to Parties, and their corresponding commitments, are not to be implemented
in any manner a Party pleases. In keeping with the provisions of the Convention, rights must
be exercised and obligations assumed, in particular in the light of its purposes and goals. In
this connection, the Convention lays down in Article 2 a number of principles that should
guide Parties in their interpretation and implementation of the Convention. These principles
include respect for human rights and fundamental freedoms, such as freedom of expression,
information and communication. The principle of openness and balance is fundamental since it
specifies that States, through the policies and measures they adopt, should constantly seek to
promote, in an appropriate manner, openness to other cultures of the world. This principle of
openness is in itself a guarantee of cultural diversity. Respect for the principle of the equality of
all cultures is essential in the development of policies and measures, which should take special
account of the cultural expressions of persons belonging to minorities and indigenous peoples.
Respect for the principle of equitable access, guaranteeing every individual effective enjoyment
of a wide range of cultural expressions, is also crucial to ensuring that cultural diversity is shared
and perpetuated. Lastly, mention should be made of the principle of the complementarity of
the economic and cultural aspects of development, as well as that of sustainable development,
on which the Convention places special emphasis.
9
15 WHAT ARE THE FOLLOW- UP MECHANISMS?
The Convention establishes two bodies responsible for implementing and monitoring the
Convention: the Conference of Parties and the Intergovernmental Committee for the Protection
and Promotion of the Diversity of Cultural Expressions, which is assisted by the UNESCO
Secretariat. The first meeting of the Conference of Parties and that of the Intergovernmental
Committee will have a key role to play in the effective implementation of the Convention.
16 WHAT IS THE CONFERENCE OF PARTIES? WHAT ARE ITS FUNCTIONS?
The Conference of Parties is the assembly of all the Parties to the Convention and is the
Convention’s plenary and supreme body ( Article 22). It will meet in ordinary session every two
years and, if necessary, in extraordinary session. Its functions are the following: to elect the
Members of the Intergovernmental Committee; to approve the operational guidelines prepared
by the Committee for the implementation and application of the Convention; and to examine
the reports of the Parties on the measures they have taken with respect to the Convention
( Articles 18.4 and 22.4. b). The Conference of Parties can also take whatever other measures it
may consider necessary to further the objectives of the Convention. Moreover, the Conference
of Parties approves the Committee’s rules of procedure and the basic guidelines for using the
resources of the International Fund for Cultural Diversity.
17 WHAT IS THE INTERGOVERNMENTAL COMMITTEE? WHAT ARE ITS
FUNCTIONS?
The Intergovernmental Committee is the body responsible for promoting the objectives of the
Convention and encouraging and monitoring the implementation thereof ( Article 23). The
members of the Committee are elected by the Conference of Parties for a term of four years.
The main functions of the Intergovernmental Committee include: preparing operational
guidelines for the implementation and application of the Convention; transmitting to the
Conference of Parties reports from Parties to the Convention together with its comments and
a summary of their contents; and deciding on the use of the International Fund for Cultural
Diversity. In addition, the Committee serves as an advisory body since it is required to make
recommendations on situations brought to its attention by the Parties, particularly in cases
where cultural expressions are “ at risk of extinction, under serious threat or otherwise in need of
urgent safeguarding” ( Articles 8 and 23.6. d). The Intergovernmental Committee also establishes
procedures and other mechanisms for consultation aimed at promoting the objectives and
principles of the Convention in other international forums.
18 WHAT ARE THE FUNCTIONS OF THE UNESCO SECRETARIAT?
The UNESCO Secretariat assists the Conference of Parties and the Intergovernmental Committee
in organizing their meetings and prepares the relevant documentation ( Article 24). The
Secretariat also assists in and reports on the implementation of their decisions.
10
UNESCO will also facilitate, through existing Secretariat mechanisms such as the Institute for
Statistics, the collection, analysis and dissemination of all relevant information, statistics and best
practices relating to the diversity of cultural expressions. UNESCO will furthermore establish and
update a databank on different sectors and governmental, private and non- profit organizations
involved in the area of cultural expressions ( Article 19).
19 WHAT IS THE ROLE OF CIVIL SOCIETY IN THE IMPLEMENTATION OF THE
CONVENTION?
Civil society is not only a beneficiary of the Convention but also a partner in its implementation.
Non- governmental organizations representing cultural professionals, for example, have actively
participated in the process of drawing up the Convention, and it is important that civil society
should henceforth play a part in its implementation. In this respect, the Convention explicitly
recognizes the “ fundamental role of civil society in the protection and promotion of the diversity
of cultural expressions” and calls on Parties to strengthen partnerships with civil society, non-governmental
organizations and the private sector in pursuit of the objectives of the Convention
( Articles 11, 12. c, 12. d).
The Intergovernmental Committee may also invite at any time public or private organizations or
individuals to participate in its meetings for consultation on specific issues ( Article 23.7).
20 WHAT IS THE INTERNATIONAL FUND FOR CULTURAL DIVERSITY?
The International Fund for Cultural Diversity established under the Constitution ( Article 18)
is a funds- in- trust placed at the disposal of Parties, particularly developing countries, to help
them implement and apply the Convention. Use of the Fund’s resources is decided by the
Intergovernmental Committee in accordance with the guidelines provided by the Conference
of Parties.
The resources of the Fund will consist, in particular, of voluntary contributions made by the
Parties and gifts or bequests by other States, other regional and international organizations,
public or private bodies and individuals. Resources may also take the form of funds raised
through collections and receipts from events organized for the benefit of the Fund.
21 HOW DOES THE DISPUTE SETTLEMENT MECHANISM WORK?
Provision is made for a dispute settlement mechanism to address any divergences of view
between Parties on the interpretation or application of certain rules or principles relating to the
Convention ( Article 25). This mechanism obliges the Parties to negotiate in the first instance
before having recourse to mediation and good offices.
