United Nations Educational, Scientific and Cultural Organization Organisation des Nations Unies pour l éducation, la science et la culture

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1 United Nations Educational, Scientific and Cultural Organization Organisation des Nations Unies pour l éducation, la science et la culture Distribution limited CLT/CPD/2004/CONF.607/6 Paris, 23 December 2004 Original English/French PRELIMINARY DRAFT CONVENTION ON THE PROTECTION OF THE DIVERSITY OF CULTURAL CONTENTS AND ARTISTIC EXPRESSIONS TEXT REVISED BY THE DRAFTING COMMITTEE DECEMBER 2004 Background: The Intergovernmental Meeting of Experts on the Preliminary Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions (UNESCO, September 2004) decided at its first session to establish a Drafting Committee consisting of 24 members (four per electoral group). The Drafting Committee was given the task of proposing a revised version of the preliminary draft incorporating the written comments transmitted by the Member States to the Director-General of UNESCO in reply to his circular letter of 15 July 2004 (CL/3726), within the statutory deadline. The Committee hereby submits its report containing the revised text of the preliminary draft to the Intergovernmental Meeting at its second session, to be held from 31 January to 12 February The revised text is the result of consideration by the Drafting Committee of the 88 contributions (comments and amendments) addressed by Member States to the Director-General. Fifteen nongovernmental organizations (NGOs) and three intergovernmental organizations (IGOs), UNCTAD, WTO and WIPO, also submitted comments, which were made available to the Committee. Those contributions were presented by the Secretariat in a document in five separate sections: Part I: General comments submitted by Member States; Part II: Specific comments submitted by Member States on individual chapters along with justification for proposed amendments; Part III: Amendments proposed by Member States; Part IV: Comments proposed by the IGOs; Part V: Comments and amendments proposed by NGOs. A summary of comments and amendments by Member States and NGOs was also provided to the Drafting Committee with a view to facilitating the overall analysis of the contributions received. Composition: Chapter 1 of the present document contains a brief report of the work of the Drafting Committee. Chapter 2 contains the revised text of the preliminary draft, showing, on the one hand, the parts on which a range of options were discussed by the Committee, together with its comments thereon (title and Articles 1 to 11), and on the other hand, the remaining parts, with a series of options that were not discussed (Preamble, Articles 12 to 34 and annexes). Chapter 3 contains the summary of the comments and amendments of the Member States and NGOs as mentioned above. (CLT-2004/CONF.607/CLD.6)

2 - 2 - TABLE OF CONTENTS PAGE 1. REPORT ON THE WORK OF THE DRAFTING COMMITTEE REVISED TEXT OF THE DRAFT CONVENTION ON THE PROTECTION OF THE DIVERSITY OF CULTURAL CONTENTS AND ARTISTIC EXPRESSIONS 8 TITLE...8 PREAMBLE Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph Paragraph I. OBJECTIVES AND GUIDING PRINCIPLES Article 1 - Objectives Objective (a) Objective (b) Objective (c) Objective (d) Objective (e) Objective (f) Objective (g) Article 2 - Principles Principle Principle Principle Principle Principle

3 - 3 - Principle Principle Principle Principle II. SCOPE OF APPLICATION AND DEFINITIONS Article 3 - Scope of the Convention Article 4 - Definitions Culture Cultural diversity Cultural expressions Cultural goods and services Cultural industries Cultural capital Cultural policies III. RIGHTS AND OBLIGATIONS OF STATES PARTIES Article 5 - General rules on rights and obligations III.1 Rights and obligations at the national level Article 6 - Rights of States Parties at the national level Article 7 - Obligation to promote the diversity of cultural expressions Article 8 - Obligation to protect vulnerable forms of cultural expressions...63 Article 9 - Obligation of information and transparency Article 10 - Obligation of public awareness and education Article 11 - Responsibility and participation of civil society...71 III.2 Rights and obligations relating to international cooperation Article 12 - Objectives 73 Article 13 - International consultation and coordination.76 Article 14 - Aid for co-production and dissemination..77 Article 15 - Establishment of a Cultural Diversity Observatory. 78 Article 16 - Cooperation for development Article 17 - Preferential treatment for developing countries Article 18 - Partnerships for development... 83

4 - 4 - IV. RELATIONSHIP TO OTHER INSTRUMENTS Article19 - Relationship to other instruments...87 V. FOLLOW-UP BODIES AND MECHANISMS Article 20 - General Assembly of States Parties Article 21 - Intergovernmental Committee Article 22 - Advisory Group Article 23 - UNESCO Secretariat Article 24 - Settlement of disputes VI. FINAL CLAUSES Article 25 - Ratification, acceptance or approval Article 26 - Accession Article 27 - Competent authorities Article 28 - Entry into force Article 29 - Federal or non-unitary constitutional systems Article 30 - Denunciation Article 31 - Depository functions Article 32 - Amendments Article 33 - Authoritative texts Article 34 - Registration Annex 1 Non-exhaustive list of cultural goods and services Annex II Non-exhaustive list of cultural policies Annex III Arbitration Procedure Annex IV Conciliation Procedure SUMMARY OF THE COMMENTS AND AMENDMENTS SUBMITTED BY THE MEMBER STATES AND NGOs..113

