This contribution provides an overview of the concept "cultural diversity" in international law. The first. 19 part is dedicated to the never-ending quest to give ...
CULTURAL DIVERSITY AND INTERNATIONAL LAW
Christa Rautenbach North-West University (Potchefstroom Campus), South Africa
Keywords: Cultural diversity, culture; legal pluralism, multiculturalism, international law, UNESCO, globalization, development, democracy, human rights, universalism, international cultural instruments.
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1. Introduction 2. Conceptualizing "Cultural Diversity" in International Law 3. Emergence and Evolution of Cultural Diversity as a Concept of International Law 4. 2009 UNESCO World Report Setting the Trend in International Law: From Theory to Practice 5. International Instruments on the Issue of Cultural Diversity 5.1. Group 1: UNESCO Instruments 5.2. Group 2: Other International Instruments 6. Concluding Remarks Glossary Bibliography Bibliographical Sketch
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This contribution provides an overview of the concept "cultural diversity" in international law. The first part is dedicated to the never-ending quest to give meaning to cultural diversity, and it is argued that the contemporary international definition of culture as a "way of life" is necessary to give recognition to the varied ways in which culture can be seen globally. An open-ended definition of culture and, more specifically, cultural diversity is sensible in the light of the fact that States needs to interpret the concept in accordance with domestic needs. The second part of the contribution is a short historical overview of the development of the concept of cultural diversity in international law. UNESCO, an international organization established by the UN, is the main body responsible for fostering cultural diversity. It was originally set up to counter wars that transpired as a result of ignorance of cultural differences between people, most notably against the background of the Second World War. Historical facts reveal that cultural diversity has evolved from differences between mere external practices (works of art) to an all-encompassing concept referring to all manifestations of cultural differences. In this regard, UNESCO's policies commenced with the exchange of cultural knowledge with the purpose of sensitizing the international community to cultural differences. In line with global demands and developments its policies developed over the years to acquire other dimensions, including politics, human rights, sustainable development, democracy, and knowledge interchanges. The third part of the contribution goes over the main points of the 2009 UNESCO World Report, a trendsetting document aiming to put into practice what have been only theoretical discussions thus far. Before the concluding remarks are made, the fourth part presents a sample of the most important international instruments pertaining to culture and cultural diversity.
Cultural diversity, although initially not named as such, became an issue in international law after the Second World War, especially with the establishment of the United Nations Educational, Scientific and 1
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Cultural Organisation (UNESCO) in 1946. As formulated in Article 1(1) of the UNESCO Constitution, the purpose of UNESCO is to:
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... contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations.
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In line with its function of stimulating international reflection, UNESCO has been instrumental in making cultural diversity a buzzword on the international policy-making scene. Landmark events, such as international conferences, reports and instruments, and the viewpoints of decision-makers and experts helped in acknowledging the importance of cultural diversity in fields which were not immediately identified with culture, such as knowledge, politics, democracy, development and trade.
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This contribution discusses the phenomenon "cultural diversity" in international law. The first part deals with the international meaning of culture and, more particular, cultural diversity. The second part consists of an overview of the main international events instrumental in the emergence and development of cultural diversity in international law. The third part gives an overview of the contents of the 2009 UNESCO World Report, which is the first document reflecting the collective views of the organization on cultural diversity. The fourth part lists and briefly discusses UNESCO's and other international organizations’ instruments responsible for the fostering of cultural diversity in international law. The contribution concludes with a few final remarks on future global developments envisaged in the area of cultural diversity.
2. Conceptualizing "Cultural Diversity" in International Law
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Cultural diversity has become an important issue in international law, but the exact meaning of cultural diversity remains a controversial issue. In order to have an understanding of the use to which the notion has been put in international law it is necessary to attempt to briefly pin down its meaning.
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The term "cultural" in cultural diversity is an adjective that stems from the noun "culture", which is almost impossible to define due to its multi-layered and context-dependent nature. Over the years, scholars from various disciplines have explored its meaning and possible parameter, but to date it remains a much contested and illusive concept. Linguistically, the term culture comes from the Latin term cultūra or cultus, which has a variety of meanings such as "cultivate", "culture", "civilization", "adoration", "worship", "way of life", "dress", "attire" and "adornment". It has been the focal point of cultural anthropologists and sociologists for many years, but lawyers are now increasingly joining in the quest to find a workable definition of culture. Whilst the quest continues we are left with a plethora of divergent views on culture's exact meaning, nature and relevance, especially in the context of law. Culture is often understood as an abstract driver of human behavior and as such it is subject to constant change as peoples' contexts, demands, needs and understanding change. From some viewpoints, culture is seen as an abstract, albeit inherent part of human life that has to do with a subliminal pattern of thinking which describes values, norms and symbols which guide one's choices and interaction with others. This understanding of culture could explain why there are so many divergent views about the meaning of culture in the literature in general and in law-based literature in particular.
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Though significant in just about all spheres of law, the application of the concept culture in international law is relevant for this discussion, and the debates on the meaning of the term culture in international law are therefore relevant. One of the first attempts to define culture in international law can be found in the broad definition in the preamble of the UNESCO Mexico City Declaration on 2
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Cultural Policies (the 1982 Mexico City Declaration) at the World Conference on Cultural Policies held in Mexico City in 1982, viz.:
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… [C]ulture … [is] … the whole complex of distinctive spiritual, material, intellectual and emotional features that characterize a society or social group. It includes not only the arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions and beliefs; that it is culture that gives man the ability to reflect upon himself. It is culture that makes us specifically human, rational beings, endowed with a critical judgement and a sense of moral commitment. It is through culture that we discern values and make choices. It is through culture that man expresses himself, becomes aware of himself, recognizes his incompleteness, questions his own achievements, seeks untiringly for new meanings and creates works through which he transcends his limitations.
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In line with this definition, the World Commission on Culture and Development, as discussed in section 3 hereafter, advanced an even broader understanding of culture in their Report Our Creative Diversity in 1995 (the 1995 Our Creative Diversity Report) and views culture simply as "ways of living together". This open-ended definition is broad enough to include all of the different facets and layers of culture and enables countries to give content to culture within their own territories.
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In its Final Report published in 1998, the Stockholm Intergovernmental Conference on Cultural Policies for Development (the 1998 Stockholm Conference) adopted an Action Plan on Cultural Policies for Development. In its preamble the Action Plan reaffirmed the definition of culture put forward by the 1982 Mexico City Declaration.
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On 2 November 2001 the General Conference of UNESCO adopted the Universal Declaration on Cultural Diversity (the CDD). The preamble to the CDD describes culture in line with the definitions put forward by the 1982 Mexico City Declaration, the 1995 Our Creative Diversity Report, and the 1998 Stockholm Conference, and concludes that culture:
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... 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.
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These definitions illustrate that culture is no longer regarded as a mere commodity. It is the doings of human beings by virtue of their being members of a group (or a community). In other words, it is an expression of a person's or a group's identity. One could perhaps be over simple by saying that culture has two dimensions. One dimension is the physical characteristics of a person or group, which can be externally observed - for example, artifacts, language, religion and custom. The other dimension relates to the subjective and refers to the way of thinking and acting of a person or a group. Another way of looking at culture is to describe it as a set of attitudes, beliefs, mores, customs, values and practices which are commonly shared by a group. Such a group may be defined in terms of its politics, geography, religion, ethnicity or some other characteristic, thus using culture as a noun as for example, in the terms African culture, Asian culture, Christian culture, feminist culture, youth culture or corporate culture. Seeing culture in this way, however, does not explain other forms of culture which have to do with the activities undertaken by people and the products of those activities - which have to do with the intellectual, moral and artistic aspects of human life. The notion of culture can also be pertinent in the context of activities that lead to enlightenment and education of the mind rather than the acquisition of purely technical or vocational skills. In such cases culture is more likely to occur as an adjective than as a noun, as in cultural diversity, cultural goods, cultural institutions or cultural governance. The fact that there are so many diverse possible descriptions of the nature of culture demonstrates the difficulty implicit in attempting to pin down a single general meaning for the term, 3
and perhaps rightly so, for it should be left to States to give context to the term relevant to their particular circumstances, especially in the context of international law.
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Moving on from these attempts to establish a fixed meaning for culture, which seems to be an absurd endeavour, the next mission is to explore the meaning of the word "diversity" in the phrase "cultural diversity". The word diversity is a noun that comes from the Latin word dīversitās which means the state of being diverse or different. Bearing in mind that the broad understanding of culture refers to a person's or group's identity and way of living, the word diversity (a noun in this context) refers to the diverseness of such identities and ways of living. The first attempt to define cultural diversity in a legal document is found in the Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (the CDC), viz.:
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… 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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UNESCO's future conception of cultural diversity will rest on this broad definition and, as it is the first of its kind in an internationally legally binding instrument, it is extremely important for the future development of the concept in international law. The definition remains, nonetheless, relevant only in the context of the CDC, which deals only with cultural expressions, and for that reason its meaning may be something totally different in another context.
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The dynamic nature of cultural diversity is evident from the recent UNESCO World Report Investing in Cultural Diversity and Intercultural Dialogue published in 2009 (the 2009 UNESCO World Report), reflecting the viewpoint of UNESCO as a whole, where it is stated that "[c]ultural diversity should be defined as the capacity to maintain the dynamic of change in all of us, whether individuals or groups (p. 4)". This makes it easy to understand why the 2009 UNESCO World Report commences with clarifications about some misconceptions regarding cultural diversity instead of giving a definition. Cultural diversity may be evident a wide range of distinct cultural activities, although these contours are not always easy to determine. Awareness of this diversity has been facilitated by the globalization of exchanges between communities. In addition, being a social phenomenon, cultural diversity binds and distinguishes between groups, and is thus a major social concern. By bringing different lifestyles, value systems, codes of conduct, social relations, cultural expressions and so forth into play, cultural diversity becomes part and parcel of the political agenda of many countries.
