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Council Decision of 18 May 2006 on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2006/515/EC)

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IV.U.K.RIGHTS AND OBLIGATIONS OF PARTIES

Article 5U.K.General rule regarding rights and obligations

1.The Parties, in conformity with the Charter of the United Nations, the principles of international law and universally recognized human rights instruments, reaffirm their sovereign right to formulate and implement their cultural policies and to adopt measures to protect and promote the diversity of cultural expressions and to strengthen international cooperation to achieve the purposes of this Convention.

2.When a Party implements policies and takes measures to protect and promote the diversity of cultural expressions within its territory, its policies and measures shall be consistent with the provisions of this Convention.

Article 6U.K.Rights of parties at the national level

1.Within the framework of its cultural policies and measures as defined in Article 4.6 and taking into account its own particular circumstances and needs, each Party may adopt measures aimed at protecting and promoting the diversity of cultural expressions within its territory.

2.Such measures may include the following:

(i)

regulatory measures aimed at protecting and promoting diversity of cultural expressions;

(ii)

measures that, in an appropriate manner, provide opportunities for domestic cultural activities, goods and services among all those available within the national territory for the creation, production, dissemination, distribution and enjoyment of such domestic cultural activities, goods and services, including provisions relating to the language used for such activities, goods and services;

(iii)

measures aimed at providing domestic independent cultural industries and activities in the informal sector effective access to the means of production, dissemination and distribution of cultural activities, goods and services;

(iv)

measures aimed at providing public financial assistance;

(v)

measures aimed at encouraging non-profit organizations, as well as public and private institutions and artists and other cultural professionals, to develop and promote the free exchange and circulation of ideas, cultural expressions and cultural activities, goods and services, and to stimulate both the creative and entrepreneurial spirit in their activities;

(vi)

measures aimed at establishing and supporting public institutions, as appropriate;

(vii)

measures aimed at nurturing and supporting artists and others involved in the creation of cultural expressions;

(viii)

measures aimed at enhancing diversity of the media, including through public service broadcasting.

Article 7U.K.Measures to promote cultural expressions

1.Parties shall endeavour to create in their territory an environment which encourages individuals and social groups:

(a)

to create, produce, disseminate, distribute and have access to their own cultural expressions, paying due attention to the special circumstances and needs of women as well as various social groups, including persons belonging to minorities and indigenous peoples;

(b)

to have access to diverse cultural expressions from within their territory as well as from other countries of the world.

2.Parties shall also endeavour to recognize the important contribution of artists, others involved in the creative process, cultural communities, and organizations that support their work, and their central role in nurturing the diversity of cultural expressions.

Article 8U.K.Measures to protect cultural expressions

1.Without prejudice to the provisions of Articles 5 and 6, a Party may determine the existence of special situations where cultural expressions on its territory are at risk of extinction, under serious threat, or otherwise in need of urgent safeguarding.

2.Parties may take all appropriate measures to protect and preserve cultural expressions in situations referred to in paragraph 1 in a manner consistent with the provisions of this Convention.

3.Parties shall report to the Intergovernmental Committee referred to in Article 23 all measures taken to meet the exigencies of the situation, and the Committee may make appropriate recommendations.

Article 9U.K.Information sharing and transparency

Parties shall:

(a)

provide appropriate information in their reports to Unesco every four years on measures taken to protect and promote the diversity of cultural expressions within their territory and at the international level;

(b)

designate a point of contact responsible for information sharing in relation to this Convention;

(c)

share and exchange information relating to the protection and promotion of the diversity of cultural expressions.

Article 10U.K.Education and public awareness

Parties shall:

(a)

encourage and promote understanding of the importance of the protection and promotion of the diversity of cultural expressions, inter alia, through educational and greater public awareness programmes;

(b)

cooperate with other Parties and international and regional organizations in achieving the purpose of this article;

(c)

endeavour to encourage creativity and strengthen production capacities by setting up educational, training and exchange programmes in the field of cultural industries. These measures should be implemented in a manner which does not have a negative impact on traditional forms of production.

Article 11U.K.Participation of civil society

Parties acknowledge the fundamental role of civil society in protecting and promoting the diversity of cultural expressions. Parties shall encourage the active participation of civil society in their efforts to achieve the objectives of this Convention.

Article 12U.K.Promotion of international cooperation

Parties shall endeavour to strengthen their bilateral, regional and international cooperation for the creation of conditions conducive to the promotion of the diversity of cultural expressions, taking particular account of the situations referred to in Articles 8 and 17, notably in order to:

(a)

facilitate dialogue among Parties on cultural policy;

(b)

enhance public sector strategic and management capacities in cultural public sector institutions, through professional and international cultural exchanges and sharing of best practices;

(c)

reinforce partnerships with and among civil society, non-governmental organizations and the private sector in fostering and promoting the diversity of cultural expressions;

(d)

promote the use of new technologies, encourage partnerships to enhance information sharing and cultural understanding, and foster the diversity of cultural expressions;

(e)

encourage the conclusion of co-production and co-distribution agreements.