5 REPORT ON THE WORK OF THE DRAFTING COMMITTEE I. Introduction 1. At its first session, the Intergovernmental Meeting of Experts on the Preliminary Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions (Paris, September 2004) decided, in accordance with Article 4 of its Rules of Procedure, to establish a Drafting Committee made up of 24 members, with four experts from four Member States from each of the six electoral groups. The Drafting Committee met at UNESCO Headquarters from 14 to 17 December A large number of experts (over 90) representing 23 Member States participated in the meeting (the expert from Armenia was not able to attend). The following Member States were represented: Group I - Finland, France, Switzerland, United States of America; Group II - Armenia, Croatia, Hungary, Russian Federation; Group III - Barbados, Brazil, Costa Rica, Ecuador; Group IV - China, India, Japan, Republic of Korea; Group V(a) - Benin, Madagascar, Nigeria, Senegal; Group V(b) - Algeria, Lebanon, Saudi Arabia, United Arab Emirates. In addition to the representatives of the 23 Member States participating on the Drafting Committee, a large number of additional Member States 1 and several IGOs (European Commission 2, UNCTAD and the Latin Union) took part in one or more sessions. Furthermore, the NGO-UNESCO Liaison Committee was present throughout the session. II. Opening of the meeting 3. The Director-General, in his opening address, greeted the participants and expressed satisfaction at the interest shown in the drafting of this convention, and at the quality of the comments he had received. Mr Matsuura said that he was especially satisfied with the cooperation between the three international organizations that the General Conference had invited him to consult: UNCTAD, WIPO and WTO. He also expressed his satisfaction at the quality of the contributions submitted by the NGOs. Recalling the task assigned to the Drafting Committee, he urged it to adopt an approach which combined impartiality with flexibility in order to meet what he called a "delicate challenge". The Director-General recalled that the Drafting Committee would spend the following four days involved in the intricate work of taking in all of the comments and making proposals for formulations in clear legal language which misrepresented no one while seeking to produce a synthesis. Mr Matsuura concluded by recalling the timetable for remaining work on the Convention. 4. Taking the floor after the Director-General, Professor Kader Asmal, Chairman of the Intergovernmental Meeting of Experts, expressed his satisfaction that so many comments had been gathered from so many different sources within such a short space of time - between the end of the first session of the Intergovernmental Meeting of Experts (24 September 2004) and the meeting of the Drafting Committee (14-17 December 2004). He commended the quality of the documents 1 Australia, Austria, Belgium, Canada, Cambodia, Chile, Denmark, Egypt, Estonia, Ethiopia, Ghana, Greece, Iran, Italy, Jamaica, Kazakhstan, Laos, Luxembourg, Monaco, Morocco, Netherlands, Norway, Saint Lucia, Saint Vincent and The Grenadines, Slovakia, South Africa, Sweden, Tanzania, Thailand, Tunisia, Turkey, Ukraine Uruguay, Permanent Observers of Palestine and Holy See. 2 The legitimacy of the mode of participation by the European Commission was contested by certain members of the Drafting Committee.

6 - 6 - drawn up by the Secretariat who accomplished a veritable tour de force by making this data not only available but also legible and understandable by all in such a short amount of time. Professor Asmal observed that many of the comments received called for clarification of the underlying principles of the text: "cultural expressions", "cultural contents", "cultural policies" and even "endangered culture", "vulnerable culture" and so on. He noted that most Member States considered the rights and obligations of the States Parties in regard to the protection and promotion of the diversity of cultural expressions to be at the heart of the current Convention. Similarly, in the spirit of international solidarity embodied in the text, there had been a clearly expressed desire to strengthen the mechanisms of cooperation and to highlight their innovative nature. Concerning the task of the Drafting Committee, Professor Asmal stated that one of its most difficult task would be to find the most suitable legal forms and terms while taking care to ensure the necessary relationship between the Convention currently being drafted and existing international instruments. III. Election of the Chairperson and the Rapporteur 5. After welcoming the members of the Drafting Committee, the Assistant Director-General for Culture reserved a special greeting for Professor Kader Asmal and Artur Wilczynski, respectively Chairman and Rapporteur of Intergovernmental Meeting of Experts. He then recalled the composition and terms of reference of the Drafting Committee and suggested that it did not need to adopt any rules of procedure given that it was a direct emanation of the Category II intergovernmental meeting, in accordance with Article 4 "Subsidiary Bodies" of the Rules of Procedure adopted by the Intergovernmental Meeting of Experts at its plenary session in September 2004, whose provisions applied mutatis mutandis to the Drafting Committee. He introduced Item 2 of the agenda concerning the election of the Chairperson and the Rapporteur. Mr Jukka Liedes (Finland) and Mr Robert Dossou (Benin) were elected by consensus as, respectively, Chairperson and Rapporteur of the Drafting Committee. IV. Introduction by the Chairman 6. The Chairman, after thanking the members of the Drafting Committee for their confidence in him, proceeded to the adoption of the agenda and set out the goals of the Drafting Committee. He hoped that it would be possible for the Committee to produce a revised preliminary draft convention within the very short space of time it had been granted. The revised text would provide a basis for the work of the Intergovernmental Meeting of Experts at its next session (31 January-12 February 2005). The Chairman recalled that the task of the Drafting Committee was to do as much as possible to facilitate the deliberations of the Intergovernmental Meeting of Experts at its second session with a view to arriving at a consolidated document. He appealed to the members of the Drafting Committee to refrain from making general statements or to express position in the name of their governments, which can be found in the consolidated document prepared by the Secretariat. He recalled that the Committee should not turn into a negotiating body. Finally, he asked the Committee to identify points of convergence while at the same time ensuring that it did not ignore proposals which enjoyed less substantial support but nevertheless warranted special attention. At the request of the Chairman, and in order to facilitate the Committee's work, the Secretariat was asked to provide a version reflecting the various amendments of the Member States contained in the working documents in the form of options. The Committee was thus invited to discuss each article in the preliminary draft together with the various options. In an ensuing discussion, the