If the Parties are unable to agree on a solution to the dispute by one or other of these means,
they can have recourse to conciliation. This procedure can be set in motion at the request of a
single party to the dispute. However, the Parties may choose not to recognize this procedure
simply by making a declaration to that effect at the time of ratification, acceptance, approval
or accession. In this sense, the Convention places its own mechanism at the disposal of Parties
11
wishing to make use of it to facilitate the effective settlement of conflicts with other Parties that
have also accepted it.
Finally, the dispute settlement mechanism only commits the Parties to the Convention,
which are necessarily States or regional economic integration organizations. Thus, while the
Convention recognizes in many respects the important role of civil society and the private sector
in the protection and promotion of the diversity of cultural expressions, the dispute settlement
mechanism is not made available to actors not party to the Convention ( such as enterprises),
which are not legally bound by the Convention.
2 DOES THE CONVENTION DEFINE ITS RELATIONSHIP WITH OTHER
INTERNATIONAL LEGAL INSTRUMENTS?
The Convention is an international legal instrument dealing with the diversity of cultural expressions.
Although its scope of application is confined “ to the policies and measures adopted by the Parties
related to the protection and promotion of the diversity of cultural expressions” ( Article 3, see
Question 8), the implementation of the provisions of the Convention may reveal certain points
of interaction between the rights and obligations of Parties contained in this new treaty and the
rights and obligations deriving from other international instruments to which they are party.
In this respect, Article 20 of the Convention defines the relationship with other international
treaties and specifies the linkage between these treaties in the case of an overlap of rights and
obligations. According to this article, the Parties must perform in good faith their obligations under
the Convention as well as those under all other treaties they have signed, without subordinating
the said Convention to the other treaties. To this end, the Convention calls on the Parties to foster
mutual supportiveness between the Convention and the other treaties. It also calls on them to
take into account the relevant provisions of the Convention when interpreting or applying the
other treaties to which they are parties or when entering into other international obligations.
23 HOW DOES THE CONVENTION DEAL WITH THE LINKS TO OTHER
INTERNATIONAL INSTRUMENTS?
Article 20 of the Convention specifies that nothing in the Convention shall be interpreted as
modifying the rights and obligations of the Parties under any other treaties to which they are
parties.
This provision applies to all treaties, whether they are already in force or in preparation. Thus, Article
20 faithfully reflects one of the main objectives of the Convention, namely to recognize the dual
economic and cultural nature of cultural activities, goods and services. All fields of international
legislation likely to interact with the implementation of the Convention are envisaged in a spirit
of complementarity and mutual supportiveness; while all international treaties have different
objectives, these objectives can be pursued in a compatible and complementary manner.
Finally, in the interests of concerted action and coordination between international legal
instruments, the Parties also undertake to promote the objectives and principles of the
Convention in other international forums and to consult each other to that end ( Article 21). This
is another way of acknowledging the interactions liable to arise between the Convention and
other international treaties, and Parties are responsible for building such “ bridges” between the
different international negotiation forums.
12
OTHER QUESTIONS
24 WHAT ARE THE ADVANTAGES OF RATIFYING THE CONVENTION?
The merit of the Convention lies in the place it assigns to creativity in the context of globalization.
The overall effect of its provisions is to benefit individuals and societies as a whole by guaranteeing
them the enjoyment of a diversity of cultural expressions in a spirit of openness, balance and
freedom.
Foremost among the beneficiaries are countries lacking the capacities for the production and
dissemination of their cultural expressions, particularly developing countries. The Convention
will also have positive effects for artists and culture professionals and practitioners, i. e., all those
involved in the process of creating, producing and disseminating cultural expressions, whether
individually or collectively. Other beneficiaries will be institutions and cultural enterprises,
both public and private, including those belonging to the informal sector as well as non- profit
organizations engaged in the same process.
25 WHAT ARE THE BENEFITS FOR DEVELOPING COUNTRIES?
While the developing countries are rich in terms of creativity and cultural expressions, there is
a genuine disparity between the capacities of the developed and developing countries when
it comes to producing and disseminating their own cultural expressions, thereby reducing the
possibilities of developing countries to contribute actively to diversity at the international level.
A number of provisions in the Convention are therefore aimed at developing countries. These
provisions call for several measures including: the strengthening of their cultural industries
and their institutional and management capacities, the transfer of technology and know- how,
and different forms of financial assistance ( Article 14). Support for some of these cooperation
projects could be provided by the International Fund ( Article 18).
26 IS THE CONVENTION CONCERNED WITH PERSONS BELONGING TO
MINORITIES AND INDIGENOUS PEOPLES?
Although it is not specifically devoted to the cultural expressions of minorities and indigenous
peoples per se, the text of the Convention recognizes the importance of these expressions for
the diversity of cultural expressions. Accordingly, the Convention’s Preamble reminds us of the
importance of traditional forms of knowledge – particularly knowledge systems of indigenous
peoples – as a source of intangible and material wealth and of their positive contribution to
sustainable development. Morevover, the Convention affirms the principle of the equal dignity
of and respect for all cultures, including the cultures of persons belonging to minorities and
indigenous peoples ( Article 2.3). It also calls on the Parties to pay “ due attention to the special
circumstances and needs of various social groups, including persons belonging to minorities and
indigenous peoples” ( Article 7.1. a) as regards the exercise of their rights at the national level.
Persons belonging to minorities and indigenous peoples are the depositories of knowledge
occupying a special place in the diversity of cultural expressions in terms of the wide range
and originality of the world views they transmit. However, their cultural expressions are often
weakened. For this reason, they will likely become a priority under this Convention.
13
27 IS THE CONVENTION CONCERNED WITH INTELLECTUAL PROPERTY?
The Convention does not deal specifically with intellectual property, which at the international
level falls mainly within the remit of the World Intellectual Property Organization ( WIPO), with
which UNESCO has consulted informally in the framework of the preparation of this instrument.
