2005 QPR Convention at Work - enhance Sustainable Development, Reduce Poverty

Continuation of presentation by Ojoma Ochai- Director Programme at the British Council.

Ms Ochai who is based in Nigeria was the Consultant at the Media and Civil Society engagement on the Local Content on Gambia Quadrennial Periodic Report (QPR), held at the Tourism and Hospitality Institute (GTHI) in Kanifing On 11 July 2019

In her presentation reproduce verbatim, Madam Ochai stated:

"The 2005 Convention assists government in the design and implementation of policies and measures that

-          support creation, production, distribution and access to diverse cultural goods and services

-          ensure equitable access, openness and balance

-          integrate culture in sustainable development policies, plans and programmes

- promotes respect for human rights and fundamental freedoms.

The International Fund for Cultural Diversity (IFCD) is a unique multi-donor, voluntary fund established under the Convention that fosters the emergence of dynamic cultural sectors in developing countries that are Parties to the Convention. Its overall objective is to promote sustainable development and poverty reduction through investments in creativity.

With countries from the global North and global South working together, the IFCD has become a powerful example of international cooperation and its results show how an investment in creativity can not only stimulate jobs and increase income but also contribute to improving access to local and regional markets.

Since its creation, the IFCD has contributed to the development and implementation of cultural policies, to capacity building for cultural entrepreneurs, mapping of cultural industries and the creation of new cultural industry business models. Funds are contributed by UNESCO Member States, individuals and private sector donors.

International Fund for Cultural Diversity (IFCD)

The IFCD is a unique multi-donor, voluntary fund established under the Convention that fosters the emergence of dynamic cultural sectors in developing countries that are Parties to the Convention.

The International Fund for Cultural Diversity (IFCD) is a unique multi-donor, voluntary fund established under the Convention that fosters the emergence of dynamic cultural sectors in developing countries that are Parties to the Convention. Its overall objective is to promote sustainable development and poverty reduction through investments in creativity.

With countries from the global North and global South working together, the IFCD has become a powerful example of international cooperation and its results show how an investment in creativity can not only stimulate jobs and increase income but also contribute to improving access to local and regional markets.

Since its creation, the IFCD has contributed to the development and implementation of cultural policies, to capacity building for cultural entrepreneurs, mapping of cultural industries and the creation of new cultural industry business models. Funds are contributed by UNESCO Member States, individuals and private sector donors.

The IFCD promotes sustainable development and poverty reduction through investments in creativity.

SUPPORT SUSTAINABLE SYSTEMS OF GOVERNANCE FOR CULTURE

The guiding principles of the Convention reaffirm the sovereign right of States to formulate and implement cultural policies and measures to promote the diversity of cultural expressions at each of the stages of the cultural value chain: creation, production, distribution, dissemination, participation and enjoyment.

A diversity of actors to be involved in systems of governance for culture, which also need to be transparent and informed by an evidence base robust enough to make the case for adapting key policies to changing circumstances.

On this basis, progress towards this goal may be measured in four interrelated monitoring areas:

- cultural policies, in order to determine the extent to which they are implemented, address all stages of the value chain and are informed by

evidence that is both quantitative and qualitative;

- public service media and the digital environment, in order to determine the extent to which policies are being adopted for or adapted to today’s realities and radically transformed circumstances;

- civil society, in order to determine the extent to which civil society actors participate in the design and implementation of cultural policies and in promoting the objectives of the Convention.

Goal 1:

The 2005 Convention assists governments in the design and implementation of policies that support creation, production, distribution and access to diverse cultural goods and services,

These policies must be:

Ø  transparent in their decision making processes

Ø  participatory by engaging civil society in policy design and implementation

Ø  informed through the regular collection of evidence and data to support future policy decisions

The cultural and creative industries are a key driver of the digital creative economy, contributing US$200 billion in global digital sales. New questions require new answers:

How can we modernize policies for creativity in the digital environment?

How should we consider e-commerce in culture and trade agreements?

How can we engage local digital players and protect fair remuneration for artists?

How can we address digital divides and inequalities?

Digital culture is increasingly hyperlinked, multimedia-based and interactive. New technologies open up access to digital content, reducing production costs, increasing exposure and fostering innovative forms of financing, allowing for an explosion of creativity.

