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2.IGC Diversity of Cultural Expressions Diversity of Cultural Expressions 2.IGC CE/08/2.IGC/8 Paris, 17 September 2008 Distribution limited Original: French INTERGOVERNMENTAL COMMITTEE FOR THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS Second Ordinary Session Paris, UNESCO Headquarters 8–12 December 2008 Item 8 of the provisional agenda: Reports of the Experts on preferential treatment (Article 16 of the Convention) In accordance with paragraph 5 of Decision 1.IGC 5B, the Annex to this document presents the experts’ reports on Article 16 (“Preferential treatment for developing countries”). Decision required: paragraph 11. CE/08/2.IGC/8 – page 3 1. The Conference of Parties, in Resolution 1.CP 6 adopted at its first session requested the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions (hereinafter referred to as “the Committee”) to draft the operational guidelines referred to in subparagraph (c) of Article 22.4 and subparagraph (b) of Article 23.6 of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (hereinafter referred to as “the Convention”), giving particular attention to, inter alia, the provisions of articles 7, 8 and 11 to 17 of the Convention, and to submit the results of its work to the second ordinary session of the Conference of Parties for consideration and approval. 2. As provided for in paragraph 5 of Decision 1.IGC 5B adopted by the Committee at its first ordinary session in Ottawa, the factual documents prepared by the experts were to be submitted to it for consideration at its second session in December 2008. 3. In accordance with Decision 1.IGC 7 adopted by the Committee at its first ordinary session, the Chairperson presented an interim report at the Committee’s first extraordinary session (24- 27 June 2008) concerning the selection of experts and the terms of reference for the work requested (working document CE/08/1.EXT.IGC/7). 4. Following the withdrawal of Mr Eugene Mthethwa (South Africa) in July 2008, the Secretariat, in consultation with the Chairperson, called again upon the Parties to the Convention, via their Permanent Delegations to UNESCO, to provide names of acknowledged experts in the field of preferential treatment in their respective countries and regions before 1 August 2008. 5. By 1 August 2008, three Parties to the Convention had replied to this call. 6. The Chairperson held a meeting with the Secretariat on 4 August 2008 to select experts on the basis of the proposals put forward by the Parties. The selection was based on the same criteria as those used for the initial selection, namely a background and experience in the fields of both trade and culture, and nationals or residents of countries at different stages of economic development. 7. After consulting the members of the Bureau, the Chairperson recommended the appointment of two experts, Professor Mandla Makhanya (South Africa) and Professor Madhukar Sinha (India), thus taking the number of experts to seven instead of the six specified in Decision 1.IGC.5B. 8. On 1 October 2008, Mr Pierre Sauvé (Canada) notified the Secretariat that he was withdrawing. Given the time available, it was not possible to replace him. 9. It was also agreed at the Committee’s first extraordinary session that a second expert co- coordinator from a developing country, would be chosen among the experts already on the panel and would be invited to the Committee’s second ordinary session to present the reports jointly with the coordinator, Mr Pierre Defraigne (Belgium). Consequently, Ms Vera Helena Thorstensen (Brazil) was appointed by the Chairperson to attend this session as co-coordinator. 10. In accordance with Decision 1.EXT.IGC 7, prior to completion of the reports requested, the Secretariat organized a working session at UNESCO Headquarters on 11 and 12 September 2008 for the experts, the coordinator and the Secretariat. For reasons beyond their control, the experts from Canada and the European Union were unable to attend the meeting. The meeting minutes were sent to all the experts. 