However, the Convention does not overlook the importance of intellectual property rights in the
protection and promotion of the diversity of cultural expressions. In its Preamble, the Convention
recognizes the importance of these rights for individuals participating in cultural creativity
( paragraph 17) and the need to ensure the protection and promotion of traditional knowledge
– particularly the knowledge systems of indigenous peoples – as a source of intangible and
material wealth ( paragraph 8).
28 DOES THE CONVENTION CONCERN ITSELF WITH LINGUISTIC DIVERSITY?
Languages are an intrinsic part of the diversity of cultural expressions. The fundamental role of
linguistic diversity in the promotion of cultural diversity is accordingly underlined in the Preamble.
Moreover, Article 6.2. b, concerning the measures that could be taken by the Parties to the
Convention to provide, in an appropriate manner, opportunities for domestic cultural activities,
goods and services among all those available within the national territory, also refers to measures
relating to the language used in such activities, goods and services. That is to say that the
Parties, in the context of the policies and measures they are authorized to implement to foster
the diversity of cultural expressions, may also, while respecting fundamental freedoms and the
principles of balance and openness inherent in the Convention, foster linguistic diversity in the
different stages of creation, production, dissemination and distribution of cultural expressions
through cultural activities, goods and services ( see Question 9).
29 DOES THE CONVENTION RESTRICT THE FREE FLOW OF IDEAS AND
INFORMATION? CAN IT BE USED TO JUSTIFY CENSORSHIP?
The Preamble to the Convention reaffirms that “ freedom of thought, expression and information,
as well as diversity of the media, enable cultural expressions to flourish within societies”
( paragraph 12). In addition, the first guiding principle refers to the respect for human rights and
fundamental freedoms as enshrined in the Universal Declaration of Human Rights ( Article 2.1).
Consequently, the Convention can only be diverted from its purposes insofar as States violate
human rights as recognized in international legal instruments.
While the Convention reaffirms the sovereign right of States to adopt policies and measures to
foster the diversity of cultural expressions, it specifies that the latter should be respectful of its
provisions and therefore of the objectives, principles, rights and obligations that it sets forth. Far
from favouring censorship, the Convention provides additional safeguards to existing provisions
for the protection of fundamental rights.
The risk of government censorship is all the less likely since the principle of the sovereignty of
Parties to the Convention is coupled with the the “ principle of openness and balance” ( Article
2.8) stipulating that States, by adopting these policies and measures, “ should seek to promote,
in an appropriate manner, openness to other cultures of the world ...”. This openness moreover
takes the form of rights and obligations since under Article 7 “ Parties shall endeavour to create
in their territory an environment which encourages individuals and social groups (...) to have
14
access to diverse local expressions from within their territory as well as from other countries of
the world”. Finally, Parties must see to the sharing and transparency of information by providing
every four years, in their reports to UNESCO, appropriate information on measures taken to
protect and promote the diversity of cultural expressions ( Article 9).
30 CAN THE CONVENTION HAVE AN IMPACT ON THE TRADE REGIMES OF
STATES PARTIES?
The Convention concerns the diversity of cultural expressions and is aimed at protecting and
promoting this diversity, in particular through cultural policies and measures and through the
strengthening of international cooperation. However, some consider that such policies and
measures – aimed, for example, at encouraging domestic artists and local productions – may
have an impact on the trade regime of States Parties.
Once the Convention has entered into force for States and regional economic integration
organizations, it will neither change nor modify the rights and obligations deriving from other
legal instruments to which they are parties, including international trade agreements, whether
at the bilateral, regional or multilateral level.
Completing the series of UNESCO’s standard- setting instruments in the field of culture, the
Convention does not call into question the independence or the autonomy of international
trade law. In this connection, it is important to note that the term “ protection”, employed in the
context of this Convention refers to the: “ the adoption of measures aimed at the preservation,
safeguarding and enhancement of the diversity of cultural expressions” ( Article 4.7). This is
the sense in which it is used in various UNESCO instruments in the cultural field, such as the
1972 Convention concerning the Protection of the Cultural and Natural Heritage, the 2001
Convention on the Protection of the Underwater Cultural Heritage, and the 2003 Convention on
the Safeguarding of the Intangible Cultural Heritage. In this Convention, the term “ protection”,
coupled with the term “ promotion” reflects the need to safeguard the vitality – if not the
survival – of cultural expressions placed at risk by the accelerating processes of globalization.
