Bridges Trade BioRes • Volume 5 • Number 11 • 10th June 2005
UNESCO Decides on Draft Convention on Cultural, Artistic Diversity
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The third session of the intergovernmental meeting of experts of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 3 June decided to forward a draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions to an upcoming UNESCO General Conference in October 2005 for approval. The third session of the intergovernmental meeting of experts, gathering from 25 May to 3 June, reviewed a “clean” version of the draft produced by chair Kader Asmal in April based on negotiations of the second session of the group in February (see BRIDGES Trade BioRes, 4 March 2005). The agreed draft text, in new Article 20 (old Article 19) aims to resolve controversy at that meeting regarding the compatibility of the right of Parties to “adopt measures aimed at protecting and promoting the diversity of cultural expressions within its territory”, as set out in Article 6, which could potentially include subsidies to promote cultural activities, goods and services as defined in Article 4 of the draft Convention, with the WTO Agreement on Subsidies and Countervailing Measures. The compromise on Article 20 recognises that all international agreements, including the WTO, are complementary and mutually supportive and that, while the Convention should not be interpreted as modifying the rights and obligations of the Parties under other Conventions, Parties shall take into account the relevant provisions of this Convention when entering into other international obligations. While welcoming this compromise language, some countries said that they had yet to check with their capitals on the proposed wording. While countries such as the EU, Canada and some African countries have advocated for a strong Convention, other countries including the US, UK and Japan have raised concerns about its potential implications.
ICTSD Reporting; “Where’s Our Culture Headed? Not Overseas, That’s for Sure,” EPOCH TIMES, 31 May 2005; “Cultural diversity: a major step towards the adoption of a UNESCO Convention,” EU PRESS RELEASE, 6 June 2005.
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