Communication from the Commission to the Council and the European Parliament - Towards an international instrument on cultural diversity
Date: 2003-08-27
Institutions: European Commission
Subjects: cultural pluralism, cultural policy, international cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.8.2003
COM(2003) 520 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND
THE EUROPEAN PARLIAMENT

Towards an international instrument on cultural diversity

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1.

CONTEXT

Cultural diversity has become one of the major issues of the international debate taking place
among  international  and  regional  organisations  since  1998.  A  number  of  bodies  have
examined this issue: the G8 (Okinawa, 2000), the Council of Europe (Declaration on cultural
diversity,  December  2000),  UNESCO  (Universal  Declaration  and  Action  Plan  on  Cultural
Diversity,  November  2001,  for  which  the  European  Community  and  its  Member  States
International
expressed 
Telecommunication  Union  (ITU)  through  the  World  Summit  on  the  Information  Society
(WSIS), to be held in Geneva in 2003 and in Tunisia in 2005. Furthermore, cultural diversity
has been the subject of discussions of other international and regional fora, including the civil
society1.

the  United  Nations  and 

support),  and  currently 

their 

Such  progressive  affirmation  of  cultural  diversity  at  international  level  is  a  contributing
answer  to  growing  concerns  of  civil  society  and  governments  regarding  the  preservation  of
cultural diversity (as a common heritage of humankind, in a similar manner to biodiversity) as
well  as  the  promotion  of  living  cultures  and  creative  capacity.  In  both  dimensions,  cultural
diversity tends to integrate global strategies of sustainable development. Public authorities are
increasingly  sensitive  to  the  need  to  develop  intercultural  dialogue,  with  a  view  to  foster
peace, security and stability at global level.

The  Universal  Declaration  on  Cultural  Diversity  and  the  supporting  Action  Plan,  adopted
unanimously  by  UNESCO  in  November  2001,  met  with  the  European  Community  and  its
Member States’ approval. The latter broadly endorsed the values and principles enshrined in
these texts, which were adopted by most of the international community. The first item under
the Action Plan mentions the objective of “(…) taking forward notably consideration of the
opportunity of an international legal instrument on cultural diversity.”

In  April  2003,  UNESCO’s  Executive  Board  recommended  by  consensus  that  the
organisation’s General Conference, which is to meet  early this Autumn (29  September  –  17
October),  “that  it  take  a  decision  to  continue  action  aimed  at  drawing-up  a  new  standard-
setting instrument on cultural diversity and to determine the nature of that instrument.”

The  forthcoming  General  Conference  will  thus  take  a  decision  on  the  opportunity  of  an
international instrument on cultural diversity as well as on the nature of such instrument.

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The Organisation Internationale de la Francophonie  (OIF),  and  the  International  Network  on  Cultural
Policy (INCP), as well as the International Network for Cultural Diversity (INCD) as far as civil society
is concerned. Within the context of their discussions on cultural diversity, some organisations focused
more  specifically  on  the  question  related  to  an  international  instrument.  The  INCP  produced  a  draft
global  convention,  approved  by  the  Ministers  in  Cape  Town  in  October  2002.  In  parallel  with  the
meetings  of  the  INCP,  a  coalition  of  professionals  representing  civil  society  and  meeting  within  an
International Network for Cultural Diversity (INCD) has als produced a draft international instrument.
In addition, the SAGIT – Sectoral Advisory Group on International Trade on cultural industries, which
advises the Canadian government on matters related to trade, produced a draft instrument.

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2.

COMMUNITY INVOLVEMENT

Preservation  and  promotion  of  cultural  diversity  are  among  the  founding  principles  of  the
European  model.  They  are  enshrined  in  the  Treaty,  in  Article  1512;  in  the  Charter  of
Fundamental Rights of the European Union, under Article 223, and will figure prominently in
our future Constitution.

