access to their internal markets
The data on cultural services are insufficient to obtain an exhaustive view of the volume of trade. In consequence, accurate evidence-based policies cannot be elaborated. One of the objectives of the implementation of 2030 SDG Agenda is to improve countries’ capacities in this respect and hence lead to improved trade statistics. These would also help monitor Article 16 of the 2005 Convention by improving the coverage of services data. Collecting data at the city level could be useful as well. Although they are not trade statistics, such data can show cultural exchanges at the city level between the global North and the global South.20
Visual arts now occupy a larger share of world trade of cultural goods, while most of the measures adopted by Parties to the Convention focus on the audiovisual sector, particularly cinema. However, this could reflect the fact that in visual arts, preferential treatment measures target the artists themselves, through, for example, visa exemptions, allowing them to attend international markets/festivals to sell their products. Several factors may hinder exporting goods from developing countries; these include import tariffs, which incur additional costs. One suggestion is to add tariff lines applied to imports from developing countries and non-tariff measures to the means of verification to help monitor the situation over the coming years.
In addition, when countries put in place preferential treatment measures and policies such as export measures, capacity development and regional networks, the situation tends to improve.
20. Refer to UNESCO-UNDP, Creative Economy Report 2013: Widening Local Development Pathways.
In addition, funding and technical assistance provided by developed countries and the EU help developing countries strengthen their cultural production and hence be in a better position to eventually benefit from preferential treatment. However, developing countries should move towards finding innovative means of financing that exist in other sectors, such as microfinancing to support domestic markets as well as accessing private sector resources. The key would be to work with the creators and producers of domestic cultural goods and services and create their own distribution circuit – including digital ones – to increase the possibilities for a more balanced flow of cultural goods and services. Several countries are acting to put in place laws and measures to counteract the negative effects of privatization, digitization and globalization. In order to develop their export capacities and visibility in international markets, cultural goods and services from developing countries need to be present on international digital platforms.
A number of simple recommendations may be derived from these overall conclusions:
¡
Cultural stakeholders themselves need to come out of their disciplinary silos and seek to influence other arenas that impact cultural flows, such as e-commerce.¡
Developing countries can increase their export capacities through digital technologies as well as improve their own internet infrastructures.¡
They also can increase their exportcapacity by diversifying their markets, notably by targeting markets in other developing countries, and benefiting from enhanced Aid for Trade.
¡
New statistical measures need tobe developed to accurately measure cultural practices occurring on the internet.
¡
International cooperation among national, regional and international institutions is necessary to improve the coverage of statistics on cultural services.143
Chapter 7 • The Convention in other international forums: a crucial commitment
143
Chapter 7
The Convention in
other international
forums: a crucial
commitment
Véronique Guèvremont
KEY FINDINGS
››› At least eight bilateral and regional free trade agreements concluded between 2015 and 2017 have introduced cultural clauses or list of commitments that promote the objectives and principles of the 2005 Convention.
››› Although the negotiation of megaregional partnership agreements has left little room for the promotion of the objectives and principles of the 2005 Convention, some Parties to the Trans-Pacific Partnership (TTP) have succeeded in introducing important cultural reservations to protect and promote the diversity of cultural expressions.
››› While no new Protocols on Cultural Cooperation have been signed between 2015 and 2017, other free trade agreements have introduced provisions to enhance preferential treatment for the broadcasting and audiovisual sectors.
››› The European Union and other regional organizations have taken decisive steps to incorporate the principles of the 2005 Convention when designing policies and strategies for the cultural and creative industries − especially the audiovisual sector − and addressing the challenges of the new digital environment.
144
2005 Convention Global Report
2018
GOAL 2 • ACHIEVE A BALANCED FLOW OF CULTURAL GOODS AND SERVICES AND INCREASE THE MOBILITY OF ARTISTS AND CULTURAL PROFESSIONALS GOAL 1 •
2017 Convention Global Report
2015
37
GOAL 1 • PARTICIPATORY CULTURAL GOVERNANCE2017 Convention Global Report
2017
37
THERE ARE VARIOUS WAYS TO PROMOTE THE CONVENTION IN INTERNATIONAL AGREEMENTS:
These have helped to grant special status to cultural goods and services
and advance measures on preferential treatment in:
TO RECONCILE CULTURAL POLICIES THAT PROMOTE THE OBJECTIVES OF THE CONVENTION AND TRADE COMMITMENTS
Regional and bilateral
trade agreements Regional and bilateral investment treaties
E-commerce Accountability Transparency Megaregional partnership agreements Reference to the
Convention Exemptions Reservations Lists of commitments
especially in the audiovisual sector,
Key regional actors must continue to
reference the Convention when addressing global issues
Civil society must be involved in trade policy formulation
145
Chapter 7 • The Convention in other international forums: a crucial commitment
INTRODUCTION
The year 2017 marks the 70th anniversary of the General Agreement on Tariffs and Trade (GATT), which was negotiated in the aftermath of the Second World War and incorporated, in 1995, into the World Trade Organisation’s (WTO) multilateral trade system. The primary purpose of this agreement was to increase international trade by eliminating or reducing various tariffs, quotas and subsidies while maintaining meaningful regulations. Yet, concerns among major trading powers over the specific status of certain cultural goods and services already existed. Typically, although the non-discrimination principle was enshrined in the GATT, Parties recognized their right to maintain screen quotas in order to preserve a share of screen time for films of national origin and support the diversity of film offer. In 2005, the right to resort to this type of quota was recognized in Article 6.2(b) of the 2005 Convention (see Chapter 2). Ensuring compliance with