7 - 7 - Drafting Committee agreed upon a method of coding the evaluations of the various members in order to clearly determine the degree of convergence on the specific options proposed. The Chairman stated that on the basis of the main trends that emerged in the debate, he would provide the second session of the Intergovernmental Meeting of Experts with a version presenting the various options and highlighting those tendencies. V. Presentation of the working documents by the Secretariat 7. The Chairman gave the floor to the Secretariat in order to present Item 5 of the agenda. The Director of the Division of Cultural Policies and Intercultural Dialogue presented the working documents by succinctly commenting on the contributions received and the Secretariat s analytical method employed to facilitate the task of the Drafting Committee. These contributions, presented in five distinct sections each one constituting a separate document, were determined by the varied nature of the responses submitted by the State Members from the general comments (Part I) to specific comments (Part II) and amendments (Part III), as well as comments proposed by the three IGOs UNCTAD, WTO and WIPO (Part IV) and comments and amendments submitted by NGOs (Part V). A 16-page summary of comments and amendments by Member States and NGOs with a view to facilitating comprehension of the consolidated document of approximately 400 pages was prepared by the Secretariat. It should be noted that the extensive range of comments do not necessarily reflect the final positions of Member States as many of them are in the process of undertaking inter-ministerial consultation. The absence of comments and amendments can not be construed to as a sign of agreement of disagreement as these States reserve the right to actively participate in future debates. Nevertheless, the 88 responses received from Member States, in addition to the 3 contributions from the IGOs and the 15 from NGOs, make up a representative sample allowing the Committee to propose concise and reliable formulations. VI. General debate 8. Over the four days of debate, the Drafting Committee examined the title and Articles 1 to 11. Time was too short for the Committee to examine the proposed options related to the Preamble, Articles 12 to 34 and the Annexes, and consequently, it was not possible to determine the degree of convergence on these options. Concerning the presentation of the results of the work of the Drafting Committee, it was decided to compile all of the options: those that it examined and appear in the present document as well as those that were not debated and for which no clear trends could be determined. 9. During the discussions, the Committee singled out a number of recurrent issues such as the use of the terms cultural diversity, "cultural expressions", "cultural contents and expressions" and even "States Parties" or "Contracting Parties". The Drafting Committee did not believe it to be within its remit to give an opinion on such questions, and referred them back to the Intergovernmental Meeting of Experts at its second session. 10. Lastly, the Drafting Committee decided not to examine the new proposals submitted by Member States, which appear in Part III of the consolidated document and have been reproduced in the present document, because its mandate does not authorize it to negotiate new ideas impacting the nature and scope of the Convention. Regarding these new proposals; the Committee will refer them for review by the Intergovernmental Meeting of Experts at its second session. By the same token, it decided to submit for review at the second session the proposals or amendments by Member States that had reached the Secretariat after the statutory deadline.

