Coalition Currents

First Intergovernmental Committee Meeting in Ottawa:
UNESCO Convention Implementation Process Launched: Stage Set for In-Depth Work on Cultural Diversity Fund, International Cooperation, Role of Civil Society

The First Intergovernmental Committee meeting of the UNESCO Convention on the Diversity of Cultural Expressions concluded on December 13 in Ottawa. In the course of three-and-a-half days of intense discussions, Committee members set out a clear road map for taking on three of the major themes associated with implementing the Convention: establishing the International Fund for Cultural Diversity, developing an action plan on international cooperation, and identifying and establishing avenues for involving civil society in the implementation process.

These areas will be the principal agenda items for the next three meetings of the Committee, leading up to the Second Conference of Parties to the Convention, expected to take place in June of 2009.

Following the opening ceremonies, the Committee’s first order of business was the election of its Bureau for this first session. Members elected Gilbert Laurin, Canada’s Ambassador to UNESCO, as Chair, and elected Antonio Otavio Sa Ricarte of Brazil to be Rapporteur. India, Lithuania, South Africa and Tunisia were chosen to be Vice-Chairs. The Committee also agreed that this Bureau will remain in place for the second meeting, now set for late June in Paris, meaning that Ambassador Laurin will chair this meeting as well.

The meeting was attended by approximately 200 participants, including delegations from 23 of the 24 Member States on the Intergovernmental Committee, observers from 17 additional countries that have ratified the Convention, observers from 17 states that have not, four intergovernmental organizations, and six non-governmental organizations.

The International Federation of Coalitions for Cultural Diversity (IFCCD) was among the NGOs present. Its delegation consisted of its President, Rasmane Ouedraogo of Burkina Faso, European Vice-President Beat Santschi of Switzerland, General Secretary Jim McKee of Canada, and Geraldine Loulergue of the IFCCD’s Delegation to UNESCO in Paris.

What follows is a recap of the principal issues dealt with during this first meeting:

In addition to the issues of international cooperation, the Fund, and the role of civil society, Committee members clearly signaled their recognition that another important dimension of making the Convention operational will entail promoting its principles and objectives in other international forums.

This issue surfaced during the Committee’s initial discussion of the structure and content of the operational guidelines that will be prepared for the Convention. The Committee agreed that Article 21 of the Convention, by which States Parties undertake to consult with each other in order to promote the objectives and principles of this Convention in other international forums, must take on an operational dimension. Several States emphasized that this must also be the case for Article 20, section b) of which calls on States Parties to “take into account the relevant provisions of this convention” “when interpreting and applying the other treaties to which they are parties or when entering into other international obligations.”

The IFCCD considers essential that Article 21 be made operational, as promoting the Convention’s objectives and principles in other international forums will be key to realizing its full legal and political potential, in particular its dimension as a counterweight in international law to the pressure on countries to renounce or sharply limit their right to apply cultural policies by making liberalization commitments on culture in trade negotiations. While Article 21 can be viewed as the vehicle through which the provisions of Article 20. b) can be made operational, the Federation prefers to see both articles situated directly within the Convention’s operational framework, given that Article 20 is the reference point for any discussion of how the UNESCO Convention relates to other international agreements, and its provisions should be taken into account in any situations where interpretation is called for when the Convention’s scope overlaps with that of another agreement, such as a trade agreement, to which a given State is also a signatory.

The operational guidelines—in particular the operational implications of Articles 7, 8 and 17—will be discussed in greater depth at the June session of the Committee.

The Fund for Cultural Diversity: Funding Challenges and a Need to Set Priorities

The Fund was the subject of the longest debate in the course of this first meeting, an indication of the importance attached to the Fund as an instrument for realizing the international cooperation objectives that are a major element of the Convention.

The discussion regarding the Fund was preceded by good news in the form of an announcement by the Minister of Canadian Heritage, Josée Verner, that Canada will contribute CDN$500,000 for 2008 to the Fund. Her colleague, Quebec Minister of Culture, Communications and Status of Women Christine St-Pierre, also announced that Quebec would be contributing CDN$100,000.

Spain announced it will contribute 150,000 euros to the Fund, and Brazil’s Minister of Culture Gilberto Gil also declared his government’s intention to contribute as well (an indication of the importance that Brazil attaches to the Convention was the fact that Minister Gil attended all four days of the meeting).

Two clear themes emerged from the Committee’s initial discussion: 1) the challenge of ensuring the Fund is sufficiently resourced to fulfill its purpose; and 2) the need to establish priorities so that the Fund’s resources are concentrated in areas where they can have their greatest impact.