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One of the first difficulties identified by the 2009 UNESCO World Report is establishing the link between diversity and culture. It is obvious that cultures are diverse, and it is therefore important to have some idea of what culture means but, as implied above, giving an exact meaning to the term culture seems to be impossible, which may be why UNESCO chose to use as broad a definition as possible, along the lines of the 1982 Mexico City Declaration as quoted in section 2 above.
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A second difficulty, which will not be fully canvassed here, concerns the identification of the components of cultural diversity, especially in connection with the terms "culture", "civilization" and "peoples", which terms may have different meanings depending on their context and one's ideology. For instance, a civilization may be something that affirms a people's values and world views. Those people may think of their civilization as being morally universal and therefore adopt an expansionist approach towards outsiders. The concept could thus pose a threat to the peaceful co-existence of diverse groups. UNESCO's resolve is to understand civilization to be a "'work in progress', as the 4
accommodation of each of the world's cultures, on the basis of equality, in an ongoing universal project (p. 5)".
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The third difficulty pointed out by the 2009 UNESCO World Report concerns the variable character of culture. Societies evolve for a number of reasons, most notably in recent times as a result of globalization and the dynamic nature of the cultural identities of these societies. UNESCO recognizes the fact that the changeable nature of culture requires a fresh approach to cultural diversity, which it refers to as "managing cultural diversity". In other words, the inherent challenges of cultural diversity concern not only States (internationally) or multi-cultural societies (nationally) but also individuals, who must be able to free themselves from stereotypes and prejudices in order to accept others different from themselves. If one looks at cultural diversity in this way, it becomes a resource which could contribute to the social and economic development which is indispensible to our future peace and prosperity.
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As the 2009 UNESCO World Report is the most recent publication of UNESCO on the issue of cultural diversity and reflects a viewpoint representative of UNESCO as a whole, the contents of the Report will undoubtedly play a prominent role in the interpretation of cultural diversity in international law in future. For that reason a more detailed discussion of the contents of the Report is given in section 4 hereafter. The emergence and evolution of cultural diversity as a concept of international law is discussed in the next section.
3. Emergence and Evolution of Cultural Diversity as a Concept of International Law
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As already explained in the previous section, the main organization responsible for the promotion and protection of culture in an international context is UNESCO, which was founded in 1946, at the end of the Second World War. The organization has three main organs: The General Conference, the Executive Board, and the Secretariat. The General Conference consists of representatives of all of the Member States and makes decisions on the general policies and main-line of work of UNESCO. The General Conference usually meets biannually but may convene every three years. The functions of the General Conference are detailed in Article IV.B of its Constitution and include taking decisions on programs submitted to it by the Executive Board, and the summoning of international conferences on subjects falling within the fields of "education, the sciences and humanities or the dissemination of knowledge". One of its most important functions is the adoption of conventions, treaties, agreements, recommendations and declarations which have varying binding effects on Member States. The General Conference is also responsible for the election of the Executive Board, which consists of 58 Member States. The Executive Board meets twice a year and determines the agenda for the General Conference meetings. The Secretariat is headed by the Director-General, who has no voting rights in the General Conference but is responsible for the preparation of annual reports on the activities of UNESCO. He may also make proposals for activities to the General Conference or the Executive Board.
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The purpose of UNESCO, as set out in the preamble of its Constitution, is to prevent wars between States as a result of "ignorance of each other's ways", which has proven to be "a common cause, throughout the history of mankind, of that suspicion and mistrust between the peoples of the world through which their differences have all too often broken into war". Since its establishment UNESCO has adopted a substantial number of instruments to fulfill its mandate. The fostering of cultural diversity as a way of life was initially not the focal point of the organization, which was the sharing of cultural knowledge and cooperation between States, because it was believed that "wars begin in the minds of men" and that it was "in the minds of men that the defences of peace must be constructed". During the earlier years of UNESCO's existence culture was considered in terms of external practices 5
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such as works of arts and not with identity or ways of life. From a reading of the Constitution of UNESCO, which was adopted in London on 16 November 1945, it is evident that the notion of cultural diversity was applied mainly to cultural differences between States (external diversity) and not within (internal diversity) them. Article 1 of the Constitution is important in this regard. It reads:
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The purpose of the Organization is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations [emphasis added].
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UNESCO's approach underwent some changes during the 1950s and 1960s, particularly in the context of decolonization, with the concept cultural diversity acquiring a political dimension. The first major change came about as a result of UNESCO's commitment to supporting developing countries after decolonization and to ensuring their equal participation in international cultural affairs. These events were a distinguishing feature of the time and acknowledged the link between cultural diversity and identity. UNESCO's recognition of the interconnectedness between culture and human rights threw a new light on the notion of culture, which was no longer limited to works of art but now included issues of identity. Although its understanding of culture was broadened to include such elements, UNESCO's focus remained the exchange of knowledge, as affirmed at the 5th session of the General Conference held in Florence in 1950 (the 1950 General Conference), viz.:
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[t]he Universal Declaration of Human Rights affirms that "everyone has the right freely to participate in the cultural life of the community." To make a reality of this right, which is implicit also in the Constitution of UNESCO, great efforts are required of all countries. UNESCO will assist Member States by providing information, carrying out studies, making recommendations and, where necessary, itself taking practical action in order to direct the education of both youth and adults towards a better understanding of the culture of mankind (at para D(3)).
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Cultural diversity continued to develop along these lines and a number of international instruments, which are summarized in the next section, were adopted during this period. In addition, the 14th session of the General Conference held in Paris during 1966 (the 1966 General Conference) adopted the Declaration on the Principles of International Cultural Cooperation, expressing a political will to advance cultural cooperation while respecting cultural differences. The link between cultural diversity and human rights is reflected in Article 1 of the Declaration, which reads:
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1. Each culture has a dignity and value which must be respected and preserved. 2. Every people has the right and the duty to develop its culture. 3. In their rich variety and diversity, and in the reciprocal influences they exert on one another, all cultures form part of the common heritage belonging to all mankind.
The Declaration on the Principles of International Cultural Cooperation brought another dimension of cultural diversity to the fore, as reflected in Article 1(2) quoted above, viz. development. From the late 1960s onwards, UNESCO's commitment turned towards the development of culture and the importance of culture for development. The shift from cultural issues between States to issues within States is also reflected in the Final Report of the Intergovernmental Conference on Institutional, Administrative and Financial Aspects of Cultural Policies held in Venice in 1970 (the 1970 Venice Conference). The former Director-General of UNESCO, René Maheu, emphasized that the subject matter of the Conference was the "cultural policies of individual countries" and not the "relations between nations". A reading of the agenda of the 1970 Venice Conference confirms that cultural development within States was one of the focal points under discussion, and the interconnectedness between culture, the dignity of individuals and the development of a community came to the fore during the discussions. 6
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The emphasis on cultural development continued during the 1970s and 1980s and culminated in the drafting of various international instruments which are referred to in the next section. During this period, discussions on culture evolved from observation or the study of cultural issues to the need to promote and protect culture in all its diverse forms. UNESCO's Medium-Term Plan (1977-1982) emphasized the cultural dimension of development, whose harmony depends on-
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... respect for the values and modes of thought peculiar to each people, the vigorous and open affirmation of their individual and collective cultural identity and the mutual appreciation of cultures, and considers that the preservation of mankind's cultural heritage and its presentation, the broadest possible participation in cultural life, and the stimulation of artistic and intellectual creativity are the essential factors of cultural development based on the interdependence and complementarity of the various cultures and respect for their diversity (at para 12) [emphasis added].
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The objectives included in the Medium-Term Plan (1977-1982) reiterate the fact that culture developed into something that happens not only between States but also within States. Furthermore, cultural identity is something that elicits respect, not only for the diversity of States, but also for the diversity of individuals and groups. In this regard Objective 1.2 is "[p]romotion of appreciation and respect for the cultural identity of individuals, groups, nations or regions". During this time another dimension of culture came to the fore, namely the existence of discrete cultural identities within a society. Although this phenomenon had already been hinted at in the past, the growing awareness that many countries' populations were more diverse than initially thought, made the international community realize that cultural diversity played a much more important role than previously envisaged, especially in developing countries. In this regard Objective 1.2.4 is formulated as follows: "Promotion of respect for the cultural identity of individuals and groups, with particular reference to those affected by the social exclusion phenomenon within developed or developing countries".
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A number of regional conferences took place during the 1970s and "the idea that culture is the very essence of a people, not merely a product or medium" was now well established. In this regard the Intergovernmental Conference on Cultural Policies in Latin America and the Caribbean held in Bogotá during 1978 adopted the Bogotá Declaration (the 1978 Bogotá Declaration), which emphasized that cultural development had to take into account "an overall betterment of the life of individuals and peoples" as well as "cultural identity, from which it derives and whose furtherance and affirmation it promotes" and declared that "[c]ulture, as the sum total of the values and creations of a society and the expression of life itself, is essential to life and not a simple means or subsidiary instrument of social activity".