In  terms  of  internal  policies,  Article  151,  which  has  permitted  the  development  of  cultural
actions,  notably  through  the  Culture  2000  Programme,  requires  in  addition  the  taking  into
account of the cultural dimension in other Community policies – as it is the case for industrial
policy as far as the MEDIA Plus Programme is concerned, and for freedom of movement of
services within the internal market with regards to the Television Without Frontiers Directive.

Such principle  also  applies  to  the  external  dimension  of  the  Community  action,  and  Article
151 requires the EC and its Member States to promote this model in its international relations,
as a contribution to a world order based on sustainable development, peaceful coexistence and
dialogue  between  cultures.  With  regards  to  international  co-operation,  the  key  provision  is
Article  151.3:  “The  Community  and  the  Member  States  shall  foster  co-operation  with  third
countries and the competent international organisations in the sphere of culture, in particular
the Council of Europe.”

The  Community  is  involved  in  cultural  policies  and  actions  which  require  it  to  strengthen
these  aspects  within  its  borders  and  in  its  relations  with  third  countries  and  international
organisations.  The  Community  has  elaborated  an  ambitious  development  policy  which
includes  a  cultural  component  with  certain  regions  of  the  world,  particularly  the  African,
Caribbean and Pacific (ACP) region and the Mediterranean4. The Community external action
in the field of culture finds its legitimacy and added value in its natural vocation to foster an
intercultural dialogue and establish the conditions of its equality.

In the field of Information Society, the Community has developed actions and programmes –
such as the eEurope initiative – aiming notably the promotion of cultural diversity through the
use  of  information  and  communication  technologies  (ICTs).  These  actions  constitute  a
framework for dialogue and co-operation with third countries.

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3

4

In  particular  Article  151.1:  “The  Community  shall  contribute  to  the  flowering  of  the  cultures  of  the
Member States, while respecting their national and regional diversity and at the same time bringing the
common cultural heritage to the fore.” And Article 151.4: “The Community shall take cultural aspects
into account in its action under other provisions of this Treaty, in particular in order to respect and to
promote the diversity of its cultures.”
Article 22: “The Union shall respect cultural, religious and linguistic diversity”.
See Article 27 on “Cultural development” of the Cotonou Agreement and Chapter III on “Partnership in
social,  cultural  and  human  affairs:  developping  human  resources,  promoting  understanding  between
cultures  and  exchanges  between  civil  societies”  of  the  1995  Barcelona  Declaration  founding  the  new
Euro-Mediterranean Partnership.

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The Treaty and the Community instruments call on the Community and its Member States to
address jointly certain of the issues which are of relevance to a discussion on an international
instrument. The EC and its Member States would have to ensure coherence between internal
and external EU policies and multilateral agreements, notably under the auspices of the World
Trade Organisation (WTO) and the World Intellectual Property Organisation (WIPO). On this
latter forum, the instrument should neither interfere nor prejudice with on-going discussions
notably  within  the  WIPO  Intergovernmental  Committee  on  Genetic  Resources,  Traditional
Knowledge and Folklore/Traditional Cultural Expressions.

Within the context of the launch of multilateral trade negotiations in WTO, the  EU General
Affairs Council stressed the importance of the objective of preservation of cultural diversity,
in 1999 conclusions5, which are still valid for the ongoing negotiations.

Moreover,  given  the  importance  of  international  cultural  and  audio-visual  co-operation  in
these  debates,  the  Community  and  its  Member  States,  with  its  important  instruments  of  co-
operation,  must  participate  in  these  debates  in  a  way  that  it  is  commensurate  with  its
contribution  to  co-operation  and  development.  European  policies  support  and  implement
certain specific objectives of the UNESCO Universal Declaration, such as developing viable
local  cultural  industries  and  improving  the  distribution  of  cultural  works  at  global  level,
particularly works from developing countries.

The negotiations, at the forthcoming UNESCO General Conference, with a view to a decision
on  the  opportunity  and  the  nature  of  a  possible  future  international  instrument  on  cultural
diversity,  clearly  cover  matters  with  regard  to  which  rules  and  instruments  exist  at  the
Community level.

