yakdoli/chandra-27b-ocr-v1 huggingface dataset:
제17283호                          관              보                2010. 6.23. (수요일)
   nationally and internationally to secure recognition of the true value of this link;

 (g) to give recognition to the distinctive nature of cultural activities, goods and services

   as vehicles of identity, values and meaning;

 (h) to reaffirm the sovereign rights of States to maintain, adopt and implement policies

   and measures that they deem appropriate for the protection and promotion of the

   diversity of cultural expressions on their   territory.

 (i) to strengthen international cooperation and solidarity in a spirit of   partnership with

   a view, in particular, to enhancing the capacities of     developing countries in order to

   protect and promote the diversity of cultural expressions.

                              Article 2 – Guiding principles

1. Principle of respect for human rights and fundamental freedoms

 Cultural diversity can be protected and promoted only if human rights and fundamental

 freedoms, such as freedom of expression, information and communication, as well

 as the ability of individuals to choose cultural expressions, are guaranteed. No one

 may invoke the provisions of this Convention in order to infringe human rights and

 fundamental freedoms as enshrined in the Universal Declaration of Human Rights or

 guaranteed by international law, or to limit the scope thereof.

2. Principle of sovereignty

 States have, in accordance with the Charter of the United Nations and the principles of

 international law, the sovereignty right to adopt measures and policies to protect and

 promote the diversity of cultural expressions within their territory.

3. Principle of equal dignity of and respect for all cultures

 The protection and promotion of the diversity of cultural expressions presuppose the

 recognition of equal dignity of and respect for all cultures, including the cultures of

 persons belonging to minorities and indigenous peoples.

4. Principle of international solidarity and cooperation

 International cooperation and solidarity should be aimed at enabling countries,

 especially developing countries, to create and strengthen their means of cultural

 expression, including their cultural industries, whether nascent or established, at the

 local, national and international levels.

5. Principle of the complementarity of economic and cultural aspects of development

 Since culture is one of the mainsprings of development, the cultural aspects of

 development are as important as its economic aspects, which individuals and peoples

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 have the fundamental right to participate in and enjoy.

6. Principle of sustainable development

 Cultural diversity is a rich asset for individuals and societies. The protection, promotion

 and maintenance of cultural diversity are an essential requirement for sustainable

 development for the benefit of present and future generations.

7. Principle of equitable access

 Equitable access to rich and diversified range of cultural expressions from all over

 the world and access of cultures to the means of expressions and dissemination

 constitute important elements for enhancing cultural diversity and encouraging mutual

 understanding.

8. Principles of openness and balance

 When States adopt measures to support the diversity of cultural expressions, they

 should seek to promote, in an appropriate manner, openness to other cultures of the

 world and to ensure that these measures are geared to the objectives pursued under

 the present Convention.

                                   II. Scope of application

                           Article 3 – Scope of application

 This Convention shall apply to the policies and measures adopted by the Parties related

to the protection and promotion of the diversity of cultural expressions.

                                       III. Definitions

                                   Article 4 – Definitions

 For the purposes of this Convention, it is understood that:

1. Cultural diversity

 “Cultural diversity” refers to the manifold ways in which the cultures of groups and

 societies find expression. These expressions are passed on within and among groups

 and societies.

 Cultural diversity is made manifest not only through the varied ways in which the

 cultural heritage of humanity is expressed, augmented and transmitted through the

 variety of cultural expressions, but also through diverse modes of artistic creation,

 production, dissemination, distribution and enjoyment, whatever the means and

 technologies used.

2. Cultural content

 “Cultural content” refers to the symbolic meaning, artistic dimension and cultural values

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  that originate from or express cultural identities.

3. Cultural expressions

  “Cultural expressions” are those expressions that result from the creativity of

  individuals, groups and societies, and that have cultural content.

4. Cultural activities, goods and services

  “Cultural activities, goods and services” refers to those activities, goods and services,

  which at the time they are considered as a specific attribute, use of purpose, embody

  or convey cultural expressions, irrespective of the commercial value they may have.

  Cultural activities may be an end in themselves, or they may contribute to the

  production of cultural goods and services.

5. Cultural industries

  “Cultural industries” refers to industries producing and distributing cultural goods or

  services as defined in paragraph 4 above.

6. Cultural policies and measure

  “Cultural policies and measure” refers to those policies and measures relating to

  culture, whether at the local, national, regional or international level that are either

  focused on culture as such or are designed to have a direct effect on cultural

  expressions of individuals, groups or societies, including on the creation, production,

  dissemination, distribution of and access to cultural activities, goods and services.

7. Protection

  “Protection” means the adoption of measures aimed at the preservation, safeguarding

  and enhancement of the diversity of cultural expressions.

  “Protect” means to adopt such measures.

8. Interculturality

  “Interculturality” refers to the existence and equitable interaction of diverse cultures

  and the possibility of generating shared cultural expressions through dialogue and

  mutual respect.

                          IV. Rights and obligations of Parties

             Article 5 – General rule regarding rights and obligations

1. The Parties, in conformity with the Charter of the United Nations, the principle

  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

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 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 6 – 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:

 (a) regulatory measures aimed at protecting and promoting diversity of cultural

   expressions;

 (b) 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;

 (c) 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;

 (d) measures aimed at providing public financial assistance;

 (e) 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;

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

 (g) measures aimed at nurturing and supporting artists and other involved in the

   creation of cultural expressions;

 (h) measures aimed at enhancing diversity of the media, including through public

   service broadcasting.

              Article 7 – Measures to promote cultural expressions

1. Parties shall endeavour to create in their territory an environment which encourages

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 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 people;

 (b) to have access 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 8 – Measures to protect cultural expressions

1. Without prejudice to the provisions of Article 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 9 – 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 10 – 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

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   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 11 – 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 12 – 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 Article 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 13 –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 14 – 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

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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 culture 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 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 15 – 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

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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 16 – 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 17 – 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 18 – 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

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 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 19 – 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.

                        V. Relationship to other instruments

      Article 20 – Relationship to other treaties: mutual supportiveness,

                      complementarity and non-subordination

1. Parties recognize that they shall perform in good faith their obligations under this

 Convention and all other treaties to which they are parties. Accordingly, without

 subordinating this Convention to any other treaty,

 (a) they shall foster mutual supportiveness between this Convention and the other

   treaties to which they are parties; and

 (b) when interpreting and applying the other treaties to which they are parties or

   when entering into other international obligations, Parties shall take into account the

   relevant provisions of this Convention.

2. Nothing in this Convention shall be interpreted as modifying rights and obligations of

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