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CONVENTION
on the Protection and
Promotion of the
Diversity of
Cultural
Expressions
Paris, 20 October 2005
The General Conference of the United Nations Educational, Scientific and Cultural
Organization, meeting in Paris from 3 to 21 October 2005 at its 33rd session,
Affirming that cultural diversity is a defining characteristic of humanity,
Conscious that cultural diversity forms a common heritage of humanity and should be
cherished and preserved for the benefit of all,
Being aware that cultural diversity creates a rich and varied world, which increases the
range of choices and nurtures human capacities and values, and therefore is a mainspring
for sustainable development for communities, peoples and nations,
Recalling that cultural diversity, flourishing within a framework of democracy, tolerance,
social justice and mutual respect between peoples and cultures, is indispensable for peace
and security at the local, national and international levels,
Celebrating the importance of cultural diversity for the full realization of human rights and
fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other
universally recognized instruments,
Emphasizing the need to incorporate culture as a strategic element in national and
international development policies, as well as in international development cooperation,
taking into account also the United Nations Millennium Declaration ( 2000) with its special
emphasis on poverty eradication,
Taking into account that culture takes diverse forms across time and space and that this
diversity is embodied in the uniqueness and plurality of the identities and cultural expressions
of the peoples and societies making up humanity,
Recognizing the importance of traditional knowledge as a source of intangible and material
wealth, and in particular the knowledge systems of indigenous peoples, and its positive
contribution to sustainable development, as well as the need for its adequate protection
and promotion,
Recognizing the need to take measures to protect the diversity of cultural expressions,
including their contents, especially in situations where cultural expressions may be
threatened by the possibility of extinction or serious impairment,
Emphasizing the importance of culture for social cohesion in general, and in particular its
potential for the enhancement of the status and role of women in society,
Being aware that cultural diversity is strengthened by the free flow of ideas, and that it is
nurtured by constant exchanges and interaction between cultures,
Reaffirming that freedom of thought, expression and information, as well as diversity of the
media, enable cultural expressions to flourish within societies,
Recognizing that the diversity of cultural expressions, including traditional cultural expressions,
is an important factor that allows individuals and peoples to express and to share with others
their ideas and values,
Recalling that linguistic diversity is a fundamental element of cultural diversity, and reaffirming
the fundamental role that education plays in the protection and promotion of cultural
expressions,
Taking into account the importance of the vitality of cultures, including for persons belonging
to minorities and indigenous peoples, as manifested in their freedom to create, disseminate
and distribute their traditional cultural expressions and to have access thereto, so as to benefit
them for their own development,
Emphasizing the vital role of cultural interaction and creativity, which nurture and renew
cultural expressions and enhance the role played by those involved in the development of
culture for the progress of society at large,
Recognizing the importance of intellectual property rights in sustaining those involved in
cultural creativity,
Being convinced that cultural activities, goods and services have both an economic and a
cultural nature, because they convey identities, values and meanings, and must therefore not
be treated as solely having commercial value,
Noting that while the processes of globalization, which have been facilitated by the rapid
development of information and communication technologies, afford unprecedented
conditions for enhanced interaction between cultures, they also represent a challenge for
cultural diversity, namely in view of risks of imbalances between rich and poor countries,
Being aware of UNESCO’s specific mandate to ensure respect for the diversity of cultures and
to recommend such international agreements as may be necessary to promote the free flow
of ideas by word and image,
Referring to the provisions of the international instruments adopted by UNESCO relating to
cultural diversity and the exercise of cultural rights, and in particular the Universal Declaration
on Cultural Diversity of 2001,
Adopts this Convention on 20 October 2005.
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I. Objectives and guiding principles
Article 1 – OBJECTIVES
The objectives of this Convention are:
( a) to protect and promote the diversity of cultural expressions;
( b) to create the conditions for cultures to flourish and to freely interact in a mutually beneficial manner;
( c) to encourage dialogue among cultures with a view to ensuring wider and balanced cultural exchanges in the
world in favour of intercultural respect and a culture of peace;
( d) to foster interculturality in order to develop cultural interaction in the spirit of building bridges among
peoples;
( e) to promote respect for the diversity of cultural expressions and raise awareness of its value at the local,
national and international levels;
( f) to reaffirm the importance of the link between culture and development for all countries, particularly for
developing countries, and to support actions undertaken nationally and internationally to secure recognition
of the true value of this link;
( g) to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity,
values and meaning;
( h) to reaffirm the sovereign rights of States to maintain, adopt and implement policies and measures that
they deem appropriate for the protection and promotion of the diversity of cultural expressions on their
territory;
( i) to strengthen international cooperation and solidarity in a spirit of partnership with a view, in particular, to
enhancing the capacities of developing countries in order to protect and promote the diversity of cultural
expressions.
Article 2 – GUIDING PRINCIPLES
1. Principle of respect for human rights and fundamental freedoms
Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom
of expression, information and communication, as well as the ability of individuals to choose cultural expressions,
are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and
fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international
law, or to limit the scope thereof.
2. Principle of sovereignty
States have, in accordance with the Charter of the United Nations and the principles of international law, the
sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions within
their territory.
3. Principle of equal dignity of and respect for all cultures
The protection and promotion of the diversity of cultural expressions presuppose the recognition of equal dignity of
and respect for all cultures, including the cultures of persons belonging to minorities and indigenous peoples.
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4. Principle of international solidarity and cooperation
International cooperation and solidarity should be aimed at enabling countries, especially developing countries, to
create and strengthen their means of cultural expression, including their cultural industries, whether nascent or
established, at the local, national and international levels.
5. Principle of the complementarity of economic and cultural aspects of development
Since culture is one of the mainsprings of development, the cultural aspects of development are as important as its
economic aspects, which individuals and peoples have the fundamental right to participate in and enjoy.
6. Principle of sustainable development
Cultural diversity 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.
7. Principle of equitable access
Equitable access to a rich and diversified range of cultural expressions from all over the world and access of cultures
to the means of expressions and dissemination constitute important elements for enhancing cultural diversity and
encouraging mutual understanding.
8. Principle of openness and balance
When States adopt measures to support the diversity of cultural expressions, they should seek to promote, in an
appropriate manner, openness to other cultures of the world and to ensure that these measures are geared to the
objectives pursued under the present Convention.
II. Scope of application
Article 3 – SCOPE OF APPLICATION
This Convention shall apply to the policies and measures adopted by the Parties related to the protection and
promotion of the diversity of cultural expressions.
III. Definitions
Article 4 – DEFINITIONS
For the purposes of this Convention, it is understood that:
1. Cultural diversity
“ Cultural diversity” refers to the manifold ways in which the cultures of groups and societies find expression. These
expressions are passed on within and among groups and societies.
Cultural diversity is made manifest not only through the varied ways in which the cultural heritage of humanity
is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse
modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and
technologies used.
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2. Cultural content
“ Cultural content” refers to the symbolic meaning, artistic dimension and cultural values that originate from or
express cultural identities.
3. Cultural expressions
“ Cultural expressions” are those expressions that result from the creativity of individuals, groups and societies, and
that have cultural content.
