Delia Mucica - General Introduction

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    Introduction to

    Cultural Rights and

    Cultural Legislation

    REGIONAL MASTER STUDIES IN CULTURAL POLICY AND

    MANAGEMENT

    (INTERCULTURALISM AND MEDIATION IN THE BALKANS)

    UNIVERSITY OF ARTS BELGRADE

    Prof. Dr. Delia MucicaNovember2008

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    But what is culture?High culture Low culture ???

    Or

    " culture may now be said to be the whole complex ofdistinctive spiritual, material, intellectual and emotionalfeatures that characterise a society or social group. Itincludes not only arts and letters, but also modes of life,

    the fundamental rights of the human being, valuesystems, traditions and beliefs."(Report of World Conferenceon Cultural Policiesorganised by UNESCO in 1982 at Mexico City).

    culture should be regarded as the set of distinctive

    spiritual, material, intellectual and emotional features ofsociety or a social group, and that it encompasses, inaddition to art and literature, lifestyles, ways of livingtogether, value systems, traditions and beliefs(Preamble tothe UNESCO Universal Declaration on Cultural Diversity, 2001).

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    And cultural expressions?

    cultural expressions are the result of the

    creativity of individuals, groups and societies

    and they convey cultural content with symbolicmeaning, as well as artistic and cultural values

    that originate from or express cultural identities.

    Cultural expressionswhatever the media and

    technologies usedare transmitted by culturalactivities, goods and services which have a two-

    fold (economic and cultural) nature.

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    Cultural policies

    Public policies

    Verticalthe culture sector

    Horizontal (transversal, cross-sector)

    culture-related issues in other sector

    policies

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    4 key themes have been identified in the

    Report of the European Task Force In from

    the Margins:

    promotion of cultural identity;

    endorsement of Europe's multiculturaldiversity;

    stimulation of creativity of all kinds;

    encouragement of participation for all incultural life.

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    5 objectives of cultural policies

    to make cul tural pol icy a key com ponent for

    developm ent strategy;

    to p romote creat iv i ty and part ic ipation in cul tural

    l i fe;

    to reinforc e measu res to preserve cultu ral heri tage

    and promote cul tural indu str ies;

    to promote cul tural and l inguist ic diversi ty in the

    information society;

    to make more human and f inancial resourcesavai lable for cultu ral developm ent.

    integrat ive or cross-sectoral

    Stated in the Action Plan adopted at the 1998 IntergovernmentalConference on Cultural Policies for Development

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    What cou ld be the pr ior i t ies of var ious

    cu l tural po l ic ies?

    According to the RuffoloReport, there is aconvergence towards:

    a devolution of powers over culture-relatedissues from central government to the lowerlevels;

    greater support for cultural demand;

    strong emphasis on training and artisticeducation;

    considerable support for contemporary art;

    the introduction of new forms of public/private

    partnership.

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    Instrumentalization of Culture

    Culturekey element for sustainabledevelopment

    Cultureinstrument for human

    development Culturekey indicator of quality of life

    Culturekey instrument for social

    cohesion Culture - key element of knowledge-based

    society (and economy)

    HOW TRUE IS IT?

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    Four major stages in the transformation of

    the meaning and functions of culture.

    the broadening of the concept of culture as artproduction to include the notion of culturalidentity

    awareness of the vital link between culture anddevelopment as the foundation of internationalcooperation and solidarity

    acknowledgement of the role of culture in thedemocratisation processes

    enhancement of dialogue among cultures andcivilizations in their diversity -common heritage

    of humanity

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    What are the factors shaping the cultural

    policy of a country?

    Exogenous Globalisation (free trade, blurring of frontiers, delocalisation of

    production, convergence, technical innovation)

    International commitments

    Post-industrial societythe information society (knowledge-based society)

    The craving for content of creative industries

    Endogenous Democracy and Rule of Law

    New forms of governance Cultural traditions and beliefs

    Cultural expectations and needs

    Cultural identity

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    Globalization. Two sides of the coin

    Opportunities Developing cultural diversity

    Access to different cultures

    Enrichment of national cultures

    A boost to creativity

    Threats Losing cultural identity

    Cultural pauperisation and MacDonaldisation

    A brake on creativity

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    UNESCO Convent ion on the Protect ion and Promot ion

    of the Diversi ty of Cultural Express ion (2005)

    Purpose - to strengthen the five inseparable links of thesame chain: creation, production,distribution/dissemination, access and enjoyment of culturalexpressions conveyed by cultural activities, goods andservices, by:

    creating conditions for cultures to flourish and to interact freely in amutually

    beneficial manner;

    recognising to the distinctive nature of cultural activities, goods and

    services as vehicles of identity, values and meaning;

    identifying new arrangements for international cooperation, which isthe

    keystone of the Convention;

    reaffirming the sovereign rights of States to maintain, adopt andimplement policies and measures that they deem appropriate for theprotection and promotion of the diversity of cultural expressions ontheir territory, while ensuring the free flow of ideas and works.

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    UNESCO Convent ion on the Protect ion and

    Promot ion of the Divers i ty of Cul tural

    Exp ress ion (2005)

    Aims:

    to recognize the dual economic and cultural nature ofcultural activities, goods and services, which convey and

    transmit cultural expressions and, in so doing, constitutevehicles of identity, values and meaning, irrespective oftheir commercial value.

    to avoid jeopardizing the cultural expressions of varioussocial groups, including those of persons belonging tominorities and indigenous peoples.

    to manage the risks of unbalanced flows of culturalexpressions between developed countries anddeveloping countries.

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    A Balancing Process

    Past and Present

    Protection of heritages

    Promotion of creativity and innovation

    Opening to the wo r ld whi le pro tect ingspeci f ic i ty

    Protection of cultural identity

    Promotion of cultural diversity

    Rigors o f publ ic money spending andprom ot ion o f excellence and innovation

    Accountability and transparency

    Independent decision making fostering creative

    freedom

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    Thus, policy makers should

    Assessthe national cultural environment

    Identify its Strengths Identify its Weaknesses

    Identify its Opportunities

    Identify its Threats

    and

    Design national cultural policies accordingly

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    Moreover, transition countries need

    also to

    Change regulatory frameworkChange structures and institutional

    framework

    Change relationshipsChange mentalities

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    Transition from.

    state institutions to public institutions passivity and obedience to pro-active participation

    pyramidal hierarchical structures to diversifiedmulti-centred structures

    administrative hierarchical control to accountability censorship (be it implicit or explicit) to freedom of

    expression

    state functionaries to civil servants

    providers of cultural services to the status ofcreator

    state funding to public-private partnerships etc.

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    Cultural diversitya dual challenge

    harmonious interaction among people andgroups with plural, varied and dynamic culturalidentities as well as a willingness to live together

    defending creative diversity, i.e., the wide varietyof forms through which cultures reveal theirheritage-related and contemporary expressionsin time and space.

    OR

    Protecting cultural identity while

    Promoting cultural diversity

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    As a continuing, flexible and changing process,culture remodels tangible and intangible culturalheritage while inventing new forms of

    expression, thus revealing its infinite diversity. In a changing international environment, it is

    necessary to respond to the particularchallenges that each era has posed to theconstantly evolving concept of culture.

    Cultural diversity, through its ability to promotedialogue and creativity, is an essential conditionfor peace, democracy and sustainabledevelopment.