UNESCO convention on cultural diversity: key documents
- Preliminary draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions [download pdf]
- comments by the CRIS campaign [ en | es | fr] comments by the INCD [word]
- UNESCO overview of the Convention process
UNESCO intergovernmental session II, Day 11: Thursday, February 10, 2005
Summary: In the morning, the drafting
committee met and discussed article 7, especially the clause "States
Parties shall ensure IPRs are fully respected and enforced according to
existing international instruments to which States are parties,
particularly through the development or strengthening of measures
against piracy." Despite the recommendations of the plenary, which
tended towards either deleting the intellectual property language or at
least eliminating the clause about 'development or strengthening of
measures against piracy,' the USA - with some support from Ecuador (?!)
did not allow the deletion of the text or even a bracket on the whole
clause. Instead, after strenuous effort by Brazil, 'IP rights,' 'fully
respect and enforce' and 'or strengthening' were bracketed, while a
footnote was added to 'piracy' indicating that it was problematic and
undefined. Meanwhile, the Brazilian proposal 7.4, "States Parties
undertake to ensure in their territory protection against unwarranted
appropriation of traditional and popular cultural contents and
expressions, with particular regard to preventing the granting of
invalid intellectual property rights," was shot through with brackets by
the chair and the USA. This was despite near unanimous approval of the
original language during the earlier discussion of this clause in
plenary. In addition, the USA added a footnote that it should be
discussed in other fora, which would be a fine point except they refused
to allow a similar footnote on the piracy clause.
Posted on February
10, 2005 | Filed Under: English
| News
Item | UNESCO
Convention on Cultural Diversity
CRIS+ Statement regarding Intellectual Property Provisions in the draft Convention
To UNESCO Delegates: The undersigned support
the spirit of the UNESCO draft convention on cultural diversity and are
encouraged by the efforts of the delegates in their inter-governmental
meeting in Paris, January- February 2005. However, we are deeply
concerned that the current draft mentions the need to protect or even
strengthen intellectual property more than 16 times, while failing
entirely to mention the need to protect access to knowledge, the public
domain, and the cultural commons. If this imbalance is not corrected,
the proposed Convention would represent a serious departure from both
the Universal Declaration of Human Rights and the UNESCO Universal
Declaration on Cultural Diversity.
Posted on February
9, 2005 | Filed Under: English
| NGO
| Social
Movement | Testimony
| UNESCO
Convention on Cultural Diversity
UNESCO intergovernmental session II, Day 10: Wednesday, February 9, 2005
Summary: Today the drafting committee
met all morning to continue working. In the afternoon, plenary met to
discuss the new draft of articles 12 through 18 (except 13), on rights
and obligations of the signatories of the convention, as well as the
president's suggestions for the definition of 'protect.' In general, it
was encouraging to see some progress coming from the drafting committee,
with suggestions for articles 12 through 18 that took into account many
comments from the plenary. Unfortunately, the imperative to developed
states (especially in article 13) to make room in their markets for
developing country cultural expressions has been watered down with
language like 'encourage, where possible, with a view to.' On the good
side, many provisions describing cultural policies that should be part
of the 'toolkit' remain in, when they might have been deleted. Also
positive, the proposed definition of 'cultural goods and services' that
came from the president has removed the unbalanced clause on
intellectual property. That's not a done deal, however, and will come up
for debate in the drafting committee tonight and in plenary tomorrow.
Posted on February
9, 2005 | Filed Under: Academic
| English
| Government
| Industry
| News
Item | NGO
| Social
Movement | UNESCO
Convention on Cultural Diversity
Statement by the International Federation of Library Associations and Institutions (IFLA)
The International Federation of Library
Associations and Institutions (IFLA) represents the interests of
library and information services and their users worldwide. It is the
global voice of the library and information profession and is a
long-time accredited NGO (non-governmental organization) with UNESCO...
Posted on February
9, 2005 | Filed Under: English
| Testimony
| UNESCO
Convention on Cultural Diversity
UNESCO intergovernmental session II, Day 9: Tuesday, February 8, 2005
Summary: The entire morning was taken up
by largely unsubstantive questions and procedural discussion regarding
the final clauses of the convention, 25 through 29, on ratification and
so forth. There was some back and forth on the number of states required
for the convention to entry into force, and some discussion of the
special clause referring to countries that have a federal system. In
broad strokes, it seems at this point impossible for them to finish the
week with a final revised text. What will most likely happen (though
this is subject to debate) is the following: this week will end with
recommendations from the plenary to the drafting committee on most or
all of the draft text. The drafting committee won't have time to
incorporate all of these and report back to plenary, so the drafting
committee will either be held over several more days or called back to
work in a few weeks. Some version of a revised text will be submitted on
March 3rd, which is required in order to meet the 7 month deadline
before the General Assembly in the fall. Then, there will have to be
another intergovernmental, probably in May. On the US side, the State
Department is willing to organize a briefing for public interest groups
sometime before this May meeting.