However, the rise and market concentration of large platforms, the digital divide and insufficient digital media literacy may reduce access or opportunities. Pirating of copyrighted material also remains a major problem. As is the advent of artificial intelligence, which despite stimulating cultural and creative industries in the global South and bridging the digital divide, can also produce dramatic changes in the cultural value chain and impede on artists’ rights.

Parties to the Convention have recognized the importance of the digital agenda by adopting Operational Guidelines on promoting the diversity of cultural expressions in the digital environment as well as a Road Map. These provide a strategic framework for understanding, interpreting and implementing Convention in the digital environment to secure fair and equitable remuneration for artists and cultural professionals.

Goal 2:

The 2005 Convention orients governments in designing policies and measure that ensure equitable access, openness and balance.

These policies and measures must ensure that:

Ø  Creative professionals and artists can travel freely

Ø  Balance in the flow of cultural goods and services is achieved

Ø  Preferential treatment measures, such as new trade frameworks and agreements, recognize the specificity of cultural goods and services

ACHIEVE A BALANCED FLOW OF CULTURAL GOODS AND SERVICES AND INCREASE THE MOBILITY OF ARTISTS AND CULTURAL PROFE

In order to attain this goal, the Convention introduced provisions to ensure that cultural policies go beyond providing support to domestic artists and cultural productions and provide market access to diverse cultural expressions from around the world. This requires institutional and legal frameworks as well as international cooperation mechanisms to facilitate the mobility of all persons engaged in cultural activities.

Enabling the balanced flow of goods is also necessary, which requires measures to be taken in policy sectors other than the cultural, in particular trade and investment. Consequently, the authors of the Convention borrowed concepts directly from international trade rules and introduced a specific article that obliges developed countries to provide preferential treatment to cultural goods and services from developing countries.

While developed countries‘ Parties to the Convention are expected to put in place the policies and mechanisms to afford developing countries preferential treatment, the latter themselves also need to build strong cultural industries and put in place support mechanisms that make it possible for cultural professionals and enterprises to take advantage of preferential treatment measures.

Progress may be measured through three areas of monitoring:

- Mobility of artists and cultural professionals, in order to determine the extent to which there is freedom of movement and support for unhindered mobility, through specific policies and measures as well as non-governmental initiatives targeting, in particular, artists from the global South;

- Flows of cultural goods and services, in order to determine the extent to which there is equitable access, openness and balance in the distribution of cultural goods and services around the world; and

-Treaties and agreements, in order to determine the extent to which they recognize the specificity of cultural goods and services so as to enable an open and balanced exchange, and facilitate mobility.

There is an imbalance in the trade of cultural goods and services worldwide, with less than 30% of total global exports of cultural goods originating from developing countries. There is also an imbalance in the level of access artists and cultural professionals have to create or perform in countries of their choice due to increasing travel restrictions, especially for artists from developing countries.

Achieving equitable access, openness and balance in the ow of cultural goods and services and the mobility of artists is central to the implementation of the Convention. In order to do this, countries are to put in place special legal frameworks and regulations that give ‘preferential treatment’ to artists and cultural professionals from the global South. This is an area where the tremendous potential of the Convention remains largely untapped.

‘Preferential treatment’, a concept generally used in the context of trade relations, is now an innovative tool for cultural cooperation at the international level. The first preferential treatment clauses included in trade agreements encouraged developed countries to apply lower tariffs on goods from developing countries. Today, preferential treatment refers to different types of advantages granted by developed countries to cultural goods and services from developing countries.

They include the provision of ‘national treatment’ in order to give them access to funding programs generally reserved for national goods and services, or to have their works included in ‘national content quotas’. Countries that have ratified the Convention also engage in the larger issue of restrictions to freedom of movement between developed and developing countries if equitable access to global markets is to be achieved. Preferential treatment measures can address barriers to mobility through, for example, special visas for artists and cultural professionals and reduced fees.

Goal 3:

The 2005 Convention supports governments in the integration of culture in their sustainable development policies, plans and programmes.

