New International Instrument on Cultural Diversity (NIICD)
Mandate for Canadian Action
"…develop a new approach internationally to support the diversity of cultural
expression in countries around the world." (Speech from the Throne, October 999)
The Government of Canada committed, in October 1999, to pursuing an New International
Instrument on Cultural Diversity (NIICD) which would set out clear ground rules
to enable Canada and other countries to maintain policies that promote their
culture, while respecting the rules governing the international trading system
and securing markets for cultural exports. It would also recognize the importance
of cultural diversity issues to international social and economic development.
A New International Approach
The recognition and importance of cultural diversity to social and economic
development is not a new item on the international political agenda. It was
highlighted in 1995 in the UNESCO Report of the World Commission on Culture
and Development, Our Creative Diversity. In 1998, UNESCO's Stockholm
Action Plan identified "cultural policy as one of the key components of
endogenous and sustainable development." In addition to its recognition
in traditional cultural fora, the concept of cultural diversity has been raised
in non-cultural fora such as the G-8, the World Bank and La Francophonie as
an important component to quality of life, conflict resolution and human security.
However, despite a host of statements and communiqués, existing international
agreements address only some aspects of cultural diversity, are often declaratory
in nature, do not adequately address the needs of developing countries or communities
at the sub-national level, and provide no direction for concerted action. Given
the importance of cultural diversity and the increasing pressure to address
cultural diversity issues in the context of globalization, there is a need for
a new international instrument that would set the context and define the conditions
necessary to fairly and equitably realize the opportunities and benefits of
cultural diversity within and among countries.
A New International Instrument on Cultural Diversity: A Canadian Policy Approach
Canada's cultural policies have evolved over time, adapting to the changing
dynamics of the domestic and international environments. But global trends increasingly
exert pressure on domestic culture and cultural policies. Specifically, the
policy challenges for the Canadian cultural sector include:
- Ensuring a place for Canadian stories in the domestic and global marketplaces;
- Supporting business and investment opportunities while ensuring consumer
choice and a diversity of voices and opinions; and
- Providing Canadian creators and entrepreneurs with the skills they need
to be successful both at home and abroad.
New technologies combined with industry convergence and consolidation (mega-mergers)
and the globalization of the economy are increasingly exerting pressure on cultural
policies that have served to create a strong diverse Canadian culture. These
trends are blurring definitions in international trade agreements and can limit
the impact of the traditional exemption approach Canada and other countries
have taken regarding cultural industries (e.g. by negotiating cultural exemptions,
such as in the Free Trade Agreement of the Americas (FTAA) and North-American
Free Trade Agreement (NAFTA), or by not assuming obligations on cultural industries
as in the World Trade Organization (WTO) / General Agreement on Trade in Services
(GATS). The challenge for Canada is to achieve a balance between domestic cultural
policy objectives and our international trade obligations.
Recognizing the potential limitations of the traditional exemption approach,
the cultural industries Sectoral Advisory Group on International Trade (SAGIT)
in its 1999 report entitled Canadian
Culture in a Global World: New Strategies for Culture and Trade, considers
that Canada is at crossroads in the relationship between cultural policies and
international agreements on trade and investment. The SAGIT's analysis
of the implications of the evolving international environment led the group
to recommend a new approach to cultural trade based on the premise that instead
of defining ourselves simply as the producers and consumers of tradeable goods
and services, we must now step forward and reaffirm the importance of our cultural
diversity, and the ability of each country to ensure that its own stories and
experiences will be available to both its own citizens and the rest of the world.
In September 2002 SAGIT released a draft
text of an instrument entitled International Agreement on Cultural Diversity
- A Model for Discussion in order to further their work from 1999 and contribute
to the current discussions on developing a new international instrument on cultural
diversity.
Elements of a New International Instrument on Cultural Diversity (NIICD)
The process of developing and building consensus for an NIICD is enhancing
the profile of cultural diversity in a profound way by raising the level of
understanding for why it is important and how it benefits us, and exploring
the relationship between culture and social and economic development. A truly
successful instrument - based on a clear vision, principles and objectives
- would recognize cultural diversity as a public good, similar to the
environment and sustainable development, requiring due consideration in the
development of public policy at the international level.