8 REVISED TEXT OF THE DRAFT CONVENTION ON THE PROTECTION OF THE DIVERSITY OF CULTURAL CONTENTS AND ARTISTIC EXPRESSIONS TITLE CONVENTION ON THE PROTECTION OF THE DIVERSITY OF CULTURAL CONTENTS AND ARTISTIC EXPRESSIONS 1 OPTION 5 OPTION 6 OPTION 7 OPTION 8 OPTION Convention on the protection and promotion of the diversity of cultural contents and artistic expressions Convention on the promotion and protection of the diversity of artistic and cultural contents and expressions Convention on the preservation, promotion and protection of the diversity of cultural contents and artistic expressions Convention on the protection, preservation, development and promotion of the diversity of cultural contents and artistic expressions Convention on the promotion of the diversity of cultural contents and artistic expressions Convention on the preservation and promotion of the diversity of cultural contents and artistic expressions Convention on the promotion and development of the diversity of cultural contents and expressions Convention on the protection and promotion of the diversity of cultural contents and expressions Convention on the protection and promotion of cultural diversity and cultural expressions Convention on the development and preservation of the diversity of cultural contents and expressions Convention on the protection and promotion of the diversity of cultural expressions Convention for the preservation and promotion of the diversity of cultural expressions Convention on the preservation and promotion of cultural expressions Convention on the protection and promotion of cultural diversity Convention on the protection of cultural diversity Convention on cultural diversity 1 The original version of the draft convention as sent to Member States on 15 July 2004 appears in bold throughout this document.

9 - 9 - Remarks of the Drafting Committee This point generated long debate because it was felt that the title should properly reflect the scope of the Convention. There was strong support for the proposal to place the term promotion alongside that of protection. There was limited support for the proposal to replace protection by preservation. After the debates, Committee members considered that the choice of terms used in the second part of the title cultural expressions and cultural contents and expressions, cultural contents and artistic expressions and cultural diversity should be examined at the plenary session.

10 PREAMBLE The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as UNESCO, meeting in Paris from xxx to xxx at its xxx session, PARAGRAPH 1 Affirming the fundamental right of all individuals and societies to share in the benefits of diversity and dialogue as primary features of culture, as the defining characteristics of humanity, OPTION 5 OPTION 6 Affirming the fundamental right of all individuals to participate in the cultural life of their choice, to engage in their own cultural practices and to enjoy cultural diversity within the limits set by respect for human rights and fundamental freedoms, Affirming the importance of cultural diversity as a common asset of humanity that should be recognized and preserved for the benefit of all, Affirming the fundamental right of all individuals and societies to share fully in the flourishing and the benefits of cultural diversity and dialogue as primary features of culture, as the defining characteristics of humanity, Affirming the fundamental right of all individuals and societies to share in the benefits of cultural diversity through dialogue and interactions among peoples, Affirming the fundamental right of all individuals, peoples and societies to share in the benefits of diversity and dialogue as primary features of culture, as the defining characteristics of humanity, Affirming the fundamental right of all individuals and societies to live in their own culture and to share in the benefits of diversity and dialogue as primary features in the formation of their cultural identity and interculturality, as the defining characteristics of humanity,

11 PARAGRAPH 2 Being aware that cultural diversity, the common heritage of humanity, is a mainspring of sustainable development, and that it is thus as vital for humankind as biological diversity is for living organisms, OPTION 5 Delete this paragraph Being aware that cultural diversity, the common heritage of humanity, is an essential element for sustainable development, and also vital for the survival of humankind, Being aware that cultural diversity, the common heritage of humanity, is a source of exchange, innovation and creativity creating a mainspring of sustainable development, and that it is thus as vital for humankind as biological diversity is for living organisms, Being aware that cultural diversity, the common heritage of humanity, is one of the mainsprings of harmonious sustainable development, and that it is thus as vital for humankind as biological diversity is for living organisms, Being aware that cultural diversity, pillar of the common heritage of humanity, is a mainspring of sustainable development, and that it is thus as vital for humankind as biological diversity is for living organisms, PARAGRAPH 3 Being aware that cultural diversity, flourishing within a framework of democracy, tolerance and social justice, is indispensable for peace and security at the national and international levels, OPTION 5 OPTION 6 OPTION 7 Being aware that cultural diversity, flourishing within a framework of democracy, tolerance and social justice, contributes to stability at the national and international levels, Being aware that, at the state level, cultural diversity, flourishing within a framework of democracy, tolerance and social justice, is indispensable for peace, security and national stability, Being aware that cultural diversity, flourishing within a framework of democracy, tolerance and social justice among the nations of the world, is indispensable for peace, security and international stability, Being aware that cultural diversity, must flourish within a framework of democracy, tolerance and social justice, as it is indispensable for peace and security at the national and international levels, Being aware that cultural diversity, flourishing within a framework of democracy, tolerance, and social justice and mutual respect between peoples and cultures, is indispensable for peace and security at the national and international levels, Being aware that cultural diversity, flourishing within a framework of democracy, tolerance and social justice, is indispensable for social cohesion and the maintenance of peace and security at the national and international levels, Being aware that cultural diversity, flourishing within a framework of democracy, tolerance, social justice and respect between cultures, is indispensable for peace and security at the national and international levels,

