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12<br />

<strong>UNESCO</strong> today<br />

2|2005<br />

Roland Bernecker<br />

The Genesis of a Convention under<br />

International Law<br />

"Derrière six il y a plus que sept"<br />

African proverb<br />

When, on the 2nd April 1998 in Stockholm, the delegates of the <strong>UNESCO</strong><br />

World Conference on Culture adopted the Stockholm Action Plan, it<br />

was not clear to all concerned that the central focus of the Conference<br />

had already shifted considerably. Indeed, this third World Conference<br />

on culture, which brought together 2000 participants from 140 countries,<br />

had been entitled 'Cultural Policies for Development', still with<br />

a clear focus on the field of development. It was a belated tribute to<br />

the impact caused by the Report of the World Commission on Environment<br />

and Development, the so-called Brundtland Report, 'Our Common<br />

Future', on its publication in 1987. However, in the meantime,<br />

cultural policy had moved on.<br />

“Our most basic need is to be<br />

left free to define our own<br />

basic needs”<br />

A New Concept<br />

An attentive reading of the 1995 report<br />

published by the World Commission<br />

on Culture and Development –<br />

set up in the same spirit as the<br />

Brundtland Commission – shows that<br />

the focus on development had been<br />

relegated by a new concept: diversity.<br />

The title of the report – 'Our Creative<br />

Diversity' – is a clear reflection<br />

of this shift. It is still well worth reading<br />

attentively today. The participation<br />

of the anthropologist Claude<br />

Lévi-Strauss in the Commission's<br />

work may have<br />

made a significant contribution<br />

in placing the reality<br />

of an unimaginably rich<br />

worldwide diversity of cultural expression<br />

in centre stage, alongside<br />

the problems arising from this reality:<br />

the often lacking political will to permit<br />

and encourage internal cultural<br />

pluralism; the need for worldwide<br />

ethical norms allowing for a right to<br />

reject culturally defined pressures on<br />

people; and, finally, the tension between<br />

the existence of different cultural<br />

value systems and the need for<br />

constructive and trusting dialogue between<br />

the various cultures.<br />

We shall encounter these topics again<br />

later on. None has been forgotten in<br />

the further development of the debate.<br />

The Commission, which under the<br />

leadership of the former UN Secretary-General<br />

Javier Pérez de Cuéllar<br />

carried out a worldwide survey, merits<br />

high praise for the fact that when<br />

faced with contradiction between individual<br />

self-definition and social cohesion,<br />

it was individual freedom<br />

that took clear priority. In a key statement,<br />

the report summarises the elements<br />

with which we continue to<br />

deal today, with a view to the new<br />

<strong>UNESCO</strong> Convention:<br />

"Finally, freedom is central to culture,<br />

and in particular the freedom to decide<br />

what we have reason to value,<br />

and what lives we have reason to<br />

seek. One of the most basic needs<br />

is to be left free to define our own<br />

basic needs. This need is being<br />

threatened by a combination of global<br />

pressures and global neglect."<br />

OECD and WTO Negotiations<br />

Given the often hidden structure of<br />

the international agenda, it is perhaps<br />

no coincidence that the Pérez de<br />

Cuéllar Report appeared in the same<br />

year that the GATS came into force,<br />

an agreement which extended the international<br />

trend of deregulation and<br />

liberalisation to the service sector,<br />

thereby making public investment in<br />

promoting and enlivening the national<br />

cultural landscape a matter for negotiation<br />

at the WTO. It is certainly no

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