The NIICD would, by international agreement, recognize the legitimate role
of governments to support, promote and safeguard cultural diversity as a key
public interest objective. It would give countries and communities the flexibility
to make their own choices about how they want to evolve - ensuring that
nations have all the tools at their disposal to create the right conditions
for the creation, production, distribution, promotion and conservation of cultural
content while still remaining open to all the world has to offer. The instrument
would also acknowledge the roles of international organizations, the private
sector and civil society in safeguarding cultural diversity.
Amid growing recognition that the policy of a cultural exemption in trade agreements
may no longer be an effective way of dealing with cultural trade issues, an
international instrument would also reconcile this right of governments to pursue
their cultural policy objectives with the structure of the international trading
system. An instrument would articulate and justify what makes cultural products
different from other types of merchandise and identify the conditions under
which domestic policies/measures could be pursued. In this way, the instrument
would provide clarity by establishing rules for what governments may or may
not do with respect to culture/trade issues.
Hence, at a very practical level, an instrument that reflects a consensus on
the unique economic and social role of cultural activities in a global context
will provide certainty and predictability for the movement of cultural goods
and services in international markets. This kind of clarity would enable governments
to make policy for the public interest while encouraging business to invest
with confidence.
Canada, Advancing the Idea of an Instrument Internationally
As a first step, Canada is encouraging international dialogue on the importance
of cultural diversity and hopes to facilitate a global consensus on the centrality
of cultural diversity to social and economic development in a global environment.
This consensus should be based on a common vision, principles and objectives
for the realization of the social and economic benefits of cultural diversity
for all citizens. A New International Instrument on Cultural Diversity (NIICD)
can be the articulation of this global consensus.
Canada is working with institutions and civil society to build support for
an NIICD. Canada's pursuit of raising recognition on the importance of
cultural diversity to the international agenda, has led to the creation of significant
voices, both domestically and internationally, which include Non-Governmental
Organizations (NGOs) and cultural sector organizations. Some of the key NGOs
include the following:
- the Coalition for Cultural
Diversity (CCD), which consists of 32 Canadian national associations
in the cultural milieu calling for an NIICD, and encourages sister coalitions
in other countries to support an NIICD; and
- the International Network
on Cultural Diversity (INCD), which currently includes over 300 organizations
from more than 40 countries and is a world wide network of artists and cultural
groups dedicated to countering the homogenizing effects of globalization on
culture. The Canadian Conference of the Arts (CCA) houses the INCD's
Secretariat.
In the past two years, Declarations and/or Action Plans have emerged from the
following multilateral fora, which include reference to the social and economic
importance of cultural diversity and, in some cases, the need for an international
instrument:
A Look Ahead
In the short term, international discussions on cultural diversity and the
development of an NIICD will continue in the following fora:
- The Third
Annual Conference of the INCD, held in Cape Town on October 11-13, 2002
to discuss strategies for fostering cultural diversity in and among nations
and analyze the effects of programs that link culture and development, further,
the INCD membership will be discussing their recently developed draft
text on a new international instrument on cultural diversity;
- The INCP's
Fifth Annual Ministerial Meeting held in Cape Town on October 14-16, 2002
where Culture Ministers met to consider the draft Instrument prepared by the
INCP's Working Group on Cultural Diversity and Globalization;
- The Francophonie Summit
held in Beirut on October 18-20, 2002 where cultural diversity figured prominently
on the agenda; and
- United
Nations Conference on Trade and Development (UNCTAD) Expert Meeting on Audiovisual
Services held in Geneva, on November 13-15, 2002, designed to improve the participation
of developing countries, included discussions of trade and cultural diversity.
In the medium term Canada plans to engage in further domestic consultations
with all stakeholders and encourages other countries to do the same with a view
to expanding the dialogue on the development of a New International Instrument
on Cultural Diversity.
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