11. The Committee may wish to adopt the following decision: CE/08/2.IGC/8 Annex – page 4 DRAFT DECISION 2.IGC 8 The Committee, 1. Having examined document CE/08/2.IGC/8 and its Annex, 2. Recalling Resolution 1.CP 6 of the Conference of Parties and Decision 1.IGC 5B and 1.EXT.IGC 7 of the Committee, 3. Decides that the examination of the draft operational guidelines relating to preferential treatment will be included in the agenda of its next session. CE/08/2.IGC/6 Annex ANNEX EXPERT REPORTS ON PREFERENTIAL TREATMENT FOR DEVELOPING COUNTRIES ARTICLE 16 OF THE CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS CE/08/2.IGC/8 Annex – page 3 Introductory Note This document presents six reports on preferential treatment for developing countries in the light of Article 16 of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions prepared by six qualified experts, with proven expertise in the field of culture and trade, representative of different perspectives related to preferential treatment and coming from countries in different stages of economic development: • Mr Bilel Aboudi, Deputy Director, International Cooperation and Cultural Industries Development, Ministry of Culture and Heritage Safeguard, Tunisia • Mr Edouard Bourcieu, Directorate General Trade, European Commission, European Community • Prof Mandlenkosi Stanley Makhanya, Pro-Vice-Chancellor, University of South Africa, South Africa • Dr Keith Nurse, Director of the Shridath Ramphal Centre for International Trade Law, Policy and Services, University of the West Indies, Barbados • Prof. Madhukar Sinha, Center for WTO Studies, New Delhi, India • Ms Vera Helena Thorstensen, Economic Advisor to the Mission of Brazil in Geneva, WTO negotiations on trade policy issues, Brazil. With a view to ensuring proper co-ordination throughout the process of the reports’ preparation, two project coordinators were designated: Mr Pierre Defraigne, Executive Director of the Madariaga-College of Europe Foundation and former Deputy Director-General for Trade at the European Commission (2002-2005) and Ms Vera Helena Thorstensen, Economic Advisor to the Mission of Brazil in Geneva. They were assisted by Ms Evangelia Psychogiopoulou, assistant coordinator, Research Fellow at the Hellenic Foundation for European and Foreign Policy. In accordance with the terms of reference for the reports (Document CE/08/1.EXT.IGC/7), the experts were to prepare a factual document, comprising: a) a definition of the notion of preferential treatment from the standpoint of the Convention; b) a general examination of the regulatory framework concerning preferential treatment, including the legal and institutional frameworks as well as existing preferential treatment mechanisms at national, bilateral, regional and international levels, concerning the mobility of persons and the circulation of goods and services; c) an exhaustive and factual case study of the country/group of countries under review, exploring existing bilateral, regional and international agreements and application mechanisms that make provision for preferential treatment, and covering different cultural fields; d) conclusions and recommendations regarding the application of preferential treatment to developing countries in the area of culture. Therefore, in order to guarantee consistency and facilitate their examination by the Committee, the expert reports follow a harmonised structure, based on a uniform approach and methodology. The reports are divided into five common sections, each addressing different and complementary aspects of preferential treatment for culture. Section A (Introduction) introduces the analysis, positioning Article 16 of the Convention in the international legal framework and discussing its relevance for the protection and promotion of the diversity of cultural expressions as well as for development cooperation. In Section B (Concept of preferential treatment) the experts present their views on how preferential treatment should be perceived from the standpoint of the Convention and analyse, where necessary, the differences between their understanding of the concept of preferential treatment within the meaning of the Convention and the definitions of preferential treatment used in other fora. In Section C (Legal and institutional framework concerning preferential treatment granted by/to the country/group of countries under study) the experts inquire into the structures put in place for the provision of preferential treatment to developing countries, their origins, the main CE/08/2.IGC/8 Annex – page 4 objectives pursued and the principal actors involved in the process. They also examine the scope and extent of the preferential treatment granted and the form of preferential treatment measures. Analysis covers preferential treatment concerning the circulation of cultural goods and services and the mobility of artists and other cultural professionals and practitioners, taking into account both the commercial and non-commercial sectors. Focus then shifts in Section D (Analysis of existing agreements and preferential treatment mechanisms) to an examination of existing agreements and practices regarding preferential treatment in the field of culture in the form of a case-study. Analysis builds on the selection of specific preferential treatment schemes, whether at the bilateral, regional or international levels, which, depending on availability
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