Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005

Paris, October 20, 2005 AD

The General Conference of the United Nations Educational, Scientific and Cultural Organization, held in Paris from October 3 to 21, 2005, at its thirty-third session.
Affirming that cultural diversity is a distinctive feature of humanity.
Recognizing that cultural diversity constitutes a shared heritage of humanity, and that it should be promoted and preserved for the benefit of all.
Considering that cultural diversity creates a rich and diverse world in which the range of available choices is expanded and human capacities and values are enhanced, and that it thus forms a fundamental pillar for the sustainable development of communities, peoples, and nations.
Recalling that cultural diversity, which flourishes in the realms of democracy, tolerance, social justice, and mutual respect among peoples and cultures, is indispensable for peace and security at the local, national, and international levels.
Highlighting the importance of cultural diversity for the full realization of human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights and in other internationally recognized instruments.
Emphasizing the necessity of integrating culture as a strategic element in national and international development policies and in international development cooperation efforts, while also taking into account the United Nations Millennium Declaration (2000), which particularly focuses on eradicating poverty.
Considering that culture takes various forms across time and space, and that this diversity is manifested in the uniqueness and multiplicity of identities and forms of cultural expression of the peoples and communities that make up humanity.
Acknowledging the importance of traditional knowledge as a source of material and immaterial wealth, particularly the knowledge systems of indigenous peoples, and its positive contribution to sustainable development, and the necessity of protecting and promoting it appropriately.
Recognizing the need to take measures to protect the diversity of forms of cultural expression, including their contents, especially in situations where forms of cultural expression are threatened with extinction or are at risk of serious harm.
Highlighting the importance of culture in achieving social cohesion in general, and its ability to improve the status of women and enhance their role in society in particular.
Recognizing that cultural diversity is enhanced by the free flow of ideas and is nourished by the ongoing exchanges and interactions between cultures.
Reaffirming that freedom of thought, expression, and media, and the diversity of media, ensure the flourishing of forms of cultural expression within societies.
Acknowledging that the diversity of forms of cultural expression, including traditional forms of cultural expression, is an important factor in empowering individuals and peoples to express their ideas and values and share them with others.
Recalling that linguistic diversity is a fundamental element of cultural diversity, and reaffirming the essential role that education plays in protecting and promoting forms of cultural expression.
Considering the vital importance of cultures for everyone, including individuals belonging to minorities and indigenous peoples, which is manifested in their enjoyment of the freedom to create their own traditional forms of cultural expression, disseminate, distribute, and access them, so that they can benefit from them in achieving their development.
Highlighting the essential role of cultural interaction and creativity, which nourish and renew forms of cultural expression, and enhance the role played by those working in the field of cultural development for the advancement of society as a whole.
Acknowledging the importance of intellectual property rights in supporting participants in cultural creativity.
Convinced that cultural activities, goods, and services, which carry identities, values, and meanings, have a dual nature, economic and cultural, and that they should not be treated solely as commercial value.
Noting that the processes of globalization, facilitated by the rapid development of information and communication technologies, while creating unprecedented conditions for enhancing interaction between cultures, also pose a challenge to cultural diversity, especially considering the potential imbalance it may create between rich and poor countries.
Considering the specific mission entrusted to UNESCO to ensure respect for cultural diversity and to recommend the conclusion of international agreements deemed necessary to facilitate the free flow of ideas by word and image.
Referring to the provisions of international instruments adopted by UNESCO regarding cultural diversity and the exercise of cultural rights, particularly the Universal Declaration on Cultural Diversity of 2001.
This agreement is adopted on this day, October 20, 2005.

First: Objectives and Guiding Principles

Article 1: Objectives

  • The objectives of this Agreement are as follows:

    • A- To protect and promote the diversity of cultural expressions.

    • B- To create conditions that ensure the flourishing of cultures and their free interaction, enriching each other in the process.

    • C- To encourage dialogue between cultures to ensure broader and more balanced cultural exchanges in the world, supporting respect among cultures and promoting a culture of peace.

    • D- To enhance cultural communication with the aim of developing interaction between cultures in a spirit of fostering bridges between peoples.

    • E- To encourage respect for the diversity of cultural expressions and to raise awareness of its value at the local, national, and international levels.

    • F- To reaffirm the importance of the link between culture and development for all countries, especially developing countries, and to support activities undertaken at both national and international levels to ensure recognition of the true value of this link.