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The discussions and deliberations on cultural issues intensified in the 1980s and gained momentum during the World Conference on Cultural Policies held in Mexico City in 1982. As explained above, the 1982 Mexico City Declaration defined culture broadly to include both the universal idea of human rights and the particular characteristics of an individual's or group's cultural identity. The 1982 Mexico City Declaration contains a list of principles which should govern policies, viz.: the recognition of the interconnectedness between cultural identity and cultural diversity; the cultural dimension of development; the link between cultural life and democracy; the preservation of cultural heritage; freedom of expression and opinion in the artistic and intellectual creation of art; the relationship between culture, education, science and communication; the planning, administration and financing of cultural activities; and international cooperation. The World Conference on Cultural Policies ended with the idea of proposing to the UN's General Assembly the proclamation of a World Decade for Cultural Development to continue, intensify and redouble the efforts to ensure that culture remained high on the agenda in matters of development. The UN's General Assembly took the proposal to heart and on 8 December 1986 it proclaimed the World Decade for Cultural Development (1988-1997), to be 7
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observed under the auspices of UNESCO. Four main objectives were assigned to this decade. They acknowledged the cultural dimension of development, affirmed and enriched cultural identities, broadened participation in culture, and promoted international cultural cooperation. As a guide UNESCO published a document, World Decade for Cultural Development (1988-1997): Plan of Action, focusing on these four objectives, which was followed by a Practical Guide to the World Decade for Cultural Development (1988-1997). The Practical Guide conceded that it is almost inconceivable that development programs might be formulated without taking account of the "diversity of cultures and of cultural interactions". Various activities, programs and studies were undertaken during the decade. Their work focused primarily on the link between culture and development.
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In 1991 the World Commission on Culture and Development was established by means of resolution at the 26th session of the General Conference of UNESCO. The mandate of the Commission was to prepare a World Report on Culture and Development for both short- and long-term action with the main aim of meeting cultural needs in the context of development. The World Commission on Culture and Development began its work in 1993. In 1995 the Commission's Our Creative Diversity Report saw the light. The Report was addressed to UNESCO and the UN and was designed to intensify and focus the international debate on the links between culture and development. Its purpose was to put cultural perspectives squarely on the international agenda. At the same time UNESCO mounted a number of events to ensure that the link between culture and development was appropriately recognized. For example, 21 May 1993 was declared as World Cultural Development Day. Cultural diversity was the thread that ran though all of these events, which culminated in the 1998 Stockholm Conference. UNESCO's main goal in designing the 1998 Stockholm Conference was to transform the new ideas contained in the 1995 Our Creative Diversity Report into policy and practice. One of the chief 1998 Stockholm Conference themes was "Challenges of Cultural Diversity", and the outcome of the Conference was an Action Plan on Cultural Policies for Development, which was adopted on 2 April 1998 (the 1998 Action Plan). The 1998 Action Plan set out a list of principles, of which principle 6 recognized cultural diversity as "a treasure of humankind" and an "essential factor of development".
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In 1999 UNESCO and the secretariat of the Commonwealth organized a colloquium entitled "Towards a Constructive Pluralism", where the emphasis was placed on the features of the idea of "plurality of cultures" as a necessary but not a sufficient pre-condition for cultural pluralism in a society. The argument was that in order to ensure constructive pluralism, the mere acknowledgement of the existence of different cultures is not enough. There must be interaction between the cultures to allow them to become part of the greater context. Democracy can be achieved only if there is full participation of all cultures in a society. In this regard they declared:
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The construction of a true cultural pluralism thus supposes, in theory, the abandonment of intercultural antagonisms and the rise of a shared culture based on the acceptance of diversity. Such an acceptance does not signify a levelling process, or suppressing or ignoring of differences, but the capacity to transform this diversity, maintained and recognized in its specificity, into an advantage and a factor of individual and collective enrichment. In this instance, cultural pluralism takes account of the negativity generated by the recognition of differences. It implies a form of latent or silent conflict and the overcoming of this conflict by rearrangement into new patterns. Different elements are not eliminated. Rather, they are used in the construction of a greater edifice (p. 24).
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Other institutions have also been investigating the role of cultural diversity in their contexts. For example, the World Bank has on several occasions followed UNESCO's lead in the context of the World Decade for Cultural Development (1988-1997) in its investigation of the links between culture and development during a number of international conferences such as that in Florence in 1999 ("Culture Counts") and that in 2005 in Tanzania ("New Frontiers of Social Policies"). In similar 8
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fashion, the United Nations Development Programme (the UNDP) and the United Nations Environment Programme (UNEP) published a Human Development Report entitled "Cultural Liberty in Today's Diverse World" in 2004, and a collection of scholarly articles entitled "Cultural and Spiritual Values of Biodiversity" in 1999. In addition, the United Nations Alliance of Civilizations published a document in 2006 entitled Report of the High-Level Group for the Alliance of Civilizations, which endorsed programs to promote dialogue between peoples, cultures and civilizations.
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Although culture and more particularly cultural diversity have rid themselves of their constraints as mere commodities, and evolved into all-encompassing concepts relevant between and within States, there was now a new danger looming on the horizon, namely globalization. As the Final Report of the 1998 Stockholm Conference explained:
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[T]he "commitment to pluralism" advocated by the World Commission has become an increasingly urgent imperative in the context of globalization, which leads on the one hand to homogenisation in many areas, and on the other, to an increased awareness of difference and distinctiveness. Globalization emerged from the debate as both an opportunity and a serious challenge. ... As relationships between people and groups are formed increasingly on a global scale, the danger looms of a uniform global culture "based on the universal commodity, geared towards creating globally shared tastes and fashions", of local and national cultures being overwhelmed by alien values, of economic development controlled by global forces rather than local supply and demand, of social and political emancipation being thwarted by exclusion. Fear of such developments can seal off societies as well, but in an open society different cultural identities are not a threat to one another, but co-exist in mutual respect: "where people have faith in their own cultures, inter-cultural communication and mixing freely with one another do not represent a loss but have added value in people's lives". ... [G]lobalization should not be allowed to be a process leading to the uniformization of cultures, but as a process of dialogue between cultures rooted in local heritage and creativity, and converging to shape universal human values. Globalization must be considered in terms of cultural and social development, not only vis-àvis the economic arena. Hence it is critical to involve representatives of the cultural sphere in the ongoing international negotiations on trade and multilateral investments (at paras 21 & 69).
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On the one hand, globalization presents various opportunities for the expansion of the cultural sector and the development of cultural policies. Cultural diversity is seen as a strategic resource for developing countries. It has the potential to-
(a) increase cultural industries by encouraging local artistic production and by generating job opportunities;
(b) enrich national heritage;
(c) develop national identity and social unity; and
(d) increase revenues from the tourism industry.
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On the other hand, globalization can have a negative impact on the cultural sector of developing countries in general, and their cultural policies in particular. The product of globalization in the cultural sphere is often one of cultural homogenization. In these circumstances it inhibits cultural diversity. For example, the unification strategies of the EU have been regarded as a threat to the fostering of cultural diversity. Also, another problem is the unequal relationship between stronger and weaker economies, which often results in the abduction of the cultural markets by the former to the detriment of the latter. The issues involved are particularly rife in ongoing debates between the WTO and UNESCO. The WTO endorses a generally liberal international trade regime whilst UNESCO's general aim includes the protection of cultural diversity against commodification.
In order to address some of these concerns, Member States of UNESCO adopted the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (the CDC) on 20 October 2005. The 9
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CDC is the latest in a long line of documents and instruments adopted by UNESCO and from the onset it received unprecedented support. 148 States voted in its favor whilst only two States voted against it (the USA and Israel) and four States abstained (Australia, Honduras, Liberia and Nicaragua). It entered into force on 18 March 2007 and on 24 January 2011 it already had 115 State Parties. The CDC is the first legal international instrument protecting cultural diversity in a direct way, and it is expected to reconcile the objects of the WTO agreements with the expectations of developing countries.
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The CDC has nine prominent and wide-reaching objectives including reaffirming the importance of the link between culture and development for all countries and reaffirming 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 in their territory. The CDC recognizes the dual social and economic value of cultural goods and services. The principles set out in the Convention will potentially benefit governments, cultural industries, and civic society in different ways and contexts. The Convention outlines an array of rights and duties on the part of States. The rights include the right to-
(a) formulate and implement cultural policies;
(b) adopt measures to protect and promote the diversity of cultural expressions; and
(c) strengthen international cooperation to achieve the promotion and protection of the diversity of cultural expression.
The obligations include to-
(a) promote and protect cultural expressions;
(b) provide reports on a four-yearly basis with information on the measures taken to protect and promote cultural expressions;
(c) encourage better understanding of the Convention through educational and public awareness programs;
(d) strengthen partnerships with and among the components of civil society;
(e) promote international co-operation;
(f) integrate culture in sustainable development policies;
(g) support co-operation for sustainable development and poverty reduction; and
(h) encourage the sharing of information, expertise, statistics and best practices pertaining to the diversity of cultural expressions between States.
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The CDC is not without its shortcomings. For one, although it is often referred to as the Cultural Diversity Convention, it does not deal with cultural diversity in a broad sense. In fact, it deals with the diversity of cultural expressions in particular. As it currently stands, the CDC may be interpreted as dealing with cultural diversity between States as well as within States. The definition of cultural diversity in Article 4(1) is broad enough to refer to both instances of cultural diversity and reads: "'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". The fact that the CDC emphasizes in Article 2(2) the principle of sovereignty through the right of States to take their 10
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own measures to promote and protect the diversity of cultural expressions, however, may sway the pendulum in favour of an interpretation which emphasizes cultural diversity between States. Although the CDC was not meant to be a human rights instrument, Article 2(1) establishes a clear link between the respect for human rights and cultural diversity by providing for the following:
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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.