4. Cultural activities, goods and services
“ Cultural activities, goods and services” refers to those activities, goods and services, which at the time they are
considered as a specific attribute, use or purpose, embody or convey cultural expressions, irrespective of the
commercial value they may have. Cultural activities may be an end in themselves, or they may contribute to the
production of cultural goods and services.
5. Cultural industries
“ Cultural industries” refers to industries producing and distributing cultural goods or services as defined in
paragraph 4 above.
6. Cultural policies and measures
“ Cultural policies and measures” refers to those policies and measures relating to culture, whether at the local,
national, regional or international level that are either focused on culture as such or are designed to have a
direct effect on cultural expressions of individuals, groups or societies, including on the creation, production,
dissemination, distribution of and access to cultural activities, goods and services.
7. Protection
“ Protection” means the adoption of measures aimed at the preservation, safeguarding and enhancement of the
diversity of cultural expressions.
“ Protect” means to adopt such measures.
8. Interculturality
“ Interculturality” refers to the existence and equitable interaction of diverse cultures and the possibility of generating
shared cultural expressions through dialogue and mutual respect.
IV. Rights and obligations of Parties
Article 5 – GENERAL RULE REGARDING RIGHTS AND OBLIGATIONS
1. The Parties, in conformity with the Charter of the United Nations, the principles of international law and universally
recognized human rights instruments, reaffirm their sovereign right to formulate and implement their cultural
policies and to adopt measures to protect and promote the diversity of cultural expressions and to strengthen
international cooperation to achieve the purposes of this Convention.
2. When a Party implements policies and takes measures to protect and promote the diversity of cultural expressions
within its territory, its policies and measures shall be consistent with the provisions of this Convention.
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Article 6 – RIGHTS OF PARTIES AT THE NATIONAL LEVEL
1. Within the framework of its cultural policies and measures as defined in Article 4.6 and taking into account its
own particular circumstances and needs, each Party may adopt measures aimed at protecting and promoting the
diversity of cultural expressions within its territory.
2. Such measures may include the following:
( a) regulatory measures aimed at protecting and promoting diversity of cultural expressions;
( b) measures that, in an appropriate manner, provide opportunities for domestic cultural activities, goods and
services among all those available within the national territory for the creation, production, dissemination,
distribution and enjoyment of such domestic cultural activities, goods and services, including provisions
relating to the language used for such activities, goods and services;
( c) measures aimed at providing domestic independent cultural industries and activities in the informal sector
effective access to the means of production, dissemination and distribution of cultural activities, goods and
services;
( d) measures aimed at providing public financial assistance;
( e) measures aimed at encouraging non- profit organizations, as well as public and private institutions and artists
and other cultural professionals, to develop and promote the free exchange and circulation of ideas, cultural
expressions and cultural activities, goods and services, and to stimulate both the creative and entrepreneurial
spirit in their activities;
( f) measures aimed at establishing and supporting public institutions, as appropriate;
( g) measures aimed at nurturing and supporting artists and others involved in the creation of cultural
expressions;
( h) measures aimed at enhancing diversity of the media, including through public service broadcasting.
Article 7 – MEASURES TO PROMOTE CULTURAL EXPRESSIONS
1. Parties shall endeavour to create in their territory an environment which encourages individuals and social
groups:
( a) to create, produce, disseminate, distribute and have access to their own cultural expressions, paying due
attention to the special circumstances and needs of women as well as various social groups, including
persons belonging to minorities and indigenous peoples;
( b) to have access to diverse cultural expressions from within their territory as well as from other countries of
the world.
2. Parties shall also endeavour to recognize the important contribution of artists, others involved in the creative
process, cultural communities, and organizations that support their work, and their central role in nurturing the
diversity of cultural expressions.
Article 8 – MEASURES TO PROTECT CULTURAL EXPRESSIONS
1. Without prejudice to the provisions of Articles 5 and 6, a Party may determine the existence of special situations
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where cultural expressions on its territory are at risk of extinction, under serious threat, or otherwise in need of
urgent safeguarding.
2. Parties may take all appropriate measures to protect and preserve cultural expressions in situations referred to
in paragraph 1 in a manner consistent with the provisions of this Convention.
3. Parties shall report to the Intergovernmental Committee referred to in Article 23 all measures taken to meet the
exigencies of the situation, and the Committee may make appropriate recommendations.
Article 9 – INFORMATION SHARING AND TRANSPARENCY
Parties shall:
( a) provide appropriate information in their reports to UNESCO every four years on measures taken to protect
and promote the diversity of cultural expressions within their territory and at the international level;
( b) designate a point of contact responsible for information sharing in relation to this Convention;
( c) share and exchange information relating to the protection and promotion of the diversity of cultural
expressions.
Article 10 – EDUCATION AND PUBLIC AWARENESS
Parties shall:
( a) encourage and promote understanding of the importance of the protection and promotion of the diversity
of cultural expressions, inter alia, through educational and greater public awareness programmes;
( b) cooperate with other Parties and international and regional organizations in achieving the purpose of this
article;
( c) endeavour to encourage creativity and strengthen production capacities by setting up educational, training
and exchange programmes in the field of cultural industries. These measures should be implemented in a
manner which does not have a negative impact on traditional forms of production.
Article 11 – PARTICIPATION OF CIVIL SOCIETY
Parties acknowledge the fundamental role of civil society in protecting and promoting the diversity of cultural
expressions. Parties shall encourage the active participation of civil society in their efforts to achieve the objectives
of this Convention.
Article 12 – PROMOTION OF INTERNATIONAL COOPERATION
Parties shall endeavour to strengthen their bilateral, regional and international cooperation for the creation of
conditions conducive to the promotion of the diversity of cultural expressions, taking particular account of the
situations referred to in Articles 8 and 17, notably in order to:
( a) facilitate dialogue among Parties on cultural policy;
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( b) enhance public sector strategic and management capacities in cultural public sector institutions, through
professional and international cultural exchanges and sharing of best practices;
( c) reinforce partnerships with and among civil society, non- governmental organizations and the private sector
in fostering and promoting the diversity of cultural expressions;
( d) promote the use of new technologies, encourage partnerships to enhance information sharing and cultural
understanding, and foster the diversity of cultural expressions;
( e) encourage the conclusion of co- production and co- distribution agreements.