    • G- To recognize the distinctive nature of cultural activities, goods, and services as carriers of identities, values, and meanings.

    • H- To reaffirm the sovereign right of states to continue, adopt, and implement the policies and measures they deem appropriate to protect and promote the diversity of cultural expressions within their territories.

    • I- To strengthen international cooperation and solidarity in a spirit of partnership, particularly to enhance the capacities of developing countries to protect and promote the diversity of cultural expressions.

Secondly: Scope of Application

Article 3: Scope of Application

This Agreement applies to the policies and measures adopted by the parties concerning the protection and promotion of the diversity of cultural expressions.

Third: Definitions

For the purposes of this Agreement, the following has been agreed upon:
1- Cultural Diversity
The term "cultural diversity" refers to the multiple forms through which groups and communities express their cultures. These forms of expression are transmitted within and between groups and communities.
Cultural diversity is manifested not only through the variety of ways of expressing and enriching the cultural heritage of humanity and transmitting it through diverse cultural expressions, but also through the diversity of creative patterns of artistic expression, their production, dissemination, distribution, and enjoyment, regardless of the means and technologies used in that.
2- Cultural Content
The term "cultural content" refers to the symbolic meanings, artistic dimensions, and cultural values derived from or expressed by cultural identities.
3- Forms of Cultural Expression
The term "forms of cultural expression" refers to the expressions arising from the creativity of individuals, groups, and communities that carry cultural content.
4- Cultural Activities, Goods, and Services
The term "cultural activities, goods, and services" refers to activities, goods, and services that, when considering their nature, uses, or specific purposes, embody or convey forms of cultural expression, regardless of their commercial value. Cultural activities may be an end in themselves or may contribute to the production of cultural goods and services.
5- Cultural Industries
The term "cultural industries" refers to the industries that produce and distribute cultural goods and services as defined in paragraph 4 above.
6- Cultural Policies and Measures
The term "cultural policies and measures" refers to policies and measures related to culture, at the local, national, regional, or international level, which either focus on culture itself or aim to exert a direct influence on the forms of cultural expression of individuals, groups, or communities, including the creation, production, dissemination, distribution, and enjoyment of cultural activities, goods, and services.
7- Protection
The term "protection" refers to the adoption of measures aimed at preserving, safeguarding, and promoting the diversity of forms of cultural expression. The action "to protect" means adopting such measures.
8- Cultural Communication
The term "cultural communication" refers to the existence of different cultures and their interaction on an equal basis, with the possibility of generating shared forms of cultural expression through dialogue and mutual respect.

Fourth: Rights and Obligations of the Parties

Article 5: The General Rule Regarding Rights and Obligations

1- The parties reaffirm, in accordance with the Charter of the United Nations, the principles of international law, and internationally recognized human rights instruments, 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 objectives of this Agreement.
2- Each party is keen, in implementing policies and taking measures to protect and promote the diversity of cultural expressions on its territory, to ensure that these policies and measures are in accordance with the provisions of this Agreement.

Article 6: Rights of the Parties at the National Level

  • 1- Any party may adopt, within the framework of its cultural policies and measures, as defined in Articles 4 and 6, and taking into account its specific circumstances and needs, measures aimed at protecting and promoting the diversity of cultural expression within its territories.

  • 2- These measures may include the following:

    • A- Regulatory measures aimed at protecting and promoting the diversity of cultural expression.

    • B- Measures that suitably provide national cultural activities, goods, and services with opportunities to find their place among the total cultural activities, goods, and services available in the national territory, concerning their creativity, production, dissemination, distribution, and enjoyment, including measures related to the language used in the aforementioned activities, goods, and services.

    • C- Measures that provide independent national cultural industries and activities in the informal sector with actual access to the means of production of cultural activities, goods, and services, as well as their dissemination and distribution.

    • D- Measures aimed at providing public financial assistance.

    • E- Measures aimed at encouraging non-profit organizations, public and private institutions, artists, and other professionals working in the field of culture, to develop and promote the freedom of exchange and circulation of ideas, forms of cultural expression, and cultural activities, goods, and services, and to stimulate the spirit of creativity and entrepreneurial initiative in their activities.

    • F- Measures aimed at establishing and supporting public institutions in an appropriate manner.

    • G- Measures aimed at encouraging and supporting artists and all participants in the creation of forms of cultural expression.

    • H- Measures aimed at promoting the diversity of media, including through public broadcasting and television bodies.

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