INCD - Declaration to the Ministers

International Network for Cultural Diversity.

INTERNATIONAL NETWORK FOR CULTURAL DIVERSITY
Second International Meeting
Lucerne, Switzerland, 21-23 September 2001

Towards a Global Cultural Pact

FINAL DECLARATION AND
REPORT TO THE MINISTERS OF CULTURE
ORGANIZED IN THE INTERNATIONAL NETWORK ON CULTURAL POLICY

If one reflects on current global conflicts, we must acknowledge these are difficult times. Violent conflicts, including terrorism vested in differences of religion, language and social traditions, and the responses to them have thrust themselves into our consciousness. The members of the International Network for cultural Diversity join in the condemnation of the heinous acts in the United States. We want to express our sympathies to all people touched by these tragedies.

In this environment of fear and apprehension we believe it is more important than ever for the INCD to succeed. We oppose fanaticism and cultural absolutism in all forms. We also work to reveal the difficulties and inequalities created by globalization. We are thus helping to build a more equitable, just and peaceful world, a world that can be free from war, racism and terrorism.

It is in this spirit of understanding, tolerance and cooperation that 85 delegates from 33 countries and all continents gathered in Lucerne for the second international meeting of the International Network for Cultural Diversity. For the past three days at formal and informal sessions, we have discussed the positive and negative effects of globalization on our cultures, debated issues of culture and trade and reviewed the role of governments, intergovernmental agencies and civil society in promoting cultural diversity as an enriching and humanizing element within and among nations.

With the ongoing support of the International Network on Cultural Policy, the INCD has grown significantly since our founding meeting in Greece in 2000, a meeting where we embraced the concept of a new instrument for cultural diversity. We now have members in 52 countries and have become a significant voice of and for culture working parallel with the ministerial network in these global debates.

At our meeting in Lucerne, we further developed our thoughts about the new instrument, or pact. We held regional workshops, and we discussed cultural industries, copyright and the need to recognize traditional knowledge in world copyright and other treaties, artist' rights and the role of culture in development. We confirmed there is a void that can be filled only by a New International Instrument for Cultural Diversity (NIICD), or global cultural pact.

Before we discuss our ideas for the new instrument, let us make it clear that we continue to insist that governments must not make any commitments at the World Trade Organization or in bilateral or multilateral trade negotiations that would restrict their ability to implement or develop cultural policies.

What we want to see in the New International Instrument for Cultural Diversity (NIICD)

The process of developing the NIICD has only started, both within our communities and among governments. For many members of the INCD, the Lucerne meeting was the first time they have considered the issues in this way and discussed the enormous potential of the NIICD for their own work and their communities. Thus, our thoughts about the potential content must be preliminary. We will continue the dialogue in the months ahead to refine our views about key elements of the instrument.

The NIICD should begin by enunciating certain basic principles:

confirm the rights of individual artists and creators to practice their craft in security and freedom - the fundamental right to speak with their own community and with others

endorse the right of artists to freedom of expression and freedom from censorship

provide ways to increase the exchange of ideas, information and artistic creations around the world

acknowledge that the fruits of artistic creation are far more than conventional goods and services, each is unique and all are an integral part of human societies.

acknowledge that support for artistic expression and cultural production can be an important tool of sustainable economic development

freedom of information and freedom and pluralism of the media are preconditions for diverse cultural creation and exchange

establish that there is a clear link between cultural diversity and identity, pluralism of ideas, human and societal values and development

confirm that there is a special need to preserve the cultures and traditional knowledge of indigenous peoples

recognize the fundamental importance to preserve languages as a reservoir of thought, history and knowledge.

But the NIICD must be more than a declaratory statement of principles, however fundamental these might be. Overall, it is critical that it not only to preserve the sovereignty of governments and societies to implement measures to support diversity of cultural expression, it must encourage them to provide the appropriate support for their own cultures. It must be an effective buffer from the trade agreements and provide a solid legal foundation for measures that promote cultural diversity. Signatories must agree there can be no trade retaliation against measures adopted in conformity with the treaty.

The NIICD should:

confirm that what constitutes indigenous, regional and national cultural expression should be left to be determined by the country itself, not by trade panels
articulate that, in different societies at different times, the production and dissemination of artistic expression and cultural production has been supported by philanthropy, the marketplace and by citizens acting collectively or through governments - each of these methods of encouragement remains legitimate and most societies use a combination to support domestic culture
be explicit about what mechanisms governments can use to support diversity of cultural expression
but recognize that these mechanisms must be allowed to develop and adapt to new technologies - since artists historically have embraced change and progress, new media will continue to evolve and governments must be able to encourage and support efforts not only in the existing media but in those that will emerge in future - we cannot today know what tools will be used by the artists of the future
confirm legitimacy of policies that ensure access and guarantee space for domestic content in all cultural industries, such as content quotas, because these are fundamentally about access for citizens
confirm that limitations on investment and regulatory measures can also promote cultural diversity and choice
confirm that governments are free to play a role directly - there can be a legitimate public role in production, distribution, exhibition and preservation - governments must continue to have sovereignty to develop the capacity and institutions they need to encourage, develop, promote and preserve local, regional and national cultures
confirm that governments may use competition policy to introduce appropriate regulations to prevent the abuse of a dominant position
acknowledge that in some parts of the world, cultural industries do not exist and cultural assets must be supported and protected
there must be clear and unequivocal support for public service broadcasting as an essential component of cultural diversity and democratic discourse.