Article 13 – INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT
Parties shall endeavour to integrate culture in their development policies at all levels for the creation of conditions
conducive to sustainable development and, within this framework, foster aspects relating to the protection and
promotion of the diversity of cultural expressions.
Article 14 – COOPERATION FOR DEVELOPMENT
Parties shall endeavour to support cooperation for sustainable development and poverty reduction, especially in
relation to the specific needs of developing countries, in order to foster the emergence of a dynamic cultural sector
by, inter alia, the following means:
( a) the strengthening of the cultural industries in developing countries through:
( I) creating and strengthening cultural production and distribution capacities in developing countries;
( II) facilitating wider access to the global market and international distribution networks for their cultural
activities, goods and services;
( III) enabling the emergence of viable local and regional markets;
( IV) adopting, where possible, appropriate measures in developed countries with a view to facilitating access
to their territory for the cultural activities, goods and services of developing countries;
( V) providing support for creative work and facilitating the mobility, to the extent possible, of artists from
the developing world;
( VI) encouraging appropriate collaboration between developed and developing countries in the areas, inter
alia, of music and film;
( b) capacity- building through the exchange of information, experience and expertise, as well as the training of
human resources in developing countries, in the public and private sector relating to, inter alia, strategic
and management capacities, policy development and implementation, promotion and distribution of
cultural expressions, small-, medium- and micro- enterprise development, the use of technology, and skills
development and transfer;
( c) technology transfer through the introduction of appropriate incentive measures for the transfer of technology
and know- how, especially in the areas of cultural industries and enterprises;
( d) financial support through:
( I) the establishment of an International Fund for Cultural Diversity as provided in Article 18;
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( ii) the provision of official development assistance, as appropriate, including technical assistance, to
stimulate and support creativity;
( iii) other forms of financial assistance such as low interest loans, grants and other funding mechanisms.
Article 15 – COLLABORATIVE ARRANGEMENTS
Parties shall encourage the development of partnerships, between and within the public and private sectors and
non- profit organizations, in order to cooperate with developing countries in the enhancement of their capacities in
the protection and promotion of the diversity of cultural expressions. These innovative partnerships shall, according
to the practical needs of developing countries, emphasize the further development of infrastructure, human
resources and policies, as well as the exchange of cultural activities, goods and services.
Article 16 – PREFERENTIAL TREATMENT FOR DEVELOPING COUNTRIES
Developed countries shall facilitate cultural exchanges with developing countries by granting, through the
appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals
and practitioners, as well as cultural goods and services from developing countries.
Article 17 – INTERNATIONAL COOPERATION IN SITUATIONS OF SERIOUS THREAT TO CULTURAL
EXPRESSIONS
Parties shall cooperate in providing assistance to each other, and, in particular to developing countries, in situations
referred to under Article 8.
Article 18 – INTERNATIONAL FUND FOR CULTURAL DIVERSITY
1. An International Fund for Cultural Diversity, hereinafter referred to as “ the Fund”, is hereby established.
2. The Fund shall consist of funds- in- trust established in accordance with the Financial Regulations of UNESCO.
3. The resources of the Fund shall consist of:
( a) voluntary contributions made by Parties;
( b) funds appropriated for this purpose by the General Conference of UNESCO;
( c) contributions, gifts or bequests by other States; organizations and programmes of the United Nations
system, other regional or international organizations; and public or private bodies or individuals;
( d) any interest due on resources of the Fund;
( e) funds raised through collections and receipts from events organized for the benefit of the Fund;
( f) any other resources authorized by the Fund’s regulations.
4. The use of resources of the Fund shall be decided by the Intergovernmental Committee on the basis of guidelines
determined by the Conference of Parties referred to in Article 22.
5. The Intergovernmental Committee may accept contributions and other forms of assistance for general and
specific purposes relating to specific projects, provided that those projects have been approved by it.
6. No political, economic or other conditions that are incompatible with the objectives of this Convention may be
attached to contributions made to the Fund.
7. Parties shall endeavour to provide voluntary contributions on a regular basis towards the implementation of this
Convention.
Article 19 – EXCHANGE, ANALYSIS AND DISSEMINATION OF INFORMATION
1. Parties agree to exchange information and share expertise concerning data collection and statistics on the
diversity of cultural expressions as well as on best practices for its protection and promotion.
2. UNESCO shall facilitate, through the use of existing mechanisms within the Secretariat, the collection, analysis
and dissemination of all relevant information, statistics and best practices.
3. UNESCO shall also establish and update a data bank on different sectors and governmental, private and non-profit
organizations involved in the area of cultural expressions.
4. To facilitate the collection of data, UNESCO shall pay particular attention to capacity- building and the strengthening
of expertise for Parties that submit a request for such assistance.
5. The collection of information identified in this Article shall complement the information collected under the
provisions of Article 9.
V. Relationship to other instruments
Article 20 – RELATIONSHIP TO OTHER TREATIES: MUTUAL SUPPORTIVENESS, COMPLEMENTARITY AND
NON- SUBORDINATION
1. Parties recognize that they shall perform in good faith their obligations under this Convention and all other
treaties to which they are parties. Accordingly, without subordinating this Convention to any other treaty,
( a) they shall foster mutual supportiveness between this Convention and the other treaties to which they are
parties; and
( b) when interpreting and applying the other treaties to which they are parties or when entering into other
international obligations, Parties shall take into account the relevant provisions of this Convention.
2. Nothing in this Convention shall be interpreted as modifying rights and obligations of the Parties under any other
treaties to which they are parties.