12 PARAGRAPH 4 Celebrating the importance of cultural diversity for the full realization of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other universally recognized instruments, Emphasizing the importance of cultural diversity [ ], Celebrating the importance of cultural diversity in the full realization of human rights and fundamental freedoms, Celebrating [ ] and other internationally recognized human rights standards, PARAGRAPH 5 Recognizing that cultural diversity is nurtured by constant exchanges between cultures, and that it has always been a result of the free flow of ideas by word and image, OPTION 5 OPTION 6 OPTION 7 OPTION 8 OPTION 9 Recognizing that cultural diversity is nurtured by constant exchanges between cultures, and that the free flow of ideas by word and image plays a fundamental role therein, Recognizing that cultural diversity has always been a result of the free flow of ideas by word and image, that it is nurtured by constant exchanges between cultures, and nurtures the cultural heritage of the world, (add to the existing paragraph) Reaffirming that to sustain diversity measures must be taken to conserve cultural expressions, Recognizing that cultural diversity is nurtured by the constant interaction between cultures, and that it can be reinforced by the free flow of persons and ideas by word and image, Recognizing that cultural diversity can be nurtured by widening participation in the international exchange of cultural expressions and is nurtured by constant exchanges between cultures and facilitated by the free flow of ideas by word and image, Recognizing that cultural diversity is nurtured by constant exchanges between cultures, and that it is stimulated through the free flow of ideas by word and image, Recognizing that cultural diversity is nurtured by constant and balanced exchanges between cultures, and [ ], Recognizing that cultural diversity is nurtured by constant exchanges between cultures, and that it has long been a result of the free flow of ideas by word and image, and now by communication and information technologies, Recognizing [ ] by word and image, in respect for human dignity,

13 PARAGRAPH 6 Reaffirming that freedom of thought, expression and information, and its corollary, pluralism of the media, ensure that cultural expressions may flourish within societies, and that the greatest possible number of individuals may have access thereto, OPTION 5 Reaffirming that freedom of thought, expression and information, and its corollary, pluralism of means of communication, ensure [ ], Affirming that freedom of thought and freedom of expression, including the freedom to seek, receive and impart information and ideas in writing, print or in any other media, contribute to the flourishing of cultural expression within countries and to the access thereto by the greatest number of individuals, Reaffirming that freedom of thought, expression and information and the freedom to create and disseminate the creativity and their corollary, pluralism of the media and global information networks ensure that cultural expressions may flourish within societies, and that all individuals may have access thereto, Reaffirming that freedom of thought, expression and information, and its corollary, pluralism of the mass media, ensure [ ], Reaffirming that freedom of thought, expression and information and the practice of media pluralism ensure that cultural expressions may flourish within societies, and that the greatest possible number of individuals may have access thereto, PARAGRAPH 7 Recognizing that the diversity of cultural expressions, which illustrates the plurality of identities, is an enriching factor for peoples and individuals because it allows them to express and to share with others their ideas, values and imaginaries, OPTION 5 Recognizing that the diversity of cultural expressions is an enriching factor for individuals and cultural groups because it allows them to express and share with others their ideas, values and creativity, Recognizing that the diversity of cultural expressions, whose respect, protection and access are an essential right which illustrates the plurality of identities, is an enriching factor [ ], Recognizing that the diversity of cultural expressions and identities within communities enriches the cultural experience of peoples and individuals because it allows them to appreciate and share with others, their ideas, values and aspirations, Recognizing that the diversity of cultural expressions, including traditional cultural expressions and their ancestral knowledge, which illustrates the plurality [ ], Recognizing that the diversity of cultural expressions, which illustrates the plurality of languages and identities, is an enriching factor [ ],

14 PARAGRAPH 8 Recognizing the fundamental right of social groups and societies, in particular of members of minorities and indigenous peoples, to create, disseminate and distribute their cultural goods and services, including their traditional cultural expressions, to have access thereto, and to benefit therefrom for their own development, OPTION 5 OPTION 6 Recognizing the benefit to the ongoing vitality of cultures, including for persons belonging to minorities and indigenous groups, that derives from the creation, dissemination and distribution of cultural goods and services, Recognizing the fundamental right of societies, individuals and social groups in particular of members of marginalized minorities and indigenous peoples, to create [ ], 1. Diversity must not be a reason for division, or hostility, or preferring a culture over another. 2. Diversity is an enrichment of human culture in general through emphasizing the common supreme human values without ignoring or denying the cultural distinctiveness that characterizes peoples and groups. Recognizing the fundamental right of social groups and societies, in particular of members of minorities and indigenous peoples, not only to create, celebrate, disseminate and distribute their cultural goods and services, including their traditional cultural expressions, but also to have access thereto, and to benefit therefrom for their own development, Recognizing the fundamental right of social groups and societies, in particular of members of minorities and indigenous peoples, to create, disseminate, distribute, access and benefit from cultural goods and services and traditional cultural expressions related to their cultural heritage, [ ], stressing at the same time the task of preventing the transformation of cultural specificities into objects of worship, which runs counter to the very idea of the Universal Declaration of Human Rights, PARAGRAPH 9 Emphasizing the vital role of the creative act, which nurtures and renovates cultural expressions, and hence the vital role of artists and other creators, whose work needs to be endowed with appropriate intellectual property rights, Emphasizing the vital role of the creative act, which nurtures and renovates cultural expressions, and hence the vital role of artists and other creators, Underlining the vital role of the creative act, which nurtures cultural expressions, and hence [ ], Emphasizing creativity as the fountain of cultural expressions, and hence the important role of artists and other creators, Further emphasizing the vital role of the creative act, which nurtures and renovates traditional artistic expressions, and hence the vital role of creators and artists and other creators, whose work needs to be endowed with appropriate social rights and intellectual property rights,

