Discussions on Cultural Diversity

The issue of cultural diversity is currently under discussion at different levels.

It is debated in the framework of the multilateral negotiations on services within the World Trade Organisation (Doha Round).

In 1994 during the Uruguay Round, governments adopted the General Agreement on Trade in Services (GATS). This agreement established an international system of rules and principles for the progressive liberalization of trade in services and covers all sectors of services including cultural goods and services.

In 1994, the European Union made no liberalization commitments in the audiovisual and cultural services sector in order to safeguard its capacity and that of its Member States to establish freely their own cultural policy. In addition to this, a number of exemptions to the most favored nation clause were deposited.

New negotiations on services took off at the beginning of the year 2000.

Several WTO members like the US, Brazil and Japan have formally set out their expectations and stated clearly their intention to have culture and audiovisual services included in the ongoing trade negotiations. Adhering to its negotiating mandate received from its Member States, the European Union does not offer any commitment on audiovisual services in its initial position. All exemptions to the most favored nation clause listed by the European Union during the Uruguay round to cover cultural policies such as co-production agreements and privileged treatment accorded to audio-visual works originating from the European Union and other European countries are also maintained.

The Ministerial Conference of Cancun of September 2003 planned to take stock of the Doha negotiations, failed. Nevertheless, all WTO members have since then clearly expressed their support for the continuation of the negotiating process.

The experience of the last two decades has demonstrated how difficult it is to negotiate a cultural exemption clause in international trade agreements. The GATS negotiations in 1994 did not result in a true cultural exemption clause but rather in a tolerance towards those countries which desire to exempt the cultural and audiovisual service sector from trade liberalization commitments. This exemption is however very uncertain because with every new negotiations cycle each country will face renewed pressure to renounce the use of such exemption mechanism.

Therefore, during recent years, in both civil society and international fora, we have seen the emergence of an idea in favour of a new international treaty on cultural diversity that would guarantee States and governments the right to define their cultural policies in an unconditional manner.

In this respect, UNESCO adopted in September 2001 a Universal Declaration on Cultural Diversity and has now decided to draft an international Convention on the protection of the diversity of cultural contents and artistic expressions.

At the European level, the European Parliament adopted on 14 January 2004 a resolution on “Preserving and promoting cultural diversity: the role of the European regions and international organisations such as UNESCO, and the Council of Europe”.

The Parliament notably calls upon the Intergovernmental Conference to “consolidate the various references to cultural diversity and pluralism in the Draft Constitution, by adopting the draft provisions as proposed by the Convention, in particular the unanimity rule in the Council (...) when negotiating and concluding agreements in the field of external trade in cultural and audiovisual services”.

The Parliament calls on the Commission to “ensure that the growing trend towards concentration in the media does not lead to an oligopoly that threatens pluralism, cultural diversity and freedom of choice for consumers” and renews its call for a directive on media pluralism and concentration.

Finally, the Parliament calls upon the European Union, its Member States and third countries to ”refrain from actions at international level, such as committing themselves to liberalization under bilateral trade or investment agreements, which could compromise fundamental objectives in areas such as education and culture, or undermine the ability of governments to support cultural and national identities”.

For more information, see also our document “The current WTO negotiations on trade in services”, May 2003 (PDF file) and visit the website of UNESCO