Culture  Ministers  meeting  in  Thessaloniki  in  May  2003  debated  on  a  possible  international
instrument on cultural diversity, with the following conclusions:

« 7. Europe as a continent of culture can neither accept the threat of  cultural  homogeneity,
nor  the  threat  of  the  clash  of  civilisations.  The  European  answer  to  all  this  is  to  insist  on
safeguarding and promoting cultural diversity.

8. This basic  political  pursuit  needs  the  appropriate  legal  basis.  On  the  international  level,
the  latter  may  be  expressed  under  the  aegis  of  UNESCO  in  the  form  of  a  multilateral
convention  on  the  protection  and  promotion  of  cultural  diversity,  taking  into  account  the
preparation  already  done  in  the  framework  of  the  Council  of  Europe  and  the  International
Network of Cultural Policy. The basic international forum for cultural policies cannot be the
WTO. »

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Council Conclusions of 25 October 1999: “During the forthcoming WTO negotiations, the Union will
ensure, as in the Uruguay Round, that the Community and its Member States maintain the possibility to
preserve and develop their capacity to define and implement their cultural and audio-visual policies for
the purpose of preserving their cultural diversity.”

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3.

ADDED VALUE OF A NEW INSTRUMENT

The  growing  debate  at  international  level,  as  illustrated  by  the  previous  developments,
confirms the interest in cultural diversity, specifically on a normative framework to ensure the
preservation and promotion of cultural diversity.

In  its  document  “Preliminary  study  on  the  technical  and  legal  aspects  relating  to  the
desirability of  a  standard-setting instrument on cultural diversity” (166  EX/28 of 12 March
2003),  elaborated  for  the  Executive  Board,  the  UNESCO  Secretariat  lists  existing
international instruments relating to cultural diversity, under the global umbrella of the United
Nations.  Its  analysis  is  that  “several  aspects  of  cultural  diversity  are  already  governed  by
international standards, some binding, some non binding.” It identifies nevertheless a gap in
international law which an instrument could fill, which is cultural diversity in the context of
globalisation, with the following specific objectives:

“To  establish  a  link  between  the  preservation  of  cultural  diversity  and  the  goals  of
development, notably  through the  promotion of  creative  activity  and  the  cultural  goods  and
services through which such activity is expressed. This means in particular, fostering States’
capacity to define their cultural policies (…). “

On  this  starting  point,  the  Secretariat  then  lists  four  possible  areas  or  options  which  might
benefit  from  standard-setting  efforts  by  UNESCO6.  Amongst  those  four  options,  a  clear
majority  of  UNESCO’s  Executive  Board  Members  favoured  the  last  one,  consisting  in
“protection of the diversity of cultural contents and artistic expressions reflected in cultural
industries, which aspects appear to be particularly threatened by globalisation”.

The  Secretariat  specifies  as  follows  the  objectives  underlying  normative  work  under  this
option:  “(…)  to  guarantee  protection  for  cultural  diversity  within  a  variety  of  forms  of
expression  of  cultural  activity;  promote  a  dynamic  interaction  among  the  different  cultural
contents  and  artistic  expressions  and  between  them  and  other  closely  related  domains
(multilingualism 
local  contents,
in  relation  to  cultural  expression,  development  of 
participation in cultural life, opportunities for access to multiple source cultures and through
a variety of media, digital included); respect the individual rights of creators and artists and
facilitate  the  circulation  of  individuals,  goods,  services  and  knowledge  linked  to  cultural
activity while preserving stable areas of identity and creativity. The preservation of cultural
diversity would thus be linked to the objectives of sustainable development and intercultural
dialogue  through  the  promotion  of  creative  activity  and  artistic  expression.  Such  an
instrument  should  also  ensure  that  each  State  is  free  to  define  its  cultural  policies,  its  co-
operation agreements and its partnership initiatives in a global world (…).”