15 PARAGRAPH 10 Being convinced that cultural goods and services are of both an economic and a cultural nature, and that because they convey identities, values and meanings, they must not be treated as ordinary merchandise or consumer goods, OPTION 5 OPTION 6 Being convinced that cultural goods and services are of both an economic and a cultural nature, and that they convey identities, values and meanings, Aware that cultural goods and services [ ], Being convinced that cultural goods and services even as economic entities convey identities, values and meanings, and therefore must [or should] not be treated as ordinary merchandise or consumer goods, Being convinced that cultural goods and services are not ordinary merchandise or consumer goods, but are of both an economic and cultural nature, conveying identities, values and meanings, Being convinced [ ] they must not be treated only as ordinary merchandise or consumer goods, Recognizing that cultural goods and services have both an economic and a cultural value, PARAGRAPH 11 Noting that while the processes of globalization, which have been facilitated by the rapid development of information and communication technologies, afford unprecedented conditions for enhanced interaction between cultures, these same processes also constitute a threat to diversity and carry with them a risk of impoverishing cultural expressions, OPTION 5 Noting [ ], these same processes also constitute a threat to identity and diversity and carry with them a risk of impoverishing cultural expressions, especially in developing countries and small States, Noting [ ], these same processes present new challenges for public policies aimed at preserving and promoting the diversity of cultural expressions, Noting [ ], these same processes also constitute a threat to diversity and carry with them a risk of impoverishing cultural expressions and leading to the disappearance of expressions of minorities and indigenous peoples, in particular in developing countries, Noting [ ], also constitute a threat to diversity and carry with them a risk of impoverishing cultural expressions and should be accompanied by measures to preserve cultural diversity, Noting [ ], afford unprecedented conditions for enhanced interaction between cultures, these same processes may also constitute a threat to diversity and carry with them a risk of impoverishing cultural contents and expressions and damage the diverse identities, values and meanings of humanity,

16 PARAGRAPH 12 Being aware of the specific mandate that UNESCO has to ensure respect for the fertile diversity of culture and to recommend such international agreements as may be necessary to promote the free flow of ideas by word and image, OPTION Being aware of the specific mandate that UNESCO has, in line with Article I of the Constitution of the Organization, to ensure respect [ ] PARAGRAPH 13 Referring to the provisions of the international instruments promulgated by UNESCO relating to cultural diversity and the exercise of cultural rights, and in particular the Universal Declaration on Cultural Diversity, Referring to the provisions of the international instruments promulgated by UNESCO relating to cultural diversity, the exercise of cultural rights, and the protection of the cultural heritage, and in particular the Universal Declaration on Cultural Diversity, Convention for the Protection of the World Cultural and Natural Heritage, Convention for the Safeguarding of the Intangible Cultural Heritage and agreements of the World Trade Organization on cultural goods and services, such as the General Agreement on Trade in Services, General Agreement on Tariffs and Trade, Agreement on Trade-Related Aspects of Intellectual Property Rights and the Agreement on Subsidies and Countervailing Measures, Referring to the provisions of the international instruments promulgated by UNESCO relating to cultural diversity and the exercise of cultural rights, and the importance of the Universal Declaration on Cultural Diversity which proclaims cultural diversity to be the process ensuring the survival of humanity, Referring to [or Recalling] the provisions of the Universal Declaration on Cultural Diversity, Adopts this Convention on this xxx day of xxx.

