Preambular sections of the convention affirm that cultural diversity forms a “common heritage of humanity” to be cherished and preserved for the benefit of all; emphasizes the importance of culture for social cohesion; recognizes that cultural diversity is strengthened by the free flow of ideas, and that it is nurtured by constant exchanges and interaction between cultures; reaffirms that freedom of thought, expression and information, as well as diversity of the media, enable cultural expressions to flourish within societies; recognizes the importance of intellectual property rights in sustaining those involved in cultural creativity; and recalls UNESCO’s mandate to ensure respect for the diversity of cultures.
The convention reaffirms the importance for States parties to take measures, individually and collectively, for the protection and promotion of the diversity of cultural expressions on both the national and international levels.
The Convention sets forth eight 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 sovereign 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 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 a 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. Principle 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.
Parties to the convention may adopt measures aimed at protecting and promoting the diversity of cultural expressions within their territory, including:
- Regulatory measures aimed at protecting and promoting diversity of cultural expressions;
- Measures that provide opportunities for domestic cultural activities, goods and services 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;
- 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;
- Measures aimed at providing public financial assistance;
- 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;
- Measures aimed at establishing and supporting public institutions, as appropriate;
- Measures aimed at nurturing and supporting artists and others involved in the creation of cultural expressions;
- Measures aimed at enhancing diversity of the media, including through public service broadcasting.
Based on Article 8, Parties may take all appropriated measures to protect and preserve cultural expressions on their territory that are at risk of extinction. Parties should report to the Intergovernmental Committee all measures taken to meet the exigencies of the situation. Article 17 requires that Parties cooperate in providing assistance to each other in situations of serious threat to cultural expressions.
Additional provisions set out requirements to strengthen bilateral, regional and international cooperation; to integrate culture in their development policies; and calls upon developed countries to 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. Parties also 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.
An International Fund for Cultural Diversity was established, to be developed through voluntary contributions by the parties. Use of the funds are determined by an intergovernmental committee. The Intergovernmental Committee is composed of representatives of 18 States Parties to the Convention, elected for a term of four years by the Conference of Parties and is charged with monitoring the implementation of the convention.
Pursuant to Article 22, the Conference of Parties is the plenary and supreme body of the Convention. It should meet regularly (every two years), and its functions include:
- Electing the Members of the Intergovernmental Committee;
- Receiving and examining reports of the Parties to the Convention transmitted by the Intergovernmental Committee;
- Approving the operational guidelines prepared upon its request by the Intergovernmental Committee;
- Taking whatever other measures it may consider necessary to further the objectives of the Convention.