Article 13U.K.Integration of culture in sustainable development

Parties shall endeavour to integrate culture in their development policies at all levels for the creation of conditions conducive to sustainable development and, within this framework, foster aspects relating to the protection and promotion of the diversity of cultural expressions.

Article 14U.K.Cooperation for development

Parties shall endeavour to support cooperation for sustainable development and poverty reduction, especially in relation to the specific needs of developing countries, in order to foster the emergence of a dynamic cultural sector by, inter alia, the following means:

(a)

the strengthening of the cultural industries in developing countries through:

(i)

creating and strengthening cultural production and distribution capacities in developing countries;

(ii)

facilitating wider access to the global market and international distribution networks for their cultural activities, goods and services;

(iii)

enabling the emergence of viable local and regional markets;

(iv)

adopting, where possible, appropriate measures in developed countries with a view to facilitating access to their territory for the cultural activities, goods and services of developing countries;

(v)

providing support for creative work and facilitating the mobility, to the extent possible, of artists from the developing world;

(vi)

encouraging appropriate collaboration between developed and developing countries in the areas, inter alia, of music and film;

(b)

capacity-building through the exchange of information, experience and expertise, as well as the training of human resources in developing countries, in the public and private sector relating to, inter alia, strategic and management capacities, policy development and implementation, promotion and distribution of cultural expressions, small-, medium- and micro-enterprise development, the use of technology, and skills development and transfer;

(c)

technology transfer through the introduction of appropriate incentive measures for the transfer of technology and know-how, especially in the areas of cultural industries and enterprises;

(d)

financial support through:

(i)

the establishment of an International Fund for Cultural Diversity as provided in Article 18;

(ii)

the provision of official development assistance, as appropriate, including technical assistance, to stimulate and support creativity;

(iii)

other forms of financial assistance such as low interest loans, grants and other funding mechanisms.

Article 15U.K.Collaborative arrangements

Parties shall encourage the development of partnerships, between and within the public and private sectors and non-profit organizations, in order to cooperate with developing countries in the enhancement of their capacities in the protection and promotion of the diversity of cultural expressions. These innovative partnerships shall, according to the practical needs of developing countries, emphasize the further development of infrastructure, human resources and policies, as well as the exchange of cultural activities, goods and services.

Article 16U.K.Preferential treatment for developing countries

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.

Article 17U.K.International cooperation in situations of serious threat to cultural expressions

Parties shall cooperate in providing assistance to each other, and, in particular to developing countries, in situations referred to under Article 8.

Article 18U.K.International Fund for Cultural Diversity

1.An International Fund for Cultural Diversity, hereinafter referred to as ‘the Fund’, is hereby established.

2.The Fund shall consist of funds-in-trust established in accordance with the Financial Regulations of Unesco.

3.The resources of the Fund shall consist of:

(a)

voluntary contributions made by Parties;

(b)

funds appropriated for this purpose by the General Conference of Unesco;

(c)

contributions, gifts or bequests by other States; organizations and programmes of the United Nations system, other regional or international organizations; and public or private bodies or individuals;

(d)

any interest due on resources of the Fund;

(e)

funds raised through collections and receipts from events organized for the benefit of the Fund;

(f)

any other resources authorized by the Fund's regulations.

4.The use of resources of the Fund shall be decided by the Intergovernmental Committee on the basis of guidelines determined by the Conference of Parties referred to in Article 22.

5.The Intergovernmental Committee may accept contributions and other forms of assistance for general and specific purposes relating to specific projects, provided that those projects have been approved by it.

6.No political, economic or other conditions that are incompatible with the objectives of this Convention may be attached to contributions made to the Fund.

7.Parties shall endeavour to provide voluntary contributions on a regular basis towards the implementation of this Convention.

Article 19U.K.Exchange, analysis and dissemination of information

1.Parties agree to exchange information and share expertise concerning data collection and statistics on the diversity of cultural expressions as well as on best practices for its protection and promotion.

2.Unesco shall facilitate, through the use of existing mechanisms within the Secretariat, the collection, analysis and dissemination of all relevant information, statistics and best practices.

3.Unesco shall also establish and update a data bank on different sectors and governmental, private and non-profit organizations involved in the area of cultural expressions.

4.To facilitate the collection of data, Unesco shall pay particular attention to capacity-building and the strengthening of expertise for Parties that submit a request for such assistance.

5.The collection of information identified in this Article shall complement the information collected under the provisions of Article 9.

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