17 PROPOSALS NEW PARAGRAPHS (see Part III, pp ) OPTION 5 OPTION 6 All persons have the right to express themselves in the language of their choice, All persons have the right to education in their own culture, The States Parties affirm, in line with the Charter of the United Nations, the principles of international law and universally acknowledged instruments on human rights, their sovereign right to adopt measures to protect and promote the diversity of cultural expressions in their territory, Acknowledging that the right to respect and protect the diversity of cultural expressions is an essential principle for all societies; Being aware of the need to acknowledge the legitimacy of cultural diversity and the damage done to it due to the inequality of exchanges which is a feature of international society, Affirming that cultural diversity is a defining characteristic of humanity, Recognizing that language is the essence of culture and culture is the coherence of society (to be reworded), OPTION 7 OPTION 8 OPTION Emphasizing that cultural exchanges play an important role in strengthening social cohesion, Recognizing that culture is a source of well-being and social cohesion, and a space of meeting and coexistence which specifically requires respect for the identity of communities, Recognizing that the right to creativity, both individual and collective, is part and parcel of the fundamental freedoms of the individual and the right to freedom of thought enshrined in international law, Noting that it should not be understood from this Convention that it facilitates external interference in the cultural particularities of states and their cultural policies, Recalling that market mechanisms do not automatically ensure diversity of supply, which is why many States have recourse to the concept of public service to correct certain deficiencies caused by regulation based exclusively on the market, Market forces alone cannot ensure the preservation and promotion of cultural diversity, guarantee of sustainable human development. In this perspective, the key role of public policies, in partnership with the private sector and civil society must be reaffirmed, Proclaiming the cross-cutting nature of culture, present throughout society as a spiritual mainspring of all peoples, Recalling the conventions on the cultural heritage of 1972 and on the intangible heritage of 2003 (to be reworded), Underscoring the importance of education, the mass media and new technologies in this field (to be reworded),

18 PROPOSALS NEW PREAMBLES (see Part III, pp 12-15) PROPOSAL 1 The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter called UNESCO, meeting in Paris from xxx to xxx at its xxx session, 1. Reaffirming that culture in its broadest sense designates the whole range of distinctive spiritual, material, intellectual and affective traits characterizing a society or social group and that it encompasses, in addition to the arts and letters, lifestyles, value systems, traditions and beliefs, 2. Recognizing the cross-cutting nature of culture and its role as an instrument of social cohesion, 3. Recognizing that culture is a fundamental dimension of the development of societies, social groups and individuals, 4. Recalling that each culture represents a unique and irreplaceable set of values, inasmuch as the traditions of a society or social group and its forms of expression are its means of affirming its presence in the world, 5. Recalling that each culture, in its singularity, contributes with ideas, values, and meanings to the enrichment of humanity s common heritage and that its dignity must accordingly be recognized and respected, 6. Conscious that the protection and preservation of the diversity of cultures is a duty and responsibility owed by humanity to present and future generations, 7. Conscious that freedom of thought, expression and information, dialogue, democracy and tolerance are essential to the flourishing of cultures and to their diversity, 8. Conscience that peace, security and social justice, nationally and internationally, cannot be fully attained without the protection and promotion of cultural diversity, 9. Conscious that the protection and promotion of cultural diversity are necessary for the full realization of the human rights and fundamental freedoms proclaimed by the Universal Declaration of Human Rights and other universally recognized instruments, 10. Recognizing that culture, present in all aspects of social life, is pre-eminently manifest in creative activity, which results in the production of contents and expressions specific to it, 11. Recognizing that the creative activity linked to cultural contents and expressions has formed an autonomous field of human activity throughout human history, 12. Recognizing that the field constituted by the creative activity linked to cultural contents and expressions has taken the form of an economic system for the creation, production, circulation, distribution and consumption of cultural goods and services, namely the cultural economy, 13. Convinced of the specificity of the cultural economy, as of the special nature of the cultural goods and services to which it gives rise, since they shape and embody values and meanings that reflect the singularity of each culture, irrespective of the level of development of the economic system in which they are embedded, 14. Affirming the right of individuals and social groups to participate freely in the cultural life of the community and to enjoy fully the benefits of the diversity of cultural contents and expressions, 15. Emphasizing the vital role of the creative act, which nurtures and renovates cultural expressions, and hence the vital role of artists and other creators, 16. Expressing its concern at the damage caused to the diversity of cultural contents and expressions by the unwarranted appropriation of traditional and popular cultural contents