Article 21 – INTERNATIONAL CONSULTATION AND COORDINATION
Parties undertake to promote the objectives and principles of this Convention in other international forums. For this
purpose, Parties shall consult each other, as appropriate, bearing in mind these objectives and principles.
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VI. Organs of the Convention
Article 22 – CONFERENCE OF PARTIES
1. A Conference of Parties shall be established. The Conference of Parties shall be the plenary and supreme body
of this Convention.
2. The Conference of Parties shall meet in ordinary session every two years, as far as possible, in conjunction with
the General Conference of UNESCO. It may meet in extraordinary session if it so decides or if the Intergovernmental
Committee receives a request to that effect from at least one- third of the Parties.
3. The Conference of Parties shall adopt its own rules of procedure.
4. The functions of the Conference of Parties shall be, inter alia:
( a) to elect the Members of the Intergovernmental Committee;
( b) to receive and examine reports of the Parties to this Convention transmitted by the Intergovernmental
Committee;
( c) to approve the operational guidelines prepared upon its request by the Intergovernmental Committee;
( d) to take whatever other measures it may consider necessary to further the objectives of this Convention.
Article 23 – INTERGOVERNMENTAL COMMITTEE
1. An Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions,
hereinafter referred to as “ the Intergovernmental Committee”, shall be established within UNESCO. It shall be
composed of representatives of 18 States Parties to the Convention, elected for a term of four years by the
Conference of Parties upon entry into force of this Convention pursuant to Article 29.
2. The Intergovernmental Committee shall meet annually.
3. The Intergovernmental Committee shall function under the authority and guidance of and be accountable to
the Conference of Parties.
4. The Members of the Intergovernmental Committee shall be increased to 24 once the number of Parties to the
Convention reaches 50.
5. The election of Members of the Intergovernmental Committee shall be based on the principles of equitable
geographical representation as well as rotation.
6. Without prejudice to the other responsibilities conferred upon it by this Convention, the functions of the
Intergovernmental Committee shall be:
( a) to promote the objectives of this Convention and to encourage and monitor the implementation thereof;
( b) to prepare and submit for approval by the Conference of Parties, upon its request, the operational guidelines
for the implementation and application of the provisions of the Convention;
( c) to transmit to the Conference of Parties reports from Parties to the Convention, together with its comments
and a summary of their contents;
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( d) to make appropriate recommendations to be taken in situations brought to its attention by Parties to the
Convention in accordance with relevant provisions of the Convention, in particular Article 8;
( e) to establish procedures and other mechanisms for consultation aimed at promoting the objectives and
principles of this Convention in other international forums;
( f) to perform any other tasks as may be requested by the Conference of Parties.
7. The Intergovernmental Committee, in accordance with its Rules of Procedure, may invite at any time public or
private organizations or individuals to participate in its meetings for consultation on specific issues.
8. The Intergovernmental Committee shall prepare and submit to the Conference of Parties, for approval, its own
Rules of Procedure.
Article 24 – UNESCO SECRETARIAT
1. The organs of the Convention shall be assisted by the UNESCO Secretariat.
2. The Secretariat shall prepare the documentation of the Conference of Parties and the Intergovernmental
Committee as well as the agenda of their meetings and shall assist in and report on the implementation of their
decisions.
VII. Final clauses
Article 25 – SETTLEMENT OF DISPUTES
1. In the event of a dispute between Parties to this Convention concerning the interpretation or the application of
the Convention, the Parties shall seek a solution by negotiation.
2. If the Parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or
request mediation by, a third party.
3. If good offices or mediation are not undertaken or if there is no settlement by negotiation, good offices or
mediation, a Party may have recourse to conciliation in accordance with the procedure laid down in the Annex of
this Convention. The Parties shall consider in good faith the proposal made by the Conciliation Commission for the
resolution of the dispute.
4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it does not recognize
the conciliation procedure provided for above. Any Party having made such a declaration may, at any time, withdraw
this declaration by notification to the Director- General of UNESCO.
Article 26 – RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION BY MEMBER STATES
1. This Convention shall be subject to ratification, acceptance, approval or accession by Member States of UNESCO
in accordance with their respective constitutional procedures.
2. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director- General
of UNESCO.
Article 27 – ACCESSION
1. This Convention shall be open to accession by all States not Members of UNESCO but members of the United
Nations, or of any of its specialized agencies, that are invited by the General Conference of UNESCO to accede
to it.
2. This Convention shall also be open to accession by territories which enjoy full internal self- government recognized
as such by the United Nations, but which have not attained full independence in accordance with General Assembly
resolution 1514 ( XV), and which have competence over the matters governed by this Convention, including the
competence to enter into treaties in respect of such matters.
3. The following provisions apply to regional economic integration organizations:
( a) This Convention shall also be open to accession by any regional economic integration organization, which
shall, except as provided below, be fully bound by the provisions of the Convention in the same manner as
States Parties;
( b) In the event that one or more Member States of such an organization is also Party to this Convention, the
organization and such Member State or States shall decide on their responsibility for the performance of their
obligations under this Convention. Such distribution of responsibility shall take effect following completion of
the notification procedure described in subparagraph ( c). The organization and the Member States shall not
be entitled to exercise rights under this Convention concurrently. In addition, regional economic integration
organizations, in matters within their competence, shall exercise their rights to vote with a number of votes
equal to the number of their Member States that are Parties to this Convention. Such an organization shall
not exercise its right to vote if any of its Member States exercises its right, and vice- versa;
( c) A regional economic integration organization and its Member State or States which have agreed on a
distribution of responsibilities as provided in subparagraph ( b) shall inform the Parties of any such proposed
distribution of responsibilities in the following manner:
( I) in their instrument of accession, such organization shall declare with specificity, the distribution of their
responsibilities with respect to matters governed by the Convention;
( II) in the event of any later modification of their respective responsibilities, the regional economic
integration organization shall inform the depositary of any such proposed modification of their respective
responsibilities; the depositary shall in turn inform the Parties of such modification;
( d) Member States of a regional economic integration organization which become Parties to this Convention
shall be presumed to retain competence over all matters in respect of which transfers of competence to the
organization have not been specifically declared or informed to the depositary;
( e) “ Regional economic integration organization” means an organization constituted by sovereign States,
members of the United Nations or of any of its specialized agencies, to which those States have transferred
competence in respect of matters governed by this Convention and which has been duly authorized, in
accordance with its internal procedures, to become a Party to it.