Posted on February
8, 2005 | Filed Under: English
| News
Item | UNESCO
Convention on Cultural Diversity
CRIS+ intervention on Article 19 of draft UNESCO convention
Delivered to the plenary of the II
intergovernmental session; Monday, February 7th, 2005
Mr. chairman, delegates,
On Article 19 - Relationship to other instruments: all of the NGO signatories to the position of the Communication Rights campaign strongly support a modified version of Option A over Option B. Like Brazil, Andora, Vietnam, and others, our position is that Paragraph 2 of Option A should become the full text of Article 19, as follows:
Mr. chairman, delegates,
On Article 19 - Relationship to other instruments: all of the NGO signatories to the position of the Communication Rights campaign strongly support a modified version of Option A over Option B. Like Brazil, Andora, Vietnam, and others, our position is that Paragraph 2 of Option A should become the full text of Article 19, as follows:
UNESCO intergovernmental session II, Day 8: Monday, February 7, 2005
Summary: First, it was announced that
the drafting committee made very little progress over the weekend, so
time in plenary this week will be kept for the most part to half days to
allow the drafting committee more time. Today's plenary discussed
articles 13 and 19, on "international consultation and coordination,"
and "relationship to other instruments," respectively.
CRIS+ statement on the need to balance 'intellectual property' language in article 7 of UNESCO draft text
Delivered to the plenary of the second
intergovernmental session of the draft UNESCO convention on cultural
diversity (convention on the protection and promotion of cultural
contents and artistic expressions).
UNESCO intergovernmental session II, Fifth Day: Friday, February 4, 2005
Summary: In the morning, first, the
chair reported that last night's drafting committee meeting was long and
cumbersome, with very little progress made. Next, the legal advisor
responded to yesterday's concerns about interference with other
international law by drawing delegates' attention to the formal comments
submitted by WTO, WIPO, and UNCTAD. Then, NGO lobbying for time partly
paid off, with the chair announcing that we would have 10 minutes to
speak at the end of the discussion on article 7 (which includes some
unfortunate IP language about an undefined 'piracy.')
UNESCO intergovernmental session II, Fourth Day: Thursday, February 3, 2005
Summary: The day began with the chair's
report that yesterday evening's drafting committee came to consensus on
the first part of the article of the convention that deals with its
objectives. Then the discussion moved for the first time into the meat
of the convention: the rights and obligations of the states.
UNESCO intergovernmental session II, Third Day: Wednesday, February 2, 2005
Summary: The chair introduced a
timetable for negotiations for the next week and a half. The discussion
on definitions concluded with general consensus on most terms, to be
sent to the drafting committee, but with a working group of Brazil,
Japan, USA, and Luxembourg (representing the EU) to discuss the
definition of 'cultural goods and services' and report back to the
plenary tomorrow.
UNESCO intergovernmental session II, Second Day: Tuesday, February 1, 2005
Summary: In the morning, there was a
reportback from the ad hoc working group on title and principles, which
included the recommendation that the term 'protect' be bracketed,
reflecting the US position. A discussion ensued on the legitimacy of the
ad hoc working group versus the formal drafting committee, resulting
more or less in a consensus that the drafting committee would be a more
appropriate place to revise text than any ad hoc working group.
India expresses reservations over draft convention on culture
India News > Shanghai, Oct 16 : India today
expressed serious reservations over a draft convention being discussed
at the UNESCO which infringed on the rights and obligations of sovereign
states and called for redrafting it so as to allow countries to nurture
their cultural diversity.
Posted on October
16, 2004 | Filed Under: English
| Government
| News
Item
Seeking convergence: new book on communications and the public interest
Seeking Convergence in Policy and Practice:
Communications in the Public Interest, Vol.2: In this new collection,
noted Canadian academics and activists explore critical communications
issues, from the World Summit on the Information Society to meaningful
citizen engagement in public policy debate amidst new transnational
regulatory regimes.
E-Commerce and the General Agreement on Trade in Services (GATS)
The Telecommunications Workers Union's (Canada)
analysis of e-commerce and the impact of the General Agreement on Trade
in Services. This document outlines the primary impacts of deregulation
on the telecommunication industry amidst a global political, economic
and social system that places increased importance on telecommunications
infrastructure.
Canadian communications union telecommunication policy
This document, produced by Canada's largest
communication union (the Communication, Energy and Paperworkers Union of
Canada), outlines the organization's proposed telecommunications
policy. Written for the CEP's 2004 national convention, the policy
outlines recommendations for the union's activities in the sector and
outlines its position in regard to universal service, quality of service
and foreign ownership restrictions.

