Fact Sheet
Office of the Spokesman
Washington, DC
October 11, 2005
The Convention on the Protection and Promotion of the Diversity of Cultural Expressions
The United Nations Educational, Scientific, and Cultural Organization (UNESCO) is holding its General Conference in Paris, October 3-21. At the Conference, Member States will consider a draft convention entitled the "Convention on the Protection and Promotion of the Diversity of Cultural Expressions". The United States believes that the draft text of the Convention that has been submitted to the General Conference was hastily drafted and its final consideration has been unnecessarily rushed. The United States is a multicultural society that values diversity. We are urging UNESCO Member States to take more time to address serious concerns raised by the draft Convention. Respect for Free Trade The United States is concerned that Member States could misinterpret the Convention as a basis for impermissible new barriers to trade in goods, services, or agricultural products that might be viewed as being related to "cultural expressions." The possibility that the current draft of the Convention could be misinterpreted in this way is due to:
• vague definitions as to the scope of the Convention;
• potentially sweeping provisions as to measures that parties may take to defend ill-defined cultural objectives; and,
• an ambiguous provision on the relationship between the Convention and other international agreements, including those related to trade.
The Convention should be redrafted so that it cannot be misinterpreted to authorize governments to impose protectionist trade measures in the guise of protecting culture. Respect for Human Rights and the Free Flow of Information The draft is ambiguous and contradictory in its treatment of the flow of cultural information and goods. Some paragraphs emphasize freedom of expression, information, and communication, while other paragraphs imply that there are acceptable governmental controls on such freedoms. For example, Article 8 of the draft authorizes states party to the Convention to take "all appropriate measures" to protect and preserve cultural expressions under serious threat. The U.S. believes that such an action-oriented provision needs to be carefully circumscribed to ensure that it could not be misinterpreted to justify measures that would interfere with human rights and fundamental freedoms. At a minimum, the Convention should be redrafted so that it cannot be misinterpreted to authorize measures limiting freedom of expression or restricting the flow of information. The United States is a culturally diverse country and a vigorous proponent of cultural diversity, which is based on individuals’ freedom to choose how to express themselves and how to interact with others. Governments deciding what citizens can read, hear, or see denies individuals the opportunity to make independent choices about what they value.
2005/938
Released on October 11, 2005
The United States has become increasingly isolated this week in its stance against a new treaty designed to protect and promote cultural diversity in the age of transnational media industries. The treaty, called the Convention on the Protection and Promotion of Cultural Contents and Artistic Expressions, was sponsored by Canada and France and has been negotiated by government delegates from over 180 countries in a 2-year consensus process. It is expected to be approved later this week by the plenary session of the United Nations Educational, Scientific, and Cultural Organization UNESCO. 

The treaty grants individual countries a right "to maintain, adopt, and implement policies and measures they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory". This is designed to protect national cultural policy from 'free trade' agreements like the WTO/GATS, the Free Trade Area of the Americas, or bilateral trade negotiations. For example, the screenquota system in South Korea that requires Korean cinemas to show Korean films about 50% of the time, which supporters argue has nurtured the growth of the Korean movie industry, would likely be eliminated if audiovisual services were brought into the WTO - as the United States Trade Representative has proposed. Other countries, like France and Canada have similar policies in place to support their local artists and film industry.

Promoters of the treaty argued that it will allow countries to promote and maintain cultural diversity. The British ambassador to UNESCO characterized the draft as "clear, carefully balanced, and consistent with principles of international law and fundamental human rights".

The United States government criticized the treaty on the grounds it would encourage trade protectionism and could serve as a justification for repressive governments to control their media systems. Condoleezza Rice wrote letters encouraging governments to oppose the treaty. 

The United States stood largely alone in that position. Last Monday night, the United States was only joined by Israel to vote for some last minute amendments brought in by the U.S., whereas 151 nations voted for the original wording of the treaty. Australia and Kiribati abstained.