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These four areas or options are: (a) a new comprehensive instrument on cultural rights (i.e. participation
to cultural life, freedom to engage in creative activity, right to education etc); (b) an instrument on the
status of the artist; (c) a Protocol to the Florence  Agreement (about  the  circulation  of  cultural  goods)
and  (d)  the  protection  of  the  diversity  of  cultural  contents  and  artistic  expressions.  The  Secretariat
indicates in its comments related to the first 3 options, and for distinct reasons, that they may not be the
most appropriate or feasible to address – thereby favouring option (d).

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4. GUIDING PRINCIPLES FOR A FUTURE INSTRUMENT

At  this  stage  the  shape  and  content  of  the  envisaged  instrument  have  not  been  addressed.
Discussion is under way about this and several options could be considered.

The Commission considers that a legally binding instrument to preserve and promote cultural
diversity would be necessary, in order to consolidate certain cultural rights7, commit Parties to
international co-operation, create a forum for debate on cultural policies and establish a global
monitoring on the state of cultural diversity world-wide. Such an approach should recognise
the need for a balanced understanding of both the opportunities offered and threats posed by
globalisation and the development of ICTs.

In  order  for  an  international  instrument  on  cultural  diversity  to  gather  the  EC  support  and
reflect the European approach, the Commission considers that the instrument should be based
on and fully respect human rights. Beyond the recognition of cultural rights8, notably the right
to participate freely in the cultural life of the community, the Universal Declaration of Human
Rights establishes an approach on  culture  based on  the  concepts  of  human  dignity,  equality
and  freedom.  Such  principles  are  developed  in  the  UNESCO  Universal  Declaration  on
Cultural  Diversity,  forming  both  its  foundations  and  its  boundaries9.  Within  the  EU,  the
Treaty (Article 151) constitutes the legal basis for the promotion of cultural diversity, notably
through the obligation to the Community to take into account culture in its action, including in
international co-operation.

The  concept  of  culture  which  constitutes  the  basis  for  the  Community  action,  notably  at
international  level,  is  understood  in  the  anthropologic  and  social  sense,  embracing  all  of
which concurs to the identity and dignity of people. Such concept enables one to fully grasp
cultural diversity in a dynamic way in its relation to the Other.

In  addition,  the  instrument  should  have  the  following  objectives  and  meet  the  following
conditions:

– 

Promote cultural diversity;

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8

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Cultural  rights  in  this  context  are  to  be  understood  in  the  meaning  of  the  Universal  Declaration  of
Human Rights and the UNESCO Declaration on Cultural Diversity, Article 5:
“Cultural  rights  are  an  integral  part  of  human  rights,  which  are  universal,  indivisible  and
interdependent. The flourishing of creative diversity requires the full implementation of cultural rights
as defined in Article 27 of the Universal Declaration of Human Rights and in Articles 13 and 15 of the
International Covenant on Economic, Social and Cultural Rights. All persons should therefore be able
to  express  themselves  and  to  create  and  disseminate  their  work  in  the  language  of  their  choice,  and
particularly in their mother tongue; all persons should be entitled to quality education and training that
fully respect their cultural identity; and all persons should be able to participate in the cultural life of
their  choice  and  conduct  their  own  cultural  practices,  subject  to  respect  for  human  rights  and
fundamental freedoms”. The term “cultural rights”, as referred to in this Article, must be understood to
be without any prejudice to intellectual property rights and their exploitation.
See Article 22 of the Declaration : “Everyone (…) is entitled to realisation of the economic, social and
cultural rights indispensable for his dignity and the free development of his personality », and Article 27
of the Declaration : “1. Everyone has the right freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the
protection of the moral and material interests resulting from any scientific, literary or artistic production
of which he is the author.”
The  UNESCO  Universal  Declaration  on  cultural  diversity  states  in  Article  4 :  « No  one  may  invoke
cultural  diversity  to  infringe  upon  human  rights  guaranteed  by  international  law,  nor  to  limit  their
scope. »

