SHANGHAI DECLARATION
REPORT TO INCP
(
Convention on the Protection of the Diversity of
Cultural Contents and Artistic Expressions
We find ourselves at a historic moment. Last year, UNESCO launched the project to
conclude a Convention on the protection of the diversity of cultural
contents and artistic expressions. This
is a turning point in the global debate on the role of culture for sustainable
development and the human condition.
Countries of the world have a window of opportunity to agree on a
binding global framework that will recognize the right of governments to
protect their cultural identities and to promote cultural diversity through
appropriate policies. Given the background
of global trade negotiations, it is crucially important for the Convention to
be adopted in 2005, since it will establish as a global principle that cultural
goods and services are like no others.
The
We continue to support the need for a timely and
effective Convention. To achieve its
objectives, we believe the language of the Convention must be adjusted. Since we share many of these perspectives
with INCP, we invite your governments to consider submitting our
proposals into the UNESCO process. Our
submissions to UNESCO are based on the following fundamental objectives:
- The status of the Convention must be
equivalent to the trade agreements.
Neither option provided in Article 19 of the Draft meets that
objective.
- The Convention must be an effective
tool for countries of the South to develop their creative capacity and
cultural industries consistent with other UNESCO instruments that
recognize and promote the integral relationship of culture and
development.
- The Convention must acknowledge the
broad scope of policy tools that are used to promote cultural diversity
and the right of governments to adapt and adopt new ones in the coming
years to respond to technological developments and changing circumstances
and needs.
We also believe the text must provide for the adjudication of disputes
where both states are parties to the Convention, a system that permits a
member to seek an opinion where a dispute exists with a state that is not a
party to the Convention and an ability for individuals of a state party who are
entitled to enjoy the protections of this Convention to raise concerns about
non-compliance. We will also call on
governments to ensure that the follow-up mechanisms have sufficient resources
to carry out the tasks assigned to them.
Meanwhile, it is
vital for all of us to continue to work to ensure that governments refrain from
making commitments in bilateral and multilateral trade talks that would affect
their ability to implement or change cultural policies. In particular, we must all be vigilant about
the recent decisions of the WTO to reinvigorate talks on the General Agreement
on Trade in Services within the framework of the Doha Round of negotiations
Finally, we note
our concern about the emerging role of the WTO in the development of the
Convention. We understand that there
will soon be a series of meetings of the WTO in
Traditional Cultures and Modernisation
We had a rich exchange of views with our Chinese
friends and colleagues on this theme.
Our collaboration with representatives of Chinese civil society will
continue as we both work to promote cultural diversity and to support
threatened languages and cultures including those of indigenous peoples.
We understand that modernisation is significantly
about development and technology and while these processes are often a threat
to the survival of traditional cultures, we do not believe this is an
inevitable result. Traditional cultures
and their knowledge can contribute greatly to the modernisation process and we
must work together to ensure this happens, through supporting these cultures,
developing the necessary regimes to protect legally their Traditional Knowledge
and other measures. Technology can also
be an instrument for promoting the development of traditional cultures and
advancing cultural diversity.
In concluding our joint session, Chinese and
international delegates agreed that the Government of the People’s Republic of
China can play a key role in the process of developing the Convention on the
protection of the diversity of cultural contents and artistic expressions
and we look forward to collaboration.
The
Our agenda of meetings will include a national
meeting in the
We will organize the Seventh Annual
Future of the INCP
Since it is finally being recognized that culture is
a life-defining issue, we believe it is critically important for the world’s
culture ministers to establish the INCP as its united front for taking a
proactive role in the global debates. We
are excited to see the expansion of the INCP in the past year and understand
this brings opportunities and challenges.
We look forward to finding ways to collaborate on the full range of
issues that we are addressing. We will
continue to engage with other ministers as well since the issues around which
we are working to promote, develop and preserve cultural diversity extend
broadly.
We urge culture ministers to engage with officials in
trade and finance and with representatives at the WTO in