These policies, plans and programmes must ensure that:

Ø  national development plans are based on equity in the distribution of and access to cultural resources 

 International development frameworks support the emergence of dynamic creative sectors in developing countries technical and financial assistance strengthens human and institutional capacities and support creativity in developing countries

 Sustainable development is a key theme of the Convention, which set out a new objective in international law, calling upon Parties to integrate culture as a strategic element, not only in international development cooperation programmes but also in national development policies. 

Ø  Firstly, the Convention provides a modern understanding of contemporary development policies.

Ø  Secondly, the Convention put a development focus on the cultural and creative industries as a means of not only generating economic growth and contributing to poverty eradication, but also as a source of creativity and innovation that can empower individuals and social groups, and provide them with a platform for the expression of their human rights and fundamental freedoms.

Ø  Thirdly, the Convention calls for new directions in the flow of international development assistance beyond the North-South axis, by promoting multi-directional cooperation flows within a shared North-South-South space.

Ø  Fourthly, the Convention established the notion that sustainable development should become a priority for all countries, not just developing countries, and this approach is now at the heart of the 2030 Agenda for Sustainable Development.

Ø  Progress towards the implementation of the Convention’s sustainable development goal can be measured through two areas of monitoring:

Ø  - National sustainable development policies and plans, in order to determine the extent to which culture is integrated

Ø  - International sustainable development programmes, in order to determine the extent to which these programmes integrate culture and provide financial assistance for creativity in developing countries.

Agenda 2030: Working together to advance creativity for development

The Monitoring Framework for the Convention currently hinges on the goals and targets of the 2030 Agenda for Sustainable Development. This direct and visible link helps to clarify how and why the Convention is an operational instrument for the implementation of the Sustainable Development Goals (SDGs).

The implementation of the Convention contributes to achieving the following SDGs:

SDG 4 on quality education;

SDG 5 on gender equality;

SDG 8 on decent work and economic growth;

SDG 10 on reduced inequality;

SDG 16 on peace, justice and strong institutions; and

SDG 17 on partnerships for the goals.

And the following specific targets:

Target 4.4. By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs and entrepreneurship.

Target 5.c. Adopt and strengthen sound policies and enforceable legislation for the promotion of gender equality and the empowerment of all women and girls at all levels.

Target 8.3. Promote development-oriented policies that support productive activities, decent job creation, entrepreneurship, creativity and innovation, and encourage the formalization and growth of micro-, small- and medium-sized enterprises, including through access to financial services & Target 8.a. Increase Aid for Trade support for developing countries, in particular least developed countries, including through the enhanced integrated framework for trade-related technical assistance to least developed countries.

Target 10.a. Implement the principle of special and differential treatment for developing countries, in particular least developed countries, in accordance with World Trade Organization agreements.

Target 16.7. Ensure responsive, inclusive, participatory and representative decision-making at all levels & Target 16.10. Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

Target 17.19. By 2030, build on existing initiatives to develop measurements of progress on sustainable development that complement gross domestic product, and support statistical capacity-building in developing countries.

Goal 4:

The 2005 Convention assists governments in designing international and national legislation that promotes respect for human rights and fundamental freedoms.

These policies and measures must guarantee that:

Ø  gender equality, as a cornerstone of human rights, is achieved for women creators,  producers and consumers of cultural goods and services

Ø  artistic freedom, as a pillar of  the fundamental freedom of expression, is promoted and protected

PROMOTE HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

Promoting respect for human rights and the fundamental freedoms of expression, information and communication is a precondition for the creation, distribution and enjoyment of diverse cultural expressions. Indeed, it features as the first of the Convention's guiding principles. Threats to this guiding principle put the implementation of the Convention at risk, as well as its provisions to promote gender equality as a basic human right and artistic freedom as a fundamental freedom of expression.

For the first time in international law, that cultural policies and measures aiming to promote diversity in cultural expressions must foster the full participation and engagement of all members of society, including women.

Progress towards the implementation of the Convention and its goal to promote human rights and fundamental freedoms can be monitored through the following two areas:

-The extent to which gender equality is integrated into legislative frameworks for culture, so that women are supported as creators and producers of cultural goods and services, and that they have access to diverse cultural expressions;

-The extent to which there is a legislative base to promote and protect artistic freedom in ways that respect the rights of artists to practice their art, as well as their social and economic rights.