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– 

– 

– 

– 

– 

– 

Contribute to the dialogue between cultures and to mutual understanding and respect;

Develop  international  cultural  co-operation,  aimed  at  boosting  the  exchanges  of
cultural goods and services, including those in provenance of  developing countries.
In this respect, regular meetings between professionals of Parties should take place in
order to contribute to the definition and elaboration of  instruments and frameworks
of  co-operation  at  international  level  (regional  and/or  bilateral).  The  cultural
dimension  of  co-operation  actions  will  be  promoted,  including  the  need  through
education  to  foster  mutual  knowledge  of  cultural  identities  as  a  condition  for  the
intercultural dialogue;

Favour the development of cultural policies and instruments at national, regional and
international level;

Provide  a  focal  point  and  a  forum  for  Members  to  discuss  and  debate  cultural
policies, increase knowledge in this respect and exchange best practices;

Provide  technical  assistance  and  expertise  to  the  Members,  with  a  view  to  the
development of cultural policies adapted to each specific situation;

Establish an institutional framework to monitor the state of cultural diversity in the
world,  e.g.  an  international  observatory  or  monitoring  mechanism  of  cultural
diversity  and  cultural  exchanges,  and  engage  in  the  elaboration  and  definition  of
indicators and international standards in the field of cultural diversity. Such structure
could for example prepare a yearly “state of cultural diversity” report, on the basis of
each Party’s report.

Furthermore, such instrument would not affect and be without  prejudice to  the  international
legal  framework  applicable  to  exchanges  of  cultural  goods  and  services  –  in  particular  as
regards their trade and intellectual property rights aspects.

In  view  of  the  above,  it  is  important  and  useful  to  develop  an  international  instrument  on
cultural  diversity.  The  preservation  and  promotion  of  cultural  diversity  is  a  fundamental
principle  that  must  be  reflected  in  international  law  and  policy.  All  stakeholders,  including
professional organisations in the cultural field, should be fully involved into the process of the
development of the legally binding instrument.

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5. CONCLUSIONS

In  light  of  the  above,  and  without  pre-empting  any  substantive  discussion,  an  international
discussion  on  cultural  diversity  requires  a  common  response  from  the  EC  and  its  Member
States.

Most recently, Culture Ministers meeting in Thessaloniki stressed the need to safeguard and
promote  cultural  diversity,  and  mentioned  in  this  respect  the  fact  that  an  international
instrument in UNESCO may be the appropriate legal answer at international level.

The  Commission  considers  important  that  the  European  Community  and  its  Member  States
confirms  at  international  level  their  commitment  towards  cultural  diversity  –  the  core  of
which is a shared commitment by all Member States.

It is therefore the Commission’s intention that the EC play an active role in the forthcoming
UNESCO  General  Conference,  notably  with  regards  to  exploratory  discussions  concerning
the  drawing-up  an  international  standard-setting  instrument  on  cultural  diversity.  The
Commission  will  seek  consistency  between  European  internal  and  international  action
regarding cultural diversity, and in doing so will fully reflect the existing EC acquis.

The Commission will co-operate with the Member States and  develop common positions in
order for the EC to be united in its proposal and conduct at the General Conference. To this
end,  some  initial  elements  for  a  declaration  on  behalf  of  the  European  Community  and  its
Member States are proposed in annex, with a view to the presentation, by the Commission, of
a common position on the issue related to the international instrument on cultural diversity, at
the General Conference in UNESCO.

Should  the  General  Conference  result  in  the  launch  of  negotiations  on  an  international
instrument  on  cultural  diversity,  the  Commission  would  propose  in  a  timely  manner  a
recommendation  to  the  Council  for  a  decision  to  authorise  the  Commission  to  negotiate  in
UNESCO on the issue related to an international instrument on cultural diversity, and conduct
these negotiations on behalf of the EC and its Member States.