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This provision implies that the CDC has a status inferior to that of other international human rights instruments such as the Universal Declaration of Human Rights, which serves as an international benchmark for the protection of human rights and freedoms. The monitoring and dispute settlement of the CDC remains one of the drawbacks of the convention, and States may decide not to follow the reconciliation procedure laid down in Article 25. Although the effectiveness of the CDC remains to be seen, it has succeeded in intensifying the international debate on cultural diversity. Together with numerous other agreements and documents, the CDC forms the international framework for cultural diversity - but only a sample of these instruments is summarized in section 5.
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Since the adoption of the CDC, the approach of UNESCO has had a practical focus, setting in action the acknowledgment of cultural diversity in order to prevent it from being marginalized in the light of the current global financial crisis. Instead of sacrificing culture when competing priorities arise, the Assistant Director-General for Culture, Francoise Rivière, urges States to genuinely acknowledge cultural diversity. Such acknowledgement is described as being essential to attaining the Millennium Development Goals (MDGs) in the preface to the 2009 UNESCO World Report. The MDGs are a UN initiative, and include eight international development goals that all 192 UN Member States and no less than 23 international organizations have agreed to achieve by the year 2015. They include eradicating poverty and hunger, achieving universal education, promoting gender equality, reducing child mortality rates, improving maternal health, combating disease epidemics such as AIDS, and subscribing to a global partnership for development. As already explained, the 2009 UNESCO World Report reflects the latest viewpoints of UNESCO on the issue of cultural diversity. As it is a trendsetting document, its contents are briefly set out in the next section.
4. 2009 UNESCO World Report Setting the Trend in International Law: From Theory to Practice
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The 2009 UNESCO World Report is the first report by the organization as a whole and a deviation from UNESCO's previous policy of publishing primarily sectoral reports based on the different program sectors of UNESCO, viz. education, natural sciences, social sciences, culture, communication and information. The sectoral reports are mostly conglomerations of opinions and scholarly articles by leading experts in various fields and do not necessarily express viewpoints representative of UNESCO. As explained in the "General Introduction" of the 2009 UNESCO World Report, it is expected that the World Report would-
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… have the advantage of expressing a viewpoint representative of the Organization as a whole, whereas sectoral specialization can result in a fragmentation of standpoints. It could also help to make the Organization more 'visible' by underlining the relevance and topicality of its analyses and work, even if it should not take the form of an activity report, this role being fulfilled by other reports of the governing bodies (Executive Board and General Conference) (p. 2).
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Displaying trendsetting qualities as echoed in the "General Introduction", the 2009 UNESCO World Report is an ambitious document with three major objectives, viz. to analyze all the aspects of cultural diversity with a view to showing their complexities and at the same time to find a common thread between different viewpoints and interpretations; to illustrate the importance of cultural diversity in different areas such as language, education, communication and creativity, which is essential for the protection and promotion of cultural diversity; and to convince decision-makers and various stakeholders of the importance of investing in cultural diversity as an essential dimension of intercultural dialogue, especially in the context of sustainable development. UNESCO admits that the Report does not provide "ready-made solutions" for the problems at issue, but that it instead aims to underline the complexity of the problems, which demands better understanding and cooperation, particularly through the exchange of cultural goods and the adoption of common guidelines.
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Part I of the 2009 UNESCO World Report is devoted to the ever-continuing quest to pin down the exact parameters of cultural diversity, especially in the context of a globalizing world, and contains two chapters. Chapter 1 aims to analyze the nature and manifestations of cultural diversity in relation to globalization and in doing so considers the relationship between multifaceted identities alongside various characteristics such as nationality, culture, religion, language and so forth. Emphasis is placed on the fact that national identities are not monolithic but multiple, and that groups and individuals react to this phenomenon differently. Chapter 1 also contains a summary of normative and other measures adopted at international and regional level to protect and promote the many facets of cultural diversity. Some of these measures have already been referred to in sections 2 and 3 above, and others are discussed in the next section. In general, Chapter 1 concludes with recommendation that consideration should be given to establishing a World Observatory on Cultural Diversity to monitor the impact of globalization on cultural diversity and to serve as a source of information which could help with the comparative research needed for future developments. In addition, the following action is recommended (at p. 28):
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a. Collect, compile and widely disseminate data and statistics on cultural diversity, building inter alia on the revised 2009 UNESCO Framework for Cultural Statistics (FCS). b. Develop methodologies and tools for assessing, measuring and monitoring cultural diversity that are adaptable to national or local conditions by governments and public and private institutions. c. Establish national observatories to monitor policies and advise on appropriate measures for the promotion of cultural diversity.
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Chapter 2 is dedicated to the theme of "intercultural dialogue" which represents the "bridge" between the various cultures in the world. In the 2009 UNESCO World Report's opinion, new approaches to intercultural dialogue must be developed to respond to the inherent challenges of cultural diversity. The proposals towards achieving such a dialogue comprise "consideration of the ways in which cultures relate to one another, awareness of cultural commonalities and shared goals, and identification of the challenges to be met in reconciling cultural differences and identities (p. 37)". This chapter also deals with the negative effects of stereotyping and tendencies to withdraw into closed identities. Chapter 2 concludes with the recommendation that States should support networks and initiatives for intercultural and interfaith dialogue at all levels, and involve new partners in such dialogue, especially women and the youth. In addition, the following action is recommended (at p. 55):
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a. Develop measures to enable members of communities and groups subject to discrimination and stigmatization to participate in the framing of projects designed to counter cultural stereotyping. b. Support initiatives aimed at developing real and virtual spaces and provide facilities for cultural interaction, especially in countries where inter-community conflict exists. c. Showcase 'places of memory' that serve to symbolize and promote reconciliation between communities within an overall process of cultural rapprochement.
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Part II of the 2009 UNESCO World Report deals with the "key vectors" of cultural diversity and includes Chapters 3 to 6. The term "vector" is essentially a concept common in the natural sciences and its use seems to be out of context here. Nevertheless, given the discussion of cultural diversity in this part of the document in relation to its various manifestations, namely language (Chapter 3), education (Chapter 4), communication and cultural content (Chapter 5), and creativity and trade (Chapter 6), the assumption is that the phrase "key vectors" refers to these manifestations of cultural diversity. The 2009 UNESCO World Report acknowledges that cultural diversity is inextricably linked to virtually all human activities and that the continued vitality of diversity is thus crucially bound up with the future protection of the "key vectors" of cultural diversity as set out above. Chapter 5 discusses language issues in a multilingual context and comes to the conclusion that the demand for equality between languages is closely related to the dignity of individuals. Multilingualism is also necessary to determine where one has come from and for knowing others. The chapter concludes with the recommendation that national policies should be implemented with a view to safeguarding linguistic diversity and promoting multilingual competencies. In order to achieve these results, the following actions are proposed (at p. 86):
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a. Facilitate language use through appropriate measures, be they educational, editorial, administrative or other. b. Make provision — as appropriate — for the learning, alongside mother tongues, of a national and an international language. c. Encourage the translation, by all possible means, of written and audiovisual materials in order to promote the international circulation of ideas and artistic works, including through the use of new technologies. d. Develop reliable and internationally comparable indicators for assessing the impact of language policies on linguistic diversity, and promote good practices in this regard.
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Chapter 4 deals with the linkage between cultural diversity and education and the recognition of the multi-layered characteristics of education, which consists not only of the transfer of knowledge but also of the transfer of values. The transfer of both knowledge and values requires an understanding of the challenges inherent in the attempt to promote and protect cultural diversity. The chapter ends with the observation that there is a need to promote intercultural competencies to further the process of "learning to live together". To reach this end, the following actions need to be taken (at p. 118):
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a. Undertake a global comparative survey of educational content and methods, including traditional modes of transmission, with particular reference to the recognition and accommodation of cultural diversity. b. Support efforts to identify and/or create opportunities and facilities for culture-specific learning in each educational system, making use of existing instruments such as EFA National Assessment Reports. c. Adapt teaching methods to the requirements of the everyday life of learners, with the necessary support of educational policy-makers, educational professionals at all levels and local communities, recognizing the cultural dimension as a central pillar of Education for Sustainable Development. d. Develop international guidelines for the promotion of intercultural dialogue through the arts, based on the identification of good practices in arts education.
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Chapter 5 looks at the link between communication and cultural contents, such as the influence of the press, radio, books, cinema, television and other electronic media on cultural identities. The first part of Chapter 5 explores the impact of globalization and technological innovation on cultural contents and the second part looks at the media's contribution towards shaping the perception of different cultures. The last part highlights the need to invest in various sectors associated with communication to strengthen the effort to promote cultural diversity. Chapter 5 concludes with the statement that there is a need to encourage cultural sensitivity in the production and consumption of communication and information content in order to facilitate access, empowerment and participation. In order to reach this objective, the following action is recommended (at p. 151):
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a. Support the production and distribution of innovative and diversified audiovisual materials, taking account of local needs, contents and actors, and having recourse as appropriate to public-private partnerships. b. Assess the impact of ICT-driven changes on cultural diversity, with a view to highlighting good practices of multilingual access to written and audiovisual productions. c. Promote media and information literacy for all age groups in order to increase the ability of media users to critically evaluate communication and cultural contents.