At the same time, the treaty must acknowledge limits to what measures can be used in the name of culture and diversity always respecting the basic principles, human rights and democracy. For example, the INCD would support a prohibition against expropriation of a commercial operation, unless there is a legitimate cultural public policy reason, due process and fair and adequate compensation.

The NIICD should:

ensure that the agreed limits are respected by providing a binding and enforceable system of review that is appropriate for the cultural sector.

The role of existing institutions in the development of the NIICD

INCD delegates also discussed the role of existing international institutions and intergovernmental agencies in the development of the NIICD.

We initiated a discussion about where to negotiate and house the instrument and we concluded to continue that discussion as we elaborate the NIICD over the coming months.

We have important messages:

to the INCP - We once again thank you for your support and encouragement and look forward to collaborating in advancing the cultural agenda. We encourage you to work together to champion the agenda, not only within your network, but also in your capitals.

to UNESCO - We are committed to working with you but we need far more than a statement of principles, we must establish a legal foundation for actions that promote cultural diversity. Its scope must extend beyond the arts and heritage, we are concerned about all aspects of human culture, including mass media and popular culture, language, folklore and cultural survival. But we must also remember we are discussing culture, not science or agriculture.

to the WTO - We will be vigilant. The INCD will work to ensure that trade ministers do not make decisions in the name of commerce and free trade that directly or indirectly restrict the ability of our governments and our societies to take the actions they must to promote cultural diversity.

Everyone has a role to play in the months ahead in moving Towards A Global Cultural Pact. The task of artists is not just to be a mirror of our societies. Artists are our conscience and they challenge us to think about what we can become. The task of the INCD is to ensure that artists and cultural communities are mobilized for this campaign. The INCD will be a voice for arts and culture globally.

Our plans for the future

At our meeting, we adopted a comprehensive plan of action for the next year. We will take these principles for a new treaty and develop a draft that can be debated at the local, regional and national levels. We will expand the dialogue within our communities, with governments, with other civil society movements and with international institutions. We will continue the difficult process of building a civil society movement which can make a difference.

The INCD has formally approved a set of By-laws, elected a new Steering Committee and approved the financial report. We are now firmly established as a democratic organization representing the interest of artists, cultural activists and non-governmental cultural organizations. The INCD website will grow and develop as a principal tool of communication and we will continue to issue a monthly newsletter on important developments. The work of the INCD will take place at all levels as the delegates leave our meetings with ideas and enthusiasm.

The work in the next year will be guided by the newly elected Steering Committee:

Tiburce Bidounga, Congo; Lucianna Castellina, Italy; Alexander Cacavas, Greece; Peter Curman, Sweden; James Early, U.S.A.; Mireille Gagn�, Canada; Nitis Jacon, Brazil; Atul Kumar, India; Richard Letts, Australia; Japan Mthembu, South Africa; Nina Obuljen, Croatia; Yolanda Schweri, Switzerland; Rafael Segovia, Mexico; and Megan Williams, Canada.

We intend to meet again in collaboration with the Ministers Network (INCP) in South Africa in September 2002 and in 2003 in Croatia.

Once again this year, we appeal the INCP for financial support. We are a not-for-profit corporation established under the laws of Canada and the vast majority of our members are not-for-profit enterprises. While we contribute what we can to our work, we need others to assist us. We call on those of you from more wealthy nations to step forward and assume a reasonable share of this burden.

Expressions of Gratitude

We have many to thank for making our meeting the success it was. Thanks to all our supporters:

most particularly to the Swiss Federal Office of Culture for funds, meeting rooms, translation and logistical support

to our colleagues in Suisseculture who were the meeting co-hosts

to the Rockefeller Foundation, Arts International and other foundations for generous contributions that ensured we could sponsor diverse representation at our meeting

to the Korean Film Commission and the Governments of South Africa, Greece, Sweden and others which supported their own citizens to be with us

to the government of Canada for its continuing funding of the INCD secretariat and its overall support

to the INCD members who continue to invest their own time and resources to carry this initiative forward.

Report to the Ministers of Culture organized in the International Network on Cultural Policy

23 September 2001