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.