Strengthening the Creative Industries for Development in ... - unctad

22 PART 3. CREATIVE INDUSTRIES POLICY REVIEW
and special skins, with the aim to avoid abuse and unscrupulous commerce and exports of those
protected creative and heritage goods.
Within the cinema and audio-visual sector there are discussions of creating a cinema law. In October
2008 an agreement was established with Brazil, signed during President Lula’s visit to Mozambique,
which foresees some assistance from Brazil on this issue. 57
Action: The completion of the cinema law is highly encouraged. In this regard, UNCTAD can act as
facilitator to promote further cooperation between Mozambique and Brazil concerning the formulation
of the audio-visual law; the Brazilian experience can be a useful model to be adapted for the case of
Mozambique. The fact that both countries have signed the Cooperation Agreement, within the context
of the Community of Portuguese-Speaking Countries, in the area of film and audio-visuals, is an
important element. 58 UNESCO can also play a role in assisting the government in the process of
adopting and implementing the law, also taking into account some successful experiences in other
developing countries such as Colombia and Cuba.
Action: A broadcasting law should be put in place. As regards television and radio broadcasting, an
attempt is apparently being made to draft a law. At present there are no rules to regulate television
programmes. This lack of a regulatory framework results in serious difficulties for local producers of
creative content who have to compete with well-established international players and an invasion of
imported television programmes (films and soap operas). There is very little space allocated for
national content. This is an area in which UNESCO is willing to provide technical assistance.
3.2.1 COMPETITION POLICY
The government developed a general policy on competition in 2007, 59 but the regulatory framework
for its implementation is still under consideration by the Assembly. The Ministry of Industry and
Commerce has started to prepare a Competition Law, which was expected to be completed at the end
of 2008. 60 The law is expected to regulate several areas of relevance for the creative industries, such as
abuse of dominant positions, agreements between companies and concentrations that impede
competition.
Action: Encourage the completion of Competition Law that is being prepared. Encourage the creation
of a Competition Authority and the implementation and regulation of the upcoming Competition Law.
UNCTAD has been providing assistance to governments in this area.
Action: Particular attention should be given to regulatory practices and implementation processes of
existing and upcoming legislation for the creative industries, particularly the audio-visual sector.
Action: Strengthen the legal and regulatory framework for the creation of cooperative and cultural
enterprises, including the registration of such entities, their constitutions and their labour policies.
Action: Institutional restructuring should also be prioritized.
3.2.2 EMPLOYMENT CONDITIONS
In Mozambique as in most countries, developing and developed alike, it is very difficult to assess the
volume of employment generated from the creative industries. National statistical offices are having
great difficulty in quantifying employment in this area and in delimiting it. ILO and UNESCO have
been examining issues related to definitions, delimitation of sectors, classifications of occupations,
57 Discussions with Pedro Pimenta, well-known film producer, November 2008.
58 It is noteworthy that Mozambique hosted the First Exhibition of Films and Audiovisuals from CPLP countries.
This event took place from 18–25 June 2009. Films from the nine lusophone countries were screened (35mm and
DVD), along with debates and workshops, etc. The event was organized under the auspices of the Ministry of
Education and Culture, by AMOCINE and AMOVIDEO.
59 Resolution No 37/2002, November 2007.
60 Discussions with the Chefe do Departamento de Politica Comercial, MIC. Maputo, September 2008.