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INITIAL  ELEMENTS  FOR  A  DECLARATION  ON  BEHALF  OF  THE  EUROPEAN
COMMUNITY AND ITS MEMBER STATES WITH A VIEW TO THE PRESENTATION OF
A  COMMON  POSITION  ON  THE  ISSUE  RELATED  TO  THE  DRAWING-UP  OF  A
STANDARD-SETTING 
INSTRUMENT  ON  CULTURAL  DIVERSITY,  FOR  THE
FORTHCOMING UNESCO GENERAL CONFERENCE

The European Community and its Member States would like to recall their intervention made
at  the  166th  session  of  the  UNESCO  Executive  Board,  on  the  issue  of  the  international
instrument on cultural diversity. At this occasion, the European Community and its Member
States  welcomed  the  work  of  the  organisation  towards  the  elaboration  of  a  Convention  on
cultural  diversity,  and  noted  that  such  work  should  be  based  on  and  be  envisaged  as  the
follow-up  of  the  Declaration  on  cultural  diversity.  Following  the  Executive  Board’
recommendation to “ take a decision to continue action aimed at drawing-up a new standard-
setting instrument on cultural diversity and to determine the nature of that  instrument”,  the
discussion  on  the  international  instrument  on  cultural  diversity  at  the  present  session  of  the
General Conference gives the European Community and its Member States the opportunity to
reaffirm their commitment to cultural diversity at international level.

The  European  Community  and  its  Member  States  would  like  to  express  their  support  for  a
standard-setting instrument on cultural diversity, which would be a new step as a follow-up to
the Universal Declaration on cultural diversity, in a necessary added-value perspective.

Such  instrument,  based  on  human  rights  and  on  a  balanced  understanding  of  both  the
opportunities  offered  and  the  threats  posed  by  globalisation  and  the  development  of  ICTs,
would preserve and promote cultural diversity by inter alia:

– 

– 

– 

– 

consolidating certain cultural rights;

committing Parties to international co-operation;

creating a forum for debate on cultural policies and

establishing a global monitoring on the state of cultural diversity world-wide.

Such  an  instrument  should  have  the  overall  objective  of  promoting  cultural  diversity,
contributing to the dialogue between cultures and fostering mutual understanding and respect.

To this end, the negotiations on the instrument could take into account the following specific
objectives:

– 

– 

To  develop  international  cultural  co-operation,  aimed  at  boosting  the  exchanges  of
cultural goods and services, including those in provenance of  developing countries,
in particular through the development of instruments and frameworks of co-operation
at  international  level  (regional  and/or  bilateral).  The  cultural  dimension  of  co-
operation  actions  will  be  promoted,  including  the  need  through  education  to  foster
mutual knowledge of cultural identities as a condition for the intercultural dialogue;

To  favour  the  development  of  cultural  policies  and  instruments  and  to  strengthen
intercultural  dialogue  at  national,  regional  and  international  level.  To  this  end,  to
provide  technical  assistance  and  expertise  to  the  Members,  for  the  development  of
cultural policies adapted to each specific situation;

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– 

– 

To  provide  a  focal  point  and  a  forum  for  Members  to  discuss  and  debate  cultural
policies, increase knowledge in this respect and exchange best practices;

To  establish  a  framework  to  monitor  the  state  of  cultural  diversity  in  the  world,
which would engage in the elaboration and definition of indicators and international
standards  in  the  field  of  cultural  diversity  and  could  for  example  produce  a  yearly
“state of cultural diversity” report.

Such  instrument  would  not  affect  and  be  without  prejudice  to  the  international  legal
framework applicable to exchanges  of  cultural  goods and services –  in particular as  regards
their trade and intellectual property rights aspects.

The  European  Community  and  its  Member  States  consider  that  the  preservation  and
promotion  of  cultural  diversity  is  a  fundamental  principle  that  must  be  reflected  in
international  law  and  policy.  All  stakeholders,  including  civil  society,  should  be  fully
involved into the process of the development of the legally binding instrument under the aegis
of the UNESCO.

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