4. The instrument of accession shall be deposited with the Director- General of UNESCO.
Article 28 – POINT OF CONTACT
Upon becoming Parties to this Convention, each Party shall designate a point of contact as referred to in
Article 9.
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Article 29 – ENTRY INTO FORCE
1. This Convention shall enter into force three months after the date of deposit of the thirtieth instrument
of ratification, acceptance, approval or accession, but only with respect to those States or regional economic
integration organizations that have deposited their respective instruments of ratification, acceptance, approval, or
accession on or before that date. It shall enter into force with respect to any other Party three months after the
deposit of its instrument of ratification, acceptance, approval or accession.
2. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall
not be counted as additional to those deposited by Member States of the organization.
Article 30 – FEDERAL OR NON- UNITARY CONSTITUTIONAL SYSTEMS
Recognizing that international agreements are equally binding on Parties regardless of their constitutional systems,
the following provisions shall apply to Parties which have a federal or non- unitary constitutional system:
( a) with regard to the provisions of this Convention, the implementation of which comes under the legal
jurisdiction of the federal or central legislative power, the obligations of the federal or central government
shall be the same as for those Parties which are not federal States;
( b) with regard to the provisions of the Convention, the implementation of which comes under the jurisdiction
of individual constituent units such as States, counties, provinces, or cantons which are not obliged by the
constitutional system of the federation to take legislative measures, the federal government shall inform, as
necessary, the competent authorities of constituent units such as States, counties, provinces or cantons of
the said provisions, with its recommendation for their adoption.
Article 31 – DENUNCIATION
1. Any Party to this Convention may denounce this Convention.
2. The denunciation shall be notified by an instrument in writing deposited with the Director- General of UNESCO.
3. The denunciation shall take effect 12 months after the receipt of the instrument of denunciation. It shall in no
way affect the financial obligations of the Party denouncing the Convention until the date on which the withdrawal
takes effect.
Article 32 – DEPOSITARY FUNCTIONS
The Director- General of UNESCO, as the depositary of this Convention, shall inform the Member States of the
Organization, the States not members of the Organization and regional economic integration organizations referred
to in Article 27, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance,
approval or accession provided for in Articles 26 and 27, and of the denunciations provided for in Article 31.
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Article 33 – AMENDMENTS
1. A Party to this Convention may, by written communication addressed to the Director- General, propose
amendments to this Convention. The Director- General shall circulate such communication to all Parties. If, within
six months from the date of dispatch of the communication, no less than one half of the Parties reply favourably
to the request, the Director- General shall present such proposal to the next session of the Conference of Parties for
discussion and possible adoption.
2. Amendments shall be adopted by a two- thirds majority of Parties present and voting.
3. Once adopted, amendments to this Convention shall be submitted to the Parties for ratification, acceptance,
approval or accession.
4. For Parties which have ratified, accepted, approved or acceded to them, amendments to this Convention shall
enter into force three months after the deposit of the instruments referred to in paragraph 3 of this Article by
two- thirds of the Parties. Thereafter, for each Party that ratifies, accepts, approves or accedes to an amendment,
the said amendment shall enter into force three months after the date of deposit by that Party of its instrument of
ratification, acceptance, approval or accession.
5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 23 concerning the number
of Members of the Intergovernmental Committee. These amendments shall enter into force at the time they are
adopted.
6. A State or a regional economic integration organization referred to in Article 27 which becomes a Party to this
Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an
expression of different intention, be considered to be:
( a) Party to this Convention as so amended; and
( b) a Party to the unamended Convention in relation to any Party not bound by the amendments.
Article 34 – AUTHORITATIVE TEXTS
This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, all six texts being
equally authoritative.
Article 35 – REGISTRATION
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the
Secretariat of the United Nations at the request of the Director- General of UNESCO.
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A n n e x Conciliation Procedure
Article 1 – CONCILIATION COMMISSION
A Conciliation Commission shall be created upon the request of one of the Parties to the
dispute. The Commission shall, unless the Parties otherwise agree, be composed of five
members, two appointed by each Party concerned and a President chosen jointly by those
members.
Article 2 – MEMBERS OF THE COMMISSION
In disputes between more than two Parties, Parties in the same interest shall appoint their
members of the Commission jointly by agreement. Where two or more Parties have separate
interests or there is a disagreement as to whether they are of the same interest, they shall
appoint their members separately.
Article 3 – APPOINTMENTS
If any appointments by the Parties are not made within two months of the date of the
request to create a Conciliation Commission, the Director- General of UNESCO shall, if asked
to do so by the Party that made the request, make those appointments within a further two-month
period.
Article 4 – PRESIDENT OF THE COMMISSION
If a President of the Conciliation Commission has not been chosen within two months of the
last of the members of the Commission being appointed, the Director- General of UNESCO
shall, if asked to do so by a Party, designate a President within a further two- month period.
Article 5 – DECISIONS
The Conciliation Commission shall take its decisions by majority vote of its members. It shall,
unless the Parties to the dispute otherwise agree, determine its own procedure. It shall render
a proposal for resolution of the dispute, which the Parties shall consider in good faith.
Article 6 – DISAGREEMENT
A disagreement as to whether the Conciliation Commission has competence shall be decided
by the Commission.
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