On the question of funding, it is clear that if the benchmark of 1% of dues becomes the norm, the result will be a very modest fund indeed—based on countries likely to ratify, one calculation projects the fund could consist of as little as US$1.5 million. Canada’s contribution was encouraging because it is equivalent to 5% of its UNESCO dues.

Committee members also agreed on the importance of pursuing other sources for financing the fund, such as contributions from the private sector.

No matter the ultimate amount the Fund will consist of, States recognized that choices will inevitably have to be made, and that these should be guided by clear priorities. On this count, there was broad support for prioritizing projects that focus on assisting countries in applying cultural policies, and on projects focused on developing the capacity of the cultural sector of developing countries. Several countries—in line with the position expressed by civil society—emphasized the importance of projects designed to strengthen the cultural industries of developing countries.

With respect to beneficiaries, it was agreed that States could prepare projects for submission in the initial phase and that at a later date projects from civil society would also be eligible.

On the issue of resourcing the Fund, the IFCCD urged all countries to contribute on a recurring basis and at a level above the 1% of dues threshold; it also recommends establishing a working group to identify additional avenues for financing the Fund. With respect to priorities, the Federation considers it important that the Fund be complementary with other existing funds, and that it should focus on structural projects, both regional and national in scope, that are sustainable and can serve as models for future projects. Priority areas of focus should be in assisting developing countries in applying cultural policies, projects to support the emergence of cultural industries in developing countries and initiatives to develop the capacity of the cultural sector of these countries.

In summarizing the main areas of consensus emerging from the discussions on the Fund, Françoise Rivière, UNESCO’s Assistant Director General for Culture, referenced a number of points contained in the presentation made by the non-governmental organizations—the need to avoid duplicating the scope of existing funds; to ensure the Fund is clearly focused so that its limited resources are not spread to thinly; to set priorities, notably projects focused on cultural policies, capacity building and cultural industries of the developing world.

Rivière noted that the guidelines being developed should be viewed as for the initial launch phase of the Fund and should therefore be flexible. This phase should be viewed as testing, or experimental phase, and it would be premature to be too precise on this count.

Rivière summarized a number of other preferences in approach emerging from this initial discussion:

Establish straightforward guidelines for submitting projects, a schedule for their evaluation, and clear mechanisms for assessing them. UNESCO`s regional offices could serve as conduits for funnelling in project applications

Establish a pre-selection process, whether by a subsidiary body of the Committee or by a committee of experts selected by the Committee; experts could serve on a rotating basis, and the Committee should be representative from both a regional and cultural sector perspective. Committee members indicated a preference for establishing an experts group;

Ensure post-project evaluation—establish a sub-committee to do monitoring and follow-up regarding the execution of projects and their results.

Finally, Rivière noted that Committee was of the view that it should not transform itself into a project approval vehicle. Other existing models should be consulted—those in place at WIPO, and also at national levels.

Going forward, the Committee decided to continue the preparation of the operational guidelines on the use of the resources of the Fund in conjunction with those on international cooperation for development. These will be on the agenda for the Committee’s 3rd meeting in December 2008. Between now and then, written submissions with respect to these can be submitted to the Secretariat up to the end of February. Based on these proposals and the debates of the Ottawa meeting, the Secretariat is to prepare an interim report for the Committee’s 2nd meeting in June.

Much has been made of the fact that the UNESCO Convention on the Diversity of Cultural Expressions is unique in having a specific article (11) that commits States to engage civil society in the process for implementing the Convention. The question remains what practical measures this will translate into.

The first day of the Ottawa Intergovernmental Committee meeting, which focused on the internal rules of procedure for the meeting, concluded with the question of what opportunity would be accorded to civil society to speak very much up in the air.

This question was resolved on the second day, at the conclusion of the debate on the internal rules of procedure. The Committee agreed that non-governmental organizations would be invited to speak to each of the major agenda items after the Committee members and State-level observers had spoken. In instances where the non-governmental organizations could agree on a common position, the Committee also mandated to Chair to NGO spokesperson more time than the standard three-minute limit.

This represented a significant improvement over the First Conference of Parties, were civil society was relegated to one intervention at the conclusion of the conference, when all the decisions had been taken and where the obligation to make a single joint intervention was imposed by the Chair.

The six non-governmental organizations present in Ottawa agreed on joint statements with respect to each of the four items—structure and content of the operational guidelines, international cooperation, the International Fund for Cultural Diversity, and the role of civil society in implementation. The latter two statements were delivered on behalf of the NGOs by Rasmane Ouedraogo, President of the International Federation of Coalitions for Cultural Diversity.

At the same time, the broader question of defining other channels for engaging civil society in the implementation of the Convention was explicitly on the agenda for this meeting. After an initial debate on this question—which included a joint intervention on behalf of the six non-governmental organizations present—the Committee decided that draft operational guidelines should be prepared for review at their next session in late June.