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The link between cultural diversity and a broad spectrum of activities from cultural creation and innovation through the tendency towards commercialization are explored in Chapter 6. Cultural diversity and creativity are regarded as different sides of the same coin and the importance of artistic exchanges worldwide is emphasized. Chapter 6 concludes with the statement that creativity is the source of social and technological innovation which needs to be developed, both in the cultural and business sector within which cultural diversity is to be understood as a source of profit and enhanced performance conducive to "corporate cultural intelligence". In order to reach this goal, the following actions are recommended (at p. 180):
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a. Facilitate the exchange of artistic productions and the circulation of artists, including through a system of cultural visas. b. Develop appropriate systems for the protection of traditional know-how in the crafts sector, as well as ways and means of compensating the communities concerned for the commercial exploitation of such know-how. c. Draw up and widely disseminate good practices in relation to tourism development with a view to maximizing its positive impacts on cultural diversity. d. Develop 'cultural intelligence' in the business and marketing world through the establishment of real and virtual forums and the production of relevant research on the profitability of cultural diversity, not limited only to ethnic or gender difference.
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Part III of the 2009 UNESCO World Report, consisting of Chapters 7 and 8, investigates international strategies and the role of cultural diversity in promoting development and world peace. Cultural diversity is discussed in Chapter 7 as a key dimension of sustainable development, and the conclusion is reached that the principles of cultural diversity as embodied in the Cultural Diversity Programming Lens (the CDPL) should be taken into account in the making of all development policies. In order to achieve this, the following actions need to be taken (at p. 21):
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a. Identify concrete measures to operationalize research on the cultural dimension of natural resources conservation and management, with particular reference to the knowledge and know-how of indigenous communities. b. Establish a clearing-house for documenting participatory approaches to environmental problems, including indications as to their success. c. Encourage the participation of members of all communities in defining resource allocation criteria on the basis of social justice, so as to foster a dynamic of social dialogue and promote intercultural solidarity.
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The CLDP is a tool developed by the UNESCO Regional Office in Bangkok for monitoring development projects and is accessible at http://bit.ly/fvtYZP. Chapter 8 deals with the linkage between both individual and collective human rights and concludes with the statement that human rights are universal, belong to each and every individual, and can be effectively exercised only where cultural diversity is recognized. Such recognition is also imperative for social cohesion and democratic governance, and the framing of policies that focus on the preservation and promotion of cultural diversity should therefore be encouraged. The following action should be taken (at p. 242):
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a. Collect striking examples of cases in which the cultural context is a key factor in the effective exercise of universally recognized rights and freedoms, so as to highlight the cultural dimension of all rights and freedoms. b. Map exchanges within and between minority groups and between majority and minority communities, especially in the context of 'global cities', in order to create informal networks of solidarity, and widely publicize such exchanges.
c. Study the diversity of intangible heritage as a source of examples of modes of democratic governance based on the empowerment and participation of all communities.
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The international community's two key objectives (development and peace) are reiterated in the "General Conclusion" of the 2009 UNESCO World Report. The purpose of the Report, also stated in the "General Conclusion", is to contribute "[t]owards a new understanding of cultural diversity" in international law. In doing so, the 2009 UNESCO World Report sets out to promote a renewed understanding of cultural diversity by examining a few common preconceptions about it, for example, the contribution of globalization to the homogenization of culture, the negative effect of cultural diversity on national cohesion, the inherent incompatibility between cultural diversity and intercultural dialogue, between cultural diversity and the economy, between cultural diversity and universalism, and between cultural diversity and scientific and technological progress. The importance of cultural diversity for the realization of the MDGs is once again emphasized, as are the implications of cultural diversity for key areas such as language, education, communication and the economy. The three main challenges attached to fostering cultural diversity, according to the 2009 UNESCO World Report, are to combat cultural illiteracy, to reconcile universalism and diversity, and to support the ever-growing forms of pluralism resulting from the dynamics of cultural diversity. The fact that the 2009 UNESCO World Report encourages States, governmental and non-governmental, national, regional and international bodies, and also private sector entities to implement the recommendations made in the Report, represents the new path of UNESCO from theoretical debates on cultural diversity to a more practical approach that requires all relevant stakeholders to put word into action. The 2009 UNESCO World Report will serve as an important background document for States and other bodies involved in cultural issues and, together with other international cultural instruments, some of which are summarized in the next section, it will help to set the pace for the future global development of cultural diversity.
5. International Instruments on the Issue of Cultural Diversity
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The international framework relevant for cultural diversity presents a matrix of multilateral, bilateral and regional instruments of which some make reference to culture generally and others to cultural diversity in particular. Not all of these documents refer to cultural diversity per se but, considering that they all touch upon contemporary cultural issues, they become useful tools in discussions of cultural diversity.
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The legal nature of these documents varies considerably and not all of them are equally binding on the international community. There is no such thing as an "international right to cultural diversity" that will automatically protect all aspects of cultural differences throughout the world. Protection against infringements in a particular country depends on the national laws of that country. Nevertheless, the body of international instruments ranges from conventions (i.e. agreements concluded between States and legally binding on the States Parties), declarations (i.e. instruments that are morally binding, linking States on the basis of good faith), recommendations (i.e. instruments that encourage States to adopt a particular approach), customary rules, and general principles of law which are recognized by so-called "civilized nations". All of these are valuable sources of international law on the issue of cultural diversity.
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International tribunals and bodies, such as the International Criminal Court and the Human Rights Commission (now the Human Rights Council), are responsible for the implementation of international standards and norms in all fields, including the protection of cultural diversity. An individual or group who wants cultural protection for aspects of his/her or their culture in a particular country should first 15
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determine the extent of the protection available to culture in that country. If the country in which protection is sought is a party to one of the international cultural diversity conventions, the culture in question can be protected by complying with the conditions of that convention. Even if the culture cannot be brought under an international convention, protection under the specific provisions of the country's national laws may still be possible.
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It would be a mammoth task to review all of the available instruments, so the discussion continues with only a sample of the most influential or standard-setting instruments in international law. The first group of instruments includes standard-setting instruments adopted by UNESCO, and although not all of them focus on cultural diversity particularly, almost all of them contribute to the promotion and protection of the same. The second group of instruments includes standard-setting instruments by other international organizations and, in particular, by the UN. The instruments of regional and sub-regional organizations are not dealt with.
5.1. Group 1: UNESCO Instruments
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The instruments adopted by UNESCO can broadly be classified according to the general field it operates in, viz. cultural policies, the fight against racism, human rights, information and technology, and education.
5.1.1. Instruments in the field of cultural policies
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UNESCO's international instruments dealing with national cultural policies express the importance of promoting and supporting cultural development at the national level in order to preserve cultural diversity internationally. These instruments generally converge toward a set of basic ideas, such as the recognition of culture as an integral part of social life.
18.104.22.168. Universal Copyrights Convention 1952
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The Universal Copyrights Convention, adopted in 1952 and entered into force in 1955, introduced the idea that culture (literary, scientific and artistic works) embodies universal values requiring common protection and accordingly a shared responsibility to be assumed by the international community. The Universal Copyrights Convention was adopted by UNESCO as an alternative for those states which disagreed with aspects of the Berne Convention for the Protection of Literary and Artistic Works 1886, but still wished to participate in some form of multilateral copyright protection. Article 1 of the Convention reads:
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Each Contracting State undertakes to provide for the adequate and effective protection of the rights of authors and other copyright proprietors in literary, scientific and artistic works, including writings, musical, dramatic and cinematographic works, and paintings, engravings and sculpture.
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The Convention was revised in 1971 to make provision for preferential treatment of developing countries by adjusting their level of copyright protection in accordance with their stage of cultural, social and economic development. To date 100 States have either acceded to or ratified the Convention. Although the Convention makes no direct reference to cultural diversity, one can argue that a sound basis for international copyright protection ensures that cultural works generally, and therefore different classes of cultural work, receive protection.
22.214.171.124. Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 16
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The Convention for the Protection of Cultural Property in the Event of Armed Conflict was adopted in 1954 and entered into force in 1956. The Convention became important in the wake of the massive destruction of cultural heritage during the Second World War, and it is the first international instrument with a world-wide calling focusing exclusively on the protection of cultural heritage in the event of armed conflict. The Convention was followed up by its First Protocol, adopted in the same year, which included a definition of the expression "cultural property" noted as the first of its kind in an international instrument. Even so, cultural property was defined to include only tangible things. A Second Protocol was adopted in 1999 to provide for enhanced protection of cultural property in times of conflict for the good of humanity. To date the Convention has 123 States Parties.
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Again no reference is made to cultural diversity, but one can argue that the preservation of cultural property without doubt implicitly protects and promotes cultural diversity. For example, by preserving the religious buildings of religious groups during a time of religious wars, one inevitably also protects the right of the groups to be different.
126.96.36.199. Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970
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In order to address increasing thefts at museums and archaeological sites, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property was adopted in 1970 and entered into force in 1972. To date the Convention has 120 State Parties. The Convention places an obligation on States to eradicate the illicit import, export and transfer of ownership of cultural property because of the detrimental effects of such actions on the countries of origin. International cooperation is, according to Article 1 of the Convention, one of the more efficient means to protect each country's cultural heritage, and the focus of the Convention is thus not on the universal value of cultural heritage but on the national value of such property. The importance of culture for the preservation of mankind is reflected in the preamble of the Convention which reads:
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... Considering that the interchange of cultural property among nations for scientific, cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations,
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Considering that cultural property constitutes one of the basic elements of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information regarding its origin, history and traditional setting ... .
