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Scope of application of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Article 3 of the Convention stipulates that ‘This Convention shall apply to the policies and measures adopted by the Parties related to the protection and promotion of the diversity of cultural expressions.” The Convention ensures artists, cultural professionals, practitioners and citizens worldwide can create, produce, disseminate and enjoy a broad range of cultural goods, services and activities, including their own. Examples of policies and measures adopted by Parties can be found at: http://www.unesco.org/culture/cultural-diversity/2005convention/en/periodicreport/goodpractices/.
Scope of application of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage
‘Intangible heritage’ refers to traditions or living expressions inherited from our ancestors and passed on to our descendants. Article 2 of the Convention lists the following domains of the intangible cultural heritage: oral traditions and expressions, performing arts, social practices, rituals and festive events, knowledge and practices concerning nature and the universe and traditional craftsmanship (see http://www.unesco.org/culture/ich/).
Inasmuch as possible, a broad multi-stakeholder consultation process held at the municipal/regional and national/federal levels, involving both governmental entities (inter-ministerial consultation) and non-governmental actors (civil society organizations) is foreseen.
For examples of consultations organized in preparation of the Parties’ quadrennial periodic reports, see section 1.g of the reports submitted in 2012, available through this website: http://www.unesco.org/culture/cultural-diversity/2005convention/en/periodicreport/list/2012/.
A synthetic summary of the national consultations held by Parties in 2012 can be found on pp. 4-5 of the Secretariat’s analytical summary.
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The executive summary should highlight the salient points of the report focusing specifically on the main achievements and challenges in implementing the Convention and the outlook for the future. It is not an introduction to the report or an annotated table of contents. This executive summary will be translated into English or French and submitted to the Intergovernmental Committee.
Policies and measures relating to culture, whether at the local, national, regional or international level that have a direct effect on the creation, production, dissemination, distribution of and access to cultural expressions materialized as cultural activities, goods and services. (Article 4.6 of the Convention). Measures are to be understood as those that nurture creativity, form part of an enabling environment for independent producers and distributors working in the cultural industries, as well as those that provide access to the public at large to diverse cultural expressions.
For different types of policies and measures adopted by Parties, see pp. 9-12 of the Secretariat’s analytical summary.
- ‘Policy goals’ refers to the goals pursued by Parties in developing policies and implementing measures to support different stages of the cultural value chain (creation, production, distribution and participation/enjoyment). The interventions supporting these goals include the following types: regulatory, legislative, institutional and financial.
- ‘Target groups’ refers to the various groups highlighted in the Convention that are to benefit from the cultural policies and measures: artists and creators, producers/entrepreneurs, cultural enterprises, young people, women, persons belonging to minorities, indigenous peoples, as well as the general population.
Article 16 of the Convention stipulates that ‘Developed countries shall facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals and practitioners, as well as cultural goods and services from developing countries.’ Preferential treatment as defined by Article 16 is wider than the narrow trade meaning. It is to be understood as having both a cultural and a trade component. Parties, in particular from developed countries, shall endeavor to report on measures they have taken to foster preferential treatment for developing countries.
Developing countries endeavour to identify their specific priorities, needs and interests with regard to the protection and promotion of the diversity of cultural expressions.
Developing countries shall report on their operational action plan to optimize international cooperation.
Operational Guidelines on Article 13 define sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (ref. Report of the World Commission on Environment and Development, 1987). Human development is understood as a process of enlarging people’s choices (ref. UNDP Human Development Reports).
Parties have been encouraged to integrate culture into national development policies and plans. Such policies and plans may be designed at the local/city level or as international development aid programmes.
Special situations are those where cultural expressions on the territory of a Party are at risk of extinction, under serious threat, or otherwise in need of urgent safeguarding (Article 8.1 of the Convention).
For the purposes of this Convention, civil society means non-governmental organizations, non-profit organizations, professionals in the culture sector and associated sectors, groups that support the work of artists and cultural communities( see §3 of the Operational Guidelines on the Participation of civil society).Principio de la página