Introduction to Cultural Rights and Cultural Legislation

Prof. Dr. Delia Mucica

November 2008
REGIONAL MASTER STUDIES IN CULTURAL POLICY AND MANAGEMENT (INTERCULTURALISM AND MEDIATION IN THE BALKANS) UNIVERSITY OF ARTS BELGRADE

But what is culture?

High culture Low culture ??? Or " culture may now be said to be the whole complex of

distinctive spiritual, material, intellectual and emotional features that characterise a society or social group. It includes not only arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions and beliefs." (Report of World Conference
on Cultural Policies organised by UNESCO in 1982 at Mexico City).

culture 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 (Preamble to
the UNESCO Universal Declaration on Cultural Diversity, 2001).

And cultural expressions?

cultural expressions are the result of the creativity of individuals, groups and societies and they convey cultural content with symbolic meaning, as well as artistic and cultural values that originate from or express cultural identities. Cultural expressions whatever the media and technologies used are transmitted by cultural activities, goods and services which have a twofold (economic and cultural) nature.

And cultural policies?

Most cultural policies are focused upon the arts and heritage. The perspective can be broadened, first by moving away from monolithic notions of 'nation culture,' accepting diversity in individual choices and group practices. Support to the arts and artists is essential; but equally so is an environment that encourages selfexpression and exploration on the part of individuals and communities
Our Creative Diversity, Report of the independent World Commission on Culture and Development, UNESCO Publishing, 1999

Cultural policies
Public policies Vertical the culture sector Horizontal (transversal, cross-sector) culture-related issues in other sector policies

4 key themes have been identified in the Report of the European Task Force In from the Margins: promotion of cultural identity; endorsement of Europe's multicultural diversity; stimulation of creativity of all kinds; encouragement of participation for all in cultural life.

5 objectives of cultural policies

to make cultural policy a key component for development strategy; to promote creativity and participation in cultural life; to reinforce measures to preserve cultural heritage and promote cultural industries; to promote cultural and linguistic diversity in the information society; to make more human and financial resources available for cultural development. integrative or cross-sectoral
Stated in the Action Plan adopted at the 1998 Intergovernmental Conference on Cultural Policies for Development

What could be the priorities of various cultural policies?

According to the Ruffolo Report, there is a convergence towards:

a devolution of powers over culture-related issues from central government to the lower levels; greater support for cultural demand; strong emphasis on training and artistic education; considerable support for contemporary art; the introduction of new forms of public/private partnership.

Instrumentalization of Culture
Culture key element for sustainable development Culture instrument for human development Culture key indicator of quality of life Culture key instrument for social cohesion Culture - key element of knowledge-based society (and economy) HOW TRUE IS IT?

Four major stages in the transformation of the meaning and functions of culture.

the broadening of the concept of culture as art production to include the notion of cultural identity awareness of the vital link between culture and development as the foundation of international cooperation and solidarity acknowledgement of the role of culture in the democratisation processes enhancement of dialogue among cultures and civilizations in their diversity -common heritage of humanity

What are the factors shaping the cultural policy of a country?

Exogenous

Globalisation (free trade, blurring of frontiers, delocalisation of production, convergence, technical innovation) International commitments Post-industrial society the information society (knowledgebased society) The craving for content of creative industries Democracy and Rule of Law New forms of governance Cultural traditions and beliefs Cultural expectations and needs Cultural identity

Endogenous

Globalization and culture. Different theories:

Cultural globalisation viewed as heterogenisation (the globalisation process is unavoidable; more variety and diversity of cultural products; "the magic of the market", "the consumer is the king"). Cultural globalisation viewed as homogenisation (cultures are becoming the same everywhere; the local is under threat by the global; the westernisation / Americanisation of culture: "cultural imperialism"). Cultural globalisation as hybridisation (mixing of Asian, African, American and European cultures: hybridisation is the making of global culture as a global mlange"). All are, at the same time, true and false Depending on the national cultural policy of each given country and on the success of their implementation

Globalization. Two sides of the coin

Opportunities

Developing cultural diversity Access to different cultures Enrichment of national cultures

A boost to creativity

Threats

Losing cultural identity Cultural pauperisation and MacDonaldisation

A brake on creativity

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression (2005) Purpose - to strengthen the five inseparable links of the same chain: creation, production, distribution/dissemination, access and enjoyment of cultural expressions conveyed by cultural activities, goods and services, by:

creating conditions for cultures to flourish and to interact freely in a mutually beneficial manner; recognising to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning; identifying new arrangements for international cooperation, which is the keystone of the Convention; 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 on their territory, while ensuring the free flow of ideas and works.

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression (2005)
Aims: to recognize the dual economic and cultural nature of cultural activities, goods and services, which convey and transmit cultural expressions and, in so doing, constitute vehicles of identity, values and meaning, irrespective of their commercial value. to avoid jeopardizing the cultural expressions of various social groups, including those of persons belonging to minorities and indigenous peoples. to manage the risks of unbalanced flows of cultural expressions between developed countries and developing countries.

A Balancing Process

Past and Present Protection of heritages Promotion of creativity and innovation Opening to the world while protecting specificity Protection of cultural identity Promotion of cultural diversity Rigors of public money spending and promotion of excellence and innovation Accountability and transparency Independent decision making fostering creative freedom

Thus, policy makers should

Assess the national cultural environment Identify its Strengths Identify its Weaknesses Identify its Opportunities Identify its Threats and

Design national cultural policies accordingly

Moreover, transition countries need also to

Change

regulatory framework Change structures and institutional framework Change relationships Change mentalities

Transition from.

state institutions to public institutions passivity and obedience to pro-active participation pyramidal hierarchical structures to diversified multi-centred structures administrative hierarchical control to accountability censorship (be it implicit or explicit) to freedom of expression state functionaries to civil servants providers of cultural services to the status of creator state funding to public-private partnerships etc.

Cultural diversity a dual challenge

harmonious interaction among people and groups with plural, varied and dynamic cultural identities as well as a willingness to live together defending creative diversity, i.e., the wide variety of forms through which cultures reveal their heritage-related and contemporary expressions in time and space. OR Protecting cultural identity while Promoting cultural diversity

As a continuing, flexible and changing process, culture remodels tangible and intangible cultural heritage while inventing new forms of expression, thus revealing its infinite diversity. In a changing international environment, it is necessary to respond to the particular challenges that each era has posed to the constantly evolving concept of culture. Cultural diversity, through its ability to promote dialogue and creativity, is an essential condition for peace, democracy and sustainable development.