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For the purposes of the Convention, the expression "cultural property" is again defined in Article 1 in terms of something tangible, to mean "property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science". Only by protecting cultural property can the "cultural life of all peoples" be enriched and "mutual respect" be achieved "among nations". In the light of the contemporary cultural diversity debates, these words can be interpreted also to mean the fostering of intercultural respect and understanding, and thus also the appreciation of cultural differences between cultural groups.
188.8.131.52. Convention Concerning the Protection of the World Cultural and Natural Heritage 1972
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In contrast to the Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the Convention Concerning the Protection of the World Cultural and Natural Heritage focuses on the universal value of cultural heritage by protecting immovable cultural and natural property with "outstanding universal value". It was adopted in 1972 and came into operation in 1975. To date it has 187 States Parties. The Convention has been influential in the strengthening of 17
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heritage conservation policies and is the standard reference for including these policies as a means of development in the area of tourism especially. In the cadre of this Convention, a large number of cultural and other sites have been labelled as World Heritage sites, with the result that these sites are protected for current and future generations. As pointed out by the 2009 UNESCO World Report-
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... World Heritage sites serve to sensitize and educate people to the need to protect the heritage for future generations, and to foster intercultural respect and understanding through appreciation of the diversity and wealth of expressions forming part of humanity's common patrimony (p. 29).
184.108.40.206. Convention on the Protection of the Underwater Cultural Heritage 2001
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The Convention on the Protection of the Underwater Cultural Heritage was adopted in 2001 but came into force in 2009 only. To date it has been either ratified or acceded to by 32 States. The Convention acknowledges in its preamble the "importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage", and is intended to enable States to effectively protect and preserve their underwater cultural heritage. By its protection of underwater cultural heritage, the Convention ensures that those heritages are available for future generations.
220.127.116.11. Universal Declaration on Cultural Diversity 2001
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The Universal Declaration on Cultural Diversity was adopted in 2001 and, although not a legallybinding instrument, is regarded as a groundbreaking, standard-setting instrument for the recognition of cultural diversity as "the common heritage of humanity", which is how it is described in Article 1. Its preamble states, inter alia, that "respect for the diversity of cultures, tolerance, dialogue and cooperation, in a climate of mutual trust and understanding are among the best guarantees of international peace and security". By expressly referring to the concept "cultural diversity", UNESCO did not imply at all that this is the first time that it became relevant in international law. The Declaration confirms in note 1 to the preamble that cultural diversity was what it had in mind in previous international instruments such as the Florence Agreement of 1950 and its Nairobi Protocol of 1976, the Universal Copyright Convention of 1952, the Declaration of the Principles of International Cultural Cooperation of 1966, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 1970, the Convention for the Protection of the World Cultural and Natural Heritage of 1972, the Declaration on Race and Racial Prejudice of 1978, the Recommendation concerning the Status of the Artist of 1980, and the Recommendation on the Safeguarding of Traditional Culture and Folklore of 1989.
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Articles 1 to 3 of the Declaration refer to the relation between cultural diversity, identity, pluralism and, lastly, development. Articles 4 to 6 explain the connection between cultural diversity and human rights and Articles 7 to 9 set out the links between cultural diversity and creativity. Finally, Articles 10 to 12 reiterate the importance of international cooperation and solidarity and the role of UNESCO in the protection and promotion of cultural diversity on an international level. The Declaration has been instrumental in the formulation of cultural policies globally.
18.104.22.168. Convention for the Safeguarding of the Intangible Cultural Heritage 2003
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The Convention for the Safeguarding of the Intangible Cultural Heritage was adopted in 2003 and came into force in 2006. To date it has 134 States Parties. The Convention is important in the sense that it expands the meaning of cultural heritage to include immaterial manifestations. Article 2 of the Convention describes "intangible heritage" to mean: 18
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... practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.
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The Convention makes an important contribution towards the multi-layered and multi-faceted nature of cultural diversity. It aims to safeguard a heritage that is historical but at the same time alive and constantly evolving, thereby giving recognition to the ever-changing nature of culture and societies. As explained by UNESCO on its official website at http://bit.ly/euoJVG:
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Cultural heritage is not limited to material manifestations, such as monuments and objects that have been preserved over time. This notion also encompasses living expressions and the traditions that countless groups and communities worldwide have inherited from their ancestors and transmit to their descendants, in most cases orally.
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The safeguarding of intangible heritage is an important factor in promoting and protecting cultural diversity, especially in times of globalization. An understanding of the differences between the intangible cultural heritages of communities encourages mutual respect for other ways of life.
22.214.171.124. Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (the CDC)
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The CDC, as already explained in sections 2 and 3 above, is the youngest offspring of UNESCO. The CDC became necessary to protect cultural diversity against the dangers of globalization. It is the first legally binding instrument on the specific issue of cultural diversity, and was adopted on 20 October 2005. To date the CDC has received widespread support. On 7 January 2011 the CDC had either been acceded to or ratified by 116 Member States, including the European Community. The CDC refers to the concept cultural diversity no less than sixteen times and the general opinion is that it is a positive step forward in corroborating the important role cultural diversity plays in international law. The major objectives of the CDC are quite ambitious and take account of the dual nature of cultural expressions, first as commercial commodities and, second as building blocks of identity and values. The principles set out in the CDC will potentially benefit governments, cultural industries and civic society in different ways and contexts. The CDC outlines an array of rights and duties on the part of Member States. They include the right to formulate and implement cultural policies; to adopt measures to protect and promote the diversity of cultural expressions; and to strengthen international co-operation to achieve the promotion and protection of the diversity of cultural expression. Obligations include the duty to promote and protect cultural expressions; to provide reports on a four-yearly basis with information on the measures taken to protect and promote cultural expressions; to encourage better understanding of the CDC through educational and public awareness programs; to strengthen partnerships with and among the components of civil society; to promote international co-operation; to integrate culture in sustainable development policies; to support co-operation for sustainable development and poverty reduction; and to encourage the sharing between Member States of information, expertise, statistics and best practices pertaining to the diversity of cultural expressions.
In the vernacular the CDC is known as the Cultural Diversity Convention, but this is not entirely apt, since its application has been narrowed down to only cultural expressions. The CDC sparked renewed 19
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debates on the issue of cultural diversity in international law. It continues with the trend of affording cultural differences a place among contemporary issues of importance, and it endeavors to counter the negative effects of globalism on cultural diversity by providing guidance to States. Although there is consensus about the need for such an instrument, there are some concerns about the scope, application and implementation of the CDC in general. The fact that an overwhelming number of countries have already ratified the Convention is also encouraging for its future performance.
5.1.2. Instruments in the field of the fight against racism
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The fight against racism and discrimination has been at the heart of UNESCO's mandate since its very creation. Since the late 1940s UNESCO has successfully mobilized academic and scientific communities to join this struggle. It has developed and adopted a number of instruments to address this social ill, which instruments remain key reference points for the struggle against racism.
126.96.36.199. Declaration on Race and Racial Prejudice 1978
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The Declaration on Race and Racial Prejudice reaffirms the "right to be different" and was adopted in 1978. The complexities of cultural identity and cultural diversity are acknowledged in Article 1(3) as follows:
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Identity of origin in no way affects the fact that human beings can and may live differently, nor does it preclude the existence of differences based on cultural, environmental and historical diversity nor the right to maintain cultural identity
In the same breath, any form of racism or racial prejudice is condemned in Article 3, which reads:
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Any distinction, exclusion, restriction or preference based on race, colour, ethnic or national origin or religious intolerance motivated by racist considerations, which destroys or compromises the sovereign equality of States and the right of peoples to self-determination, or which limits in an arbitrary or discriminatory manner the right of every human being and group to full development is incompatible with the requirements of an international order which is just and guarantees respect for human rights; the right to full development implies equal access to the means of personal and collective advancement and fulfilment in a climate of respect for the values of civilizations and cultures, both national and world wide.
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The Declaration calls upon all Member States to ratify the international instruments designed to aid in the countering and elimination of racial discrimination and to take appropriate measures to prevent and punish acts of racial discrimination and to ensure that reparation is made to the victims of racial discrimination. The Declaration is important in that it recognizes that some differences have led and are still leading to the infringement of human rights. In other words, being different should not lead to unfair discrimination; this is not what the promotion and protection of cultural diversity entails.
188.8.131.52. Declaration of Principles on Tolerance 1995
The Declaration of Principles on Tolerance was adopted in 1995 and resolved to-
… take all positive measures necessary to promote tolerance in our societies, because tolerance is not only a cherished principle, but also a necessity for peace and for the economic and social advancement of all peoples
The purpose of the Declaration is to re-state the need for societies to live together with differences, which poses new challenges in the era of globalization and information technology.
5.1.3. Instruments in the field of human rights 20
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In order to promote cultural diversity in community life consistent with international human rights standards, UNESCO has developed and adopted a number of instruments which focus on the human rights aspect of cultural diversity.
184.108.40.206. Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It 1976
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The General Conference of UNESCO adopted the Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It in 1976. It includes provisions related to cultural and human differences, viz.:
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a) "... paying special attention to creative cultural and artistic non-institutional and non-professional activities and by providing all possible support to amateur activities in all their diversity (para 7(a))"; and
b) "... bearing in mind the extreme diversity of audiences (para 14(h))" in the case of communication programs.