19 PROPOSAL 2 and expressions, 17. Recognizing the fundamental right of social groups and societies to preserve and protect their traditional and popular cultural contents and expressions from unwarranted appropriation and illegal industrial and commercial exploitation, including through the granting of invalid intellectual property rights, 18. Emphasizing the need to implement intellectual property regimes so as to encourage the protection and promotion of the diversity of cultural contents and expressions, 19. Noting that the recent acceleration of the economic and technological transformations through which humanity has been living over the last few centuries, particularly those relating to information and communication, create new conditions for the flowering of creativity and the strengthening of dialogue between cultures, 20. Further noting that the accentuation of the asymmetries deriving from those same transformations constitutes a serious threat to the diversity of cultural contents and expressions, as a result of the unequal levels of access and development of the different cultural economies, and that this jeopardizes the survival of the less developed economies and, hence, the very existence of the corresponding cultural contents and expressions, 21. Recognizing that cultural policies have a key function in strategies for the protection and promotion of the diversity of cultural contents and expressions, 22. Recognizing that the development of cultural economies can play a key role in the protection and promotion of the diversity of cultural contents and expressions, and also in the reduction of economic and social inequalities, since they enable symbolic wealth to be converted into material wealth, 23. Affirming the need to strengthen international mechanisms for cooperation and dialogue so as to measure up to the duty of protecting and promoting the diversity of cultural contents and expressions, having regard to the different levels of development of cultural economies, 24. Identifying as priorities to be observed in coordinated action by the international community: the definition of a consensual framework making possible, at the national level, the framing of cultural policies capable of ensuring the protection and promotion of the diversity of cultural contents and expressions, seen as a fundamental right of individuals and social groups; the establishment of an integrated and balanced system of cultural economies conducive to the flourishing of productive activities relating to culture in the developing and less developed countries and its proper integration in the international cultural goods and service market; and reinforcement of the link between culture and development, through the incorporation of the cultural dimension in development policies, 26. Being aware of the specific mandate that UNESCO has to ensure respect for the fruitful diversity (...) of cultures and to recommend such international agreements as may be necessary to promote the free flow of ideas by word and image, 27. Referring to the provisions of the international instruments promulgated by UNESCO relating to cultural diversity and the exercise of cultural rights, and in particular the Universal Declaration on Cultural Diversity, Adopts, this Convention on this xxx day of xxx. The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as UNESCO, meeting in Paris from xxx to xxx at its xxx session, 1. Recognizing that culture is embodied in and expressed through human activity and manifests the diverse beliefs, values, and creativity of individuals throughout the world, 2. Affirming that cultural diversity is a defining characteristic of humanity, 3. Being aware that cultural diversity, flourishing within a framework of democracy, tolerance and social justice, is indispensable for peace and security at the local, national and international levels,

20 Confirming that cultural diversity is a source of great richness for our societies and that respect for and value of our diversity contributes to social and economic dynamism are positive factors in the promotion of good governance, social cohesion, human development, human rights and peaceful coexistence, 5. Celebrating the importance of cultural diversity for the full realization of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other existing international obligations, 6. Recognizing that cultural diversity is nurtured by open exchanges among cultures, and that it has always been nurtured by the free flow of ideas through word, image, object, music and movement, 7. Reaffirming that freedom of thought, expression and information, and its corollary, pluralism of the media, ensure that cultural diversity may flourish within societies, and that the greatest possible number of individuals may have access thereto, 8. Recognizing that diversity of cultural expressions illustrates the plurality of identities and is an enriching factor for peoples and individuals because it allows them to express and to share with others their ideas and values, 9. Recognizing the freedom individuals and societies, in particular of members of minority groups and indigenous peoples, to create, teach, promote and share cultural goods and services, including, cultural expressions, 10. Emphasizing the vital role of the creative act, which nurtures and invigorates cultural life, and hence the vital role of artists and other creators, whose work may be protected by intellectual property rights, 11. Mindful that the role of the state in this endeavour is primarily to create a nurturing environment, under which cultural diversity and expression can flourish, 12. Acknowledging that civil society and the private sector are essential participants in the promotion of cultural diversity along with national governments and international organizations, 13. Recognizing the role of libraries, archives, museums, educational institutions, and other arts and cultural organizations in helping to promote cultural diversity and increasing access to global cultural heritage, thereby fostering and enhancing global understanding, 14. Recognizing that cultural activity conveys identities, values, and meanings in a wide variety of settings, 15. Acknowledging the vital role of language as a vehicle of identity and in the retention of cultural expression, and that linguistic diversity among people is part of world heritage, 16. Noting that the processes of globalization, which have been facilitated by the rapid development of information and communication technologies, afford unprecedented opportunities for enhanced interaction among cultures, 17. Being aware of the specific mandate that UNESCO has to ensure respect for the fertile diversity of culture and to recommend such international agreements as may be necessary to promote the free flow of ideas by word and image, 18. Noting the provisions of the international instruments promulgated by UNESCO relating to cultural diversity and in particular the Universal Declaration on Cultural Diversity, Adopts this Convention on this xxx day of xxx.

21 I. OBJECTIVES AND GUIDING PRINCIPLES PROPOSAL CONCERNING BOTH THE OBJECTIVES AND THE PRINCIPLES (see Part III, p 16) PROPOSAL To protect and evolve the relationships between a culture and its natural environment. To prevail the benefits of development among all nations by orienting the development tools, not only to scientific and technological progress, but also to a cultural one. Article 1 - Objectives The objectives of this Convention are: OPTION The objective of this Convention is to create a framework that encourages cooperation and dialogue among States Parties to promote cultural diversity, in order to: Remarks of the Drafting Committee There was strong support among Committee members for keeping the original text. (a) to protect and promote the diversity of cultural expressions; OPTION 5 OPTION 6 OPTION 7 to protect and promote the diversity of cultural contents and artistic expressions; to protect and promote the diversity of cultural expressions and to avoid the harmful effects linked to globalization, the liberalization of trade, and technology; to protect and promote cultural diversity; to protect, preserve, develop and promote the diversity of cultural expressions with particular sensitivity to traditional culture; to protect and promote the diversity of cultural contents and expressions and foster intercultural respect; to safeguard and promote cultural diversity; Delete this paragraph