To this end, the Committee asked the Secretariat to prepare draft guidelines that include:

an inclusive definition of civil society in the context of the Convention;

criteria for the accreditation of representatives of civil society having interests and activities in the fields covered by the Convention;

modalities by which the representatives of civil society can contribute to the Committee’s work and the implementation of the Convention.

In the context of this work, the Committee also asked the Secretariat to organize “with the full participation of all Parties to the Convention, before the next session of the Committee, a session of exchange of views with representatives of civil society having interest and activities in the fields covered by the Convention and having official relations with UNESCO and/or having been invited to the Conference of Parties, on the role and participation of civil society.” This session is expected to take place in June, on the eve of the second meeting of the Committee, and will focus on identifying concrete, specific channels whereby civil society can engage in the implementation of the convention.

The Committee also asked the Secretariat to fully involve UNESCO field offices and National Commissions so as to facilitate the future participation of civil society from different regions in the world in the work of the Committee.

As an initial entry point for civil society, the Committee, in its provisional rules of procedure, approved article 7.4, which states that «… nongovernmental organizations having interests and activities in the field covered by the Convention, could be authorized by the Committee, according to modalities to be determined by the latter, to participate in its work as observers, without the right to vote, and subject to the provisions of Rule 20.3, at several of its sessions, at a single session or at a specific meeting of a session upon written request to the Director-General.”

On a transitional basis, pending the articulation of the modalities provided for in 7.4, the Committee authorized the Chair to ask the Director General to invite the organizations referred to in 7.4 to be accorded observer status for the June and December sessions—provided they make a written request to this effect.

On the question of civil society’s role, the IFCCD strongly believes in keeping the definition of civil society focused on NGOs with interests and activities pertinent to the Convention. Given the uniqueness of Article 11, the IFCCD considers it important that innovative ways be developed of involving civil society organizations in implementation—not just within UNESCO’s processes, but also in implementation at the regional and national levels, which will be crucial in ensuring that the principles and objectives of the convention are translated into practical action in terms of specific policies and other practical measures in support of diversity across the full spectrum of cultural expressions.

The Committee held an initial discussion on international cooperation, and based on this developed the following work schedule:

The Secretariat has been asked to prepare draft operational guidelines on the concept of and modalities for partnerships between the public, private and non-profit sectors, as per Article 15 of the Convention, informed by the Committee’s discussion of this issue.

States Parties to the Convention are invited to make proposals by the end of June on the modalities for implementing Article 13 regarding the integration of culture in sustainable development policies for review by the Committee at its December session.

In consultation with the Chair, the Secretariat will select “representative of the different perspectives relating to preferential treatment” (Article 16) and drawn from countries at different stages of economic development. Each expert will be mandated to prepare a factual paper on the issue, setting out definitions, regulations and existing practices. These papers are to be submitted in time for the Committee to examine them in December 2008.

Finally, aspects of international cooperation dealt with in Articles 12, 13, 14, 15 and 16 of the Convention will all be on the agenda for the December meeting.

Exact dates remain to be established, but the Second Meeting of the Intergovernmental Committee will now take place in late June rather than May, as originally planned. It will be followed by a third meeting in December. The fourth session will take place in the first quarter of 2009. The Committee’s recommendations for making the Convention operational will then be presented to the Second Conference of Parties to the Convention in June of 2009. Approval by the Conference will be required before any aspect of the Convention, including the Fund, can be rendered operational.

The scope of work associated with bringing the Convention to life through concrete operational measures is clearly a large one—a reality that did not escape the members of the Intergovernmental Committee. While recognizing the high quality of material generated by the Secretariat to date, the Committee agreed that maintaining momentum into the major work ahead will require a bigger team than the modest four-person Secretariat currently in place.

For this reason, the Committee adopted a resolution that emphasizes “importance, complexity, urgency and volume of the tasks given to the Secretariat with a view to the next sessions of the Committee and the Second Conference of Parties, “ and therefore asks the Director General to “in an urgent manner, take the necessary steps to reinforce the personnel of the Secretariat of the Convention.” To this end, the Committee’s resolution also urges the Director General “to seek the necessary extrabudgetary funds for the current biennium and to increase the budget for the Convention in the next UNESCO Draft Programme and Budget (35 C/5).
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Coalitions and Cultural Professional Organisations of the Americas meet in Bogotá, Colombia

Delegates from 14 countries gathered in Bogotá, Colombia, November 19 to 24 for the First Meeting of Coalitions and Professional Cultural Organizations of the Americas to discuss the state of play of the ratification campaign for the UNESCO Convention on the Diversity of Cultural Expressions and the challenges associated with its implementation.