220.127.116.11. Declaration on the Responsibilities of the Present Generations towards Future Generations 1997
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The Declaration on the Responsibilities of the Present Generations towards Future Generations was adopted in 1997. Article 2 of the Declaration refers to the preservation of cultural and religious diversity and states as follows:
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It is important to make every effort to ensure, with due regard to human rights and fundamental freedoms, that future as well as present generations enjoy full freedom of choice as to their political, economic and social systems and are able to preserve their cultural and religious diversity.
5.1.4. Instruments in the field of information and technology
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The preservation of digital resources and universal access to information in cyberspace are amongst the issues which needs protection on a global scale and, in this regard, UNESCO issued a number of international instruments as well.
18.104.22.168. Charter on the Preservation of Digital Heritage 2003
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The Charter on the Preservation of Digital Heritage was adopted in 2003 and makes provision for the development of strategies and policies for the protection and promotion of digital heritage in the wake of increasing worldwide awareness of the importance of this heritage and the need to preserve it. The interconnectedness between culture and digital heritage is acknowledged in Article 9, which reads:
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The digital heritage is inherently unlimited by time, geography, culture or format. It is culture-specific, but potentially accessible to every person in the world. Minorities may speak to majorities, the individual to a global audience.
22.214.171.124. Recommendation on the Promotion and Use of Multilingualism and Universal Access to Cyberspace 2003
The Recommendation on the Promotion and Use of Multilingualism and Universal Access to Cyberspace was adopted in 2003. In its preamble linguistic diversity in the global information 21
networks and universal access to information in cyberspace are recognized as the core of contemporary debates which "can be a determining factor in the development of a knowledge-based society".
5.1.5. Instruments in the field of education
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From the outset UNESCO was thoroughly alert to the fact that respect for otherness could be achieved only through the exchange of knowledge from an early age. It was thus necessary to develop and adopt instruments which could achieve this objective.
126.96.36.199. Convention against Discrimination in Education 1960
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The Convention against Discrimination in Education was adopted in 1960 and entered into force in 1962. To date the Convention has 98 States Parties. The preamble of the Convention refers to the objective of "respecting the diversity of national educational systems" but simultaneously reiterates that UNESCO has a duty to proscribe "any form of discrimination in education but also to promote equality of opportunity and treatment for all in education".
188.8.131.52. Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms 1974
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The Recommendation concerning Education for International Understanding, Cooperation and Peace and Education relating to Human Rights and Fundamental Freedoms was adopted in 1974. The recommendation refers to States' responsibilities to prepare teachers to pursue the objectives of the Recommendation by teaching them the "ability to instil appreciation of the riches which the diversity of cultures can bestow on every individual, group or nation (par VII(33))".
184.108.40.206. Recommendation on the Recognition of Studies and Qualifications in Higher Education 1993
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The Recommendation on the Recognition of Studies and Qualifications in Higher Education was adopted in 1993 by UNESCO's General Conference. In the preamble to the Recommendation attention is drawn to the "great diversity of the cultures and higher education systems existing in the world", which "constitutes an exceptional resource that must be preserved, promoted and fostered".
5.2. Group 2: Other International Instruments
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Other international instruments can also arbitrarily be classified according to the general field they operate in, such as human rights, cultural heritage, intellectual property protection, cultural goods and services, and linguistic diversity. Regional and sub-regional instruments are not discussed here and the international documents will be referred to only in summary, to provide some context for the treatment of culture in general and cultural diversity in particular.
Instruments in the field of human rights envisage cultural rights as basic and fundamental to the dignity of human beings. The following are a few examples:
UN Universal Declaration of Human Rights 1948: Articles 22 and 27 refer to the realization of individual and communal cultural rights.
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UN International Covenant on Economic, Social and Cultural Rights 1966: Culture as a human right is a recurring theme in this instrument and is linked with peoples' dignity, freedom and development.
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UN International Covenant on Civil and Political Rights 1966: Article 1 confirms peoples' right to self-determination, by virtue of which they may freely determine their political status and freely pursue their economic, social and cultural development. In addition, Article 27 protects the right of minorities (ethnic, religious or linguistic) to enjoy their culture, practise their religion or use their language as members of their particular group.
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Strictly speaking, instruments in the field of linguistic diversity also resort under the last category. Instruments that underline the importance of preserving linguistic diversity as a human right include the UN International Covenant on Civil and Political Rights 1966 as referred to above.
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Instruments in the field of cultural heritage focus on the preservation of cultural heritage as essential for the development of all people and include, in addition to those adopted by UNESCO, the General Agreement on Tariffs and Trade 1947 (the GATT-agreement) which, though it does not refer to diversity or culture in so many words, makes provision for an exception in the case of protection of "national treasures of artistic, historic or archaeological value" in Article XX(f). The GATT agreement is designed to provide an international forum that encourages free trade among Member States by regulating the traffic of goods and providing mechanisms to resolve disputes. And the UNIDROIT Convention on Stolen and Illegally Exported Cultural Objects 1995 aims at the prevention of illegal exports of cultural goods because of the importance that cultural heritage and exchanges have for promoting "understanding between peoples, and the dissemination of culture for the well-being of humanity and the progress of civilization (preamble)".
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Instruments in the field of protecting copyright include the well-known WIPO Bern Convention for the Protection of Literary and Artistic Works 1886, the WIPO Performances and Phonograms Treaty 1996 and the WIPO Copyright Treaty 1996. Notably, the instruments provide for special circumstances in the case of developing countries' cultural needs and give recognition to the doings of UNESCO.
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Instruments in the field of the circulation of cultural goods and services seem to be contradictory when it comes to the protection of cultural diversity. Some imply that there is no imperative to protect threatened national cultural production, whilst others support a vision of cultural diversity that protects and promotes the production and distribution of national culture. Article IV of the GATT-agreement 1994 is an example of the former, because it makes no distinction between the trade of cultural and other goods. On the other hand, the instruments of UNESCO already referred to in section 5.1.1 above support arguments in favour of the viewpoint that protection must be given to cultural goods in order to enhance cultural diversity.
6. Concluding Remarks
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In earlier years, ignorance of cultural differences was believed to be one of the major catalysts of conflict between States. UNESCO's approach to cultural diversity was initially directed at conflict prevention based on knowledge as the key to mutual understanding and peace. Culture was defined in connection with material manifestations (for example, arts and crafts, folk-music, television and radio). This approach underwent considerable changes as UNESCO's understanding of the complexities of cultural diversity developed alongside global realities and social needs. One of the first changes came with UNESCO's realization of the link between culture and politics in the cadre of the decolonized and 23
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the resurgence of cultural identities. It did not take too long before UNESCO took cognizance of the interconnectedness between culture and development, especially within the borders of developing countries. UNESCO's understanding of cultural diversity was further ramified when it realized the importance of cultural diversity for democracy, which meant that cultural diversity formed the bedrock for cultural relations between and within States. The issue of immigration and the challenges it brought to the fore suddenly grabbed the attention of the international world. Differences between cultural communities and the homogenous communities they infiltrated suddenly became problematic, and new policies had to be developed to deal with the situation. Today, in the wake of the mammoth proportions of globalization, the issues are even salient. Calls for unification have slowly but surely been superseded by calls to promote and protect cultural diversity, and the linkage between the right to be different and human dignity is no longer tainted with fuzziness.
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Culture and more particularly cultural diversity have gradually become a reckoning force in international law and should be on the agendas of all States, especially those confronted with culturally different communities within their borders. Trendsetting international instruments and numerous background documents exist to facilitate the promotion and protection of cultural diversity globally.
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UNESCO acts in many ways to promote and protect the various aspects of cultural diversity. First of all, it facilitates research to make the formulation of strategies and policies possible on an international level. Secondly, it accumulates a wealth of information available for exchange, sharing and capacitybuilding. Thirdly, it adopts trendsetting instruments and documents inviting States to develop common cultural policies and laws for the promotion and protection of cultural diversity. Lastly, it encourages international cooperation to ensure that global respect for cultural diversity is cultivated.
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Future trends and approaches towards cultural diversity within UNESCO can be derived from its 2009 UNESCO World Report, which regards itself as timely within the context of the current financial crisis and its consequences for the economy, labor markets, social policies and international cooperation. The fear exists that culture will be the lamb to sacrifice when competing priorities arise. UNESCO intends to make sure that this does not happen, and points out that culture is the "very substratum of all human activities, which derive their meaning and value from it (Preface to the 2009 UNESCO World Report)". For this reason, the promotion and protection of cultural diversity can help to ensure development, peace and economic stability. In other words, recognition of the value of cultural diversity is essential to attaining the MDGs. The 2009 UNESCO World Report reflects a new policy representative of UNESCO as a whole, and its objectives are a clear departure from previous initiatives, which consisted mainly of theoretical discussions on cultural diversity. The Report analyses all aspects of cultural diversity, tries to show the importance of cultural diversity in different areas, and endeavors to convince decision-makers and stakeholders of the importance of investing in cultural diversity as an essential dimension of intercultural dialogue. It is an ambitious document with ambitious aspirations. One can only hope that States everywhere will respond to this international call for the promotion and protection of all aspects of cultural diversity. Only then could we begin to celebrate difference and to create just societies.