Representatives of nine national coalitions from South and North America and leaders of Professional Cultural Organizations from five Central American and Caribbean countries attended the meeting, which was held in parallel to the International Forum on Iberoamerican Cultural Rights and Policies. The meeting was also part of a series of activities organized throughout the year in Bogota to celebrate the fact that the city was named Iberoamerican Cultural Capital and UNESCO’s World Book Capital for the year 2007.

During the meeting, participants were updated on the latest developments in the ratification and implementation campaign of the UNESCO Convention in region of the Americas. They also explored the best strategies and actions to pursue with the goal of effectively implementing the UNESCO Convention. To this end, participants adopted a document of proposals focused around three main axes: first, an institutional axis for actions at the UNESCO level; a regional axis identifying cooperation actions among coalitions and professional cultural organizations in the America; and finally, a national axis, with a series of actions to undertake in each of their countries in order to give life to the Convention.

Participants then presented the document to more than 150 persons attending the closing session of the International Forum on Iberoamerican Cultural Rights and Policies.

The participants also met with Colombia’s Minister of Culture, Paula Marcela Moreno Zapata. During their exchange with the Minister, they emphasized the importance of Colombia ratifying the UNESCO Convention. Minister Moreno was receptive to the suggestion, although the current political situation in Colombia for ratification might not be ideal (Colombia remains preoccupied by the ratification of the bilateral trade agreement with United States, which was concluded last year but is still awaiting approval by the U.S. Congress). Minister Moreno invited representatives of the Colombian Coalition for another exchange meeting in February, possibly also including representative from the Foreign Affairs Ministry.

The Bogota meeting was organized by the Colombian Coalition in partnership with the Canadian Coalition (in its capacity of Secretariat of the International Federation of Coalition for Cultural Diversity) with the financial support of the Secretariat for Culture, Recreation and Sports of the City of Bogotá, the Government of Canada and the Government of Quebec.

Commonwealth Civil Society Gathering in Kampala Issues Convention Ratification Call

The Commonwealth People’s Forum held November 18-22 in Kampala, Uganda, on the eve of the Commonwealth Heads of Government Meeting (CHOGM) held November 23-25, marked the first time that culture was on the agenda of this civil society gathering.

Delegates participating in the culture session of the Forum November 18 and 19th concluded their discussions by issuing a strong call on Commonwealth member countries that have not yet done so to ratify the UNESCO Convention on the Diversity of Cultural Expressions and to involve civil society in its implementation.

Among its six recommendations, the culture section of the statement urges the Commonwealth and its 53 member states to:

“recognise and promote awareness that cultural diversity within and between Member States is a fundamental pillar of the Commonwealth, alongside development and democracy;”
“ratify the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and meaningfully involve and support civil society in its implementation at national, regional and international levels, notably in the development and application of cultural policies and strategies.”

The culture program included a workshop on the Convention presented by Jim McKee, Secretary General of the International Federation of Coalitions for Cultural Diversity (IFCCD), Holly Aylett of the United Kingdom Coalition for Cultural Diversity, and Beat Santschi, the IFCCD’s European Vice-President.

Jim McKee also joined Beat Santschi and FIM President John Smith and Dick Matovu, Secretary of the Uganda Musicians Union, on November 20 for a seminar on the UNESCO Convention and its implications for the development of Uganda’s music sector organized by Uganda Musicians Union in conjunction with the music department of the University of Makawere.

The seminar was part of a three-day professional development session organized by the Uganda Musicians Union in partnership with the International Federation of Musicians (FIM), with the support of Phonographic Performance Limited, which collects and distributes airplay and public performance royalties in the United Kingdom on behalf of performers and record companies.

Coalition Currents is published by the Secretariat for the International Federation
of Coalitions for Cultural Diversity (IFCCD).

Member Coalitions: Argentina, Austria, Australia, Belgium, Benin, Brazil, Burkina Faso, Cameroon, Canada, Chad, Chile, Colombia, Congo, Ecuador, France, Germany, Gabon, Guinea, Hungary, Ireland, Italy, Ivory Coast, Korea, Mali, Mauritius, Morocco, Mexico, New Zealand, Niger, Paraguay, Peru, Portugal, Senegal, Slovakia, South Africa, Spain, Switzerland, Togo, Tunisia, United Kingdom, Uruguay, Venezuela.

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Editor: Jim McKee
Contributors in this issue:
Jean-Luc Pilon, Julie Masson and Carmen Moral-Suárez

Coalition Currents is published with the financial assistance of Canada’s Department of Canadian Heritage and the Government of Quebec