CDC: Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005
CDD: Universal Declaration on Cultural Diversity
CDPL: Cultural Diversity Programming Lens
EU: European Union
MDG: Millennium Development Goals
UN: United Nations
UNDP: United Nations Development Programme
UNEP: United Nations Environment Programme
UNESCO: United Nations Educational, Scientific and Cultural Organisation
UNIDROIT: International Institute for the Unification of Private Law
WIPO: World Intellectual Property Organisation
WTO: World Trade Organisation
Bernier, Ivan (2006) Implementing the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Future Actions. Imprimerie Laval Lemay: Canada. [Discusses the implementation of the CDC.]
Burri, Mira. "Cultural Diversity as a Concept of Global Law: Origins, Evolution and Prospects". In (2010) Diversity pp. 1059-1084. [Discusses the roots of cultural diversity and its development in global law, accessible at http://bit.ly/gNFXEk.]
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Cerna, Christina M. "Universality of Human Rights and Cultural Diversity: Implementation of Human Rights in Different Socio-Cultural Contexts". In (1994) Human Rights Quarterly pp. 740-752. [Discusses some of the dynamics between cultural diversity and universality of human rights.]
Donders, Yvonne M. (2002) Towards a Right to Cultural Diversity? Intersentia: Antwerpen. [The author discusses cultural identity in the context of human rights.]
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Du Plessis, Anél A. and Rautenbach, Christa "Legal Perspectives on the Role of Culture in Sustainable Development." In (2010)(13)1 Potchefstroom Electronic Law Journal, accessible at http://bit.ly/ha8MlR) [Contains a discussion of the concepts "culture" and "diversity" with a useful list of relevant sources.]
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Goncalves, Maria Paola (1998) A Cultural Decade: Reflections on the World Decade for Cultural Development 1988-1997. Studies and Reports of the Unit of Cultural Research and Management - No. 5. [Reflects on the successes and shortcomings of the World Decade for Cultural Development.]
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Graber, Christoph B "The New UNESCO Convention on Cultural Diversity: A Counterbalance to the WTO?" In (2009) Journal of International Economic Law pp. 553-574. [Discusses potential conflict between trade and culture in light of the CDC.]
Hawkes, Jon (2001) The Fourth Pillar of Sustainability: Culture's Essential Role in Public Planning. Cultural Development Network (Vic): Melbourne. [Reflections on the role of cultural diversity as a pillar of sustainability.]
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Horst, Nathan. "Creating an Ever Closer Union: The European Court of Justice and the Threat to Cultural Diversity". In (2008) Columbia Journal of Transnational Law pp. 166-207. [Contains views on the unification policies of the EU which may be seen as a threat to cultural diversity.]
Kymlicka, Will (1995) Multicultural Citizenship: A Liberal Theory of Minority Rights. Clarendon Press: Oxford. [Discusses the issue of cultural diversity within States.]
Kymlicka, Will. (2007) Multicultural Odysseys: Navigating the New International Politics of Diversity. Oxford University Press: USA. [The author examines the global diffusion of multiculturalism.]
Leuprecht, Peter. "The Difficult Acceptance of Diversity". In (2006) Vermont Law Review pp. 551-564. [Addresses the issue of acceptance of diversity from the view of international law.]
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Liaison Bureau (2000) List of International Instruments which make Reference to Culture, accessible at http://bit.ly/gF4WQA. [Contains a general list of international documents containing culture which may be relevant to cultural diversity discussions. The list is based on research done by Bernier, Ivan of the l'Université Lavale and Stephan, Paape of the Department of Canadian Heritage.]
Moore, Margaret "Political Liberalism and Cultural Diversity". In (1995) Canadian Journal of Law & Jurisprudence pp. 297-310. [Theoretical discussion of Rawls' theory of political liberalism and its link with cultural diversity.]
Obuljen, Nina & Smiers, Joost. (2006) UNESCO's Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Making it Work. Institute for International Relations: Zagreb. [Contains scholarly contributions on the CDC].
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Parsons, Talcott & Shils, Edward "Values and Social Systems". In Alexander, Jeffrey & Seidman, Steven. Eds. (1990) Culture and Society, Contemporary Debates Cambridge University Press: New York pp.39-46. [Contains a discussion of the concept "culture".]
Ranaivoson, Heritiana (September 2007) Measuring Cultural Diversity: A Review of Existing Definitions. [Concept Paper reviewing definitions of cultural diversity, accessible at http://bit.ly/g67nRK.]
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Rautenbach, Christa & Du Plessis, Anél "Fragmentation: Friend or Foe in the Effective Implementation of the Cultural Diversity Convention in South Africa." In (2009) 34 South African Yearbook of International Law pp. 132-158. [Discusses the potential implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of 2005 on South Africa and contains a body of sources on cultural diversity.]
Schmale, Wolfgang (1993) Human Rights and Cultural Diversity. Keip: Goldbach. [Contains contributions that reassess the foundations of a universal understanding of human rights on the basis of an intercultural comparison.]
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Schneider, Hildegard & Van den Bossche, Peter. Eds. (2008) Protection of Cultural Diversity from a European and International Perspective Antwerpen: Intersentia. [Contains contributions of the international conference on The Protection of Cultural Diversity from an International Perspective held on 18 and 19 March at the Maastricht University, the Netherlands].
Stenou, Katérina. Ed. (2007) Unesco and the Question of Cultural Diversity 1946-2007: Review and Strategy (Cultural Diversity Series No. 3). UNESCO: France. [Provides an overview of UNESCO's cultural strategies from 1946 to 2007.]
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Tam, Myra & Linder, Mindy (2009) United Nations Educational, Scientific and Cultural Organization (UNESCO) Background Paper. Center for Community Arts and Cultural Policy: CCACP Research Interest Group for International Cultural Policy and Administration. [A detailed discussion of UNESCO, its cultural sector and its initiatives regarding culture, accessible at http://bit.ly/fkvqHe.]
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Taylor, Charles (1983) Social Theory as Practice Oxford University Press: Delhi. [Contains three lectures that defend a view of social science as quite distinctive from natural science with a view to understand ethnocentricity and cross-cultural understanding.]
Tierney, Stephen. Ed. (2007) Accommodating Cultural Diversity. Ashgate: USA. [Contains theoretical discussions on cultural diversity.]
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UN Alliance of Civilizations (2006) Report of the High-Level Group for the Alliance of Civilizations. UN: New York. [The Report addresses widening rifts between societies of different cultural and religious traditions which has been referred to as the "clash of civilizations".]
UNESCO (1977) Medium-Term Plan (1977-1982). UNESCO: France. [Contains the objections of UNESCO's MediumTerm plan approved at the 19th session of the General Conference.]
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UNESCO (1988) A Practical Guide to the World Decade for Cultural Development 1988-1997: Celebrated Under the Auspices of the United Nations Organization and UNESCO. UNESCO: Paris. [Contains guidelines for taking culture into account in development.]
UNESCO (1990) World Decade for Cultural Development 1988-1997: Plan of Action. Workshop of UNESCO. [Contains an outline plan for the realisation of the four objectives of the World Decade for Cultural Development.]
UNESCO (1998) Final Report of the Intergovernmental Conference on Cultural Policies for Development. UNESCO: Sweden. [Contains information regarding the events that took place during the conference and important decisions taken.]
UNESCO (1999) Towards a Constructive Pluralism. UNESCO: Paris [Contains information on the colloquium entitled "Towards a Constructive Pluralism held in Paris 1999].
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UNESCO (2009) UNESCO World Report: Investing in Cultural Diversity and Intercultural Dialogue. UNESCO: Paris. [The Report emphasizes the role of cultural diversity in a global setting and sets out the viewpoints of UNESCO in this regard.]
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Van den Bossche, P. & Dahrenhof, A. (November 2006) Selected Bibliography on International Law and the Protection of Cultural Diversity. WTO Law and Culture Project: Maastricht. [Contains a list of selected sources on the issue of cultural diversity, accessible at http://bit.ly/fL2O4F.]
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Von Bogdandy, Armin "The European Union as Situation, Executive, and Promoter of the International Law of Diversity – Elements of a Beautiful Relationship". In (2008) The European Journal of International Law pp. 241-275 [Discusses the relationship between the EU's unification policies and the promotion of cultural diversity.]
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World Commission on Culture and Development (1995) Our Creative Diversity: Report of the World Commission on Culture and Development. UNESCO: Paris. [Contains a detailed discussion of cultural diversity issues in an international context.]
Young, Iris M. (1990) Justice and the Politics of Difference. Princetown University Press: Princetown. [Discusses the link between the concept of justice and difference.]
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Christa Rautenbach is a professor at the Faculty of Law, North-West University (Potchefstroom Campus), South Africa, where she obtained the degrees B Iuris (cum laude), LLB (cum laude), LLM and LLD. She teaches legal pluralism and law of succession to undergraduate and postgraduate students and is actively involved in researching issues pertaining to African customary law and legal pluralism. She has published extensively on these subjects in national and international journals. She is an Alexander von Humboldt alumnus and undertook several research visits to the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany. Other research visits include the Van Vollenhoven Institute in Leiden and the School of Oriental and African studies in London. She is co-editor and co-author of a number of textbooks or chapters in textbooks including: "Customary Law of Succession and Inheritance" Pp. 190-246 in Joubert, Willem A., Faris, J.A. & Church, Joan. Eds. (2009) Law of South Africa. LexisNexis: Durban; (2010) Introduction to Legal Pluralism in South Africa. LexisNexis: Durban; and (2009) Law of Succession in South Africa. Oxford University Press: Goodwood. She is also co-editor of the Potchefstroom Electronic Law Journal. Her current research interests include matters of cultural diversity and cultural governance in international and domestic law and the use of foreign precedent by constitutional court judges.