Sustainable systems of governance for culture
La numérisation étant cruciale pour la conservation et la diffusion du savoir, l'intérêt particulier de la politique de numérisation consiste à contribuer à la modernisation de l’Europe, au développement du capital humain et de la créativité en général, au développement de l’excellence dans les domaines de la recherche, au développement de la performance et de la compétitivité en matière de technologies numériques et de technologies de la communication et de l’information, au développement de la « culture numérique » des citoyens européens.
Elaboration et mise en oeuvre d'un plan d'archivage numérique et d'un plan national de numérisation de masse.
Défis identifiés dans la mise en oeuvre de cette politique/mesure :
- Multitude d'institutions concernées (bibiliothèques, archives, musées etc.)
- Complexité des implications et questions connexes (p.ex. droits d'auteurs)
- Besoins importants en ressources humaines et financières
The Institute for Employment and Professional Training organises the biennial “National Handicrafts Prize”, that aims to distinguish Portuguese artisans, by highlighting their technical and professional skills, thus encouraging artisanal production in its traditional and contemporary dimensions, and appealing to quality and innovation as indispensable factors for the development and affirmation of the Portuguese arts and crafts sector. The IEFP also fosters the certification of traditional artisanal products, thus enabling them to be safeguarded and protected, and contributing to the affirmation and valorization of these works in diversified and differentiated markets, together with higher employment in these areas. The IEFP is responsible for implementation of the Artisans Statute and the Artisanal Production Unit, through which it provides official recognition for artisans and issues artisan cards and artisanal production unit cards; up until 23 February 2012, 1,800 artisanal production unit cards were issued, corresponding to 1,980 membership cards. In the framework of this specific legislation, the National Handicraft Register (RNA) has also been drawn up, which is a publicly available database13 that lists the officially recognized artisans and artisanal production unit, and thus constitutes an updated public inventory and instrument that supports promotion and internationalization of Portuguese handicrafts.
After ratification of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in May 2008, the Law on Culture entered into force in Montenegro in August the same year. Adoption of this significant act confirms commitments at the national level which correspond to the principles contained in the Convention. On the other hand, in accordance with Article 1 item h of the Convention, it is confirmed that countries have the right to maintain, adopt and implement policy and measures considered adequate for the protection and promotion of diversity of cultural expressions in their territories. The Law on Culture defines the tasks of public interest in culture, regulation of cultural institutions, the status and rights of artists and experts in culture, the measures for encouragement and support for development of culture, financing of culture and other matters of importance for culture.
On of the aims of adoption of this act is development of culture, as an activity of public interest, based on the following principles: 1) freedom of creation and respect of the right to culture; 2) commitment of the state and local government to encourage and assist development of cultural and artistic creation and protection and preservation of cultural heritage; 3) equal preservation of all cultural identities and respect of cultural differences; 4) development and improvement of the system of culture, in accordance with international standards, and particularly with the European Union standards; 5) establishment of an efficient, rational and creative management in culture; 6) transparent acting in culture; 7) respect and protection of copyright and other similar rights; 8) democratization of cultural policy and decentralization of organization and financing of culture.
Law on Cinematography was passed in August 2008.
Activities of Montenegro with regard to the Convention also refer to implementation of its goals and obligations in adoption of new nromative frameworks in our legal system in the field of cultural heritage. Namely, in accordance with European and interantional standards, as well as positive experience of the South Eastern countries, the Parliament of Montenegro passed 4 significant laws in August 2010:
- Law on the Protection of Cultural Goods;
- Law on Museum Activity;
- Law on Archive Activity and
- Law on Library Activity.
The new laws contain the principles and obligations from the ratified conventions, relevant international directives, recomendations and resolutions, as well as the rules of international expert organizations. Among those, the laws also incorporated obligations from the Convention on on the Protection and Promotion of the Diversity of Cultural Expressions (Article 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13). The principles of protection and promotion of diversity of cultural expressions, as well as obligations of the states to implement those in an adequate manner, were assumed.
During 2011, 23 bylaws were passed with regard to the passed laws. During 2012, development of 13 bylaws in the field of cultural heritage and 11 in the field of cultural and artistic creation has been initiated, on the measues for stimulating creation and on the status of artists and branch associations.
As one of the measures for enhancement and support to development of culture, the Law on Culture defines co-financing of progammes and projects of importance for realization of public interest in culture. This legal measure fosters realization of the set goals which, among other, include balanced territorial development of culture and creation of conditions for realization and development of all areas of cultural and artistic creation, but also to protect and promote diversity of cultural expressions differentiated according to areas of the public call. This form of regular annual support to cultural and artistic creation is in the spirit of measures for protection and promotion of diversity of cultural expressions provided for in the Convention, under Article 6 paragraph 2 items d, e and g.
If we summarize the public call from the perspective of the entire cultural production, as well as the size of the population of Montenegro, it represents a form of public financial support for a large share of cultural projects. An approved project may be co-financed through the public call up to 50% of the amount of total funds necessary for its realization. In case of projects of special importance for Montenegro, they may be co-financed in an amount higher that the stated one.
(Public call 2009) In the context of implementation of the stated support measure, the Ministry of Culture published a public call in 2009 for co-financing of projects in six areas, which were selected as priority ones within the available budgetary funds: fine arts, literature and translation, music and musical and stage activities, magazines for culture and arts, manifestations and festivals, as well as the field of new theatre productions. After the procedure of evaluation and expert selection, the Ministry decided to co-finance in 2009 the total of 185 projects with EUR 496,450, i.e.: 53 projects in fine arts, 83 in literature and translation, 8 magazines, 26 cultural-artistic manifestations and production of 5 new plays.
(Public call 2010) After previous call, as a challenge of the cultural policy in 2010, there was a need to provide special support to certain areas of cultural expressions which are under a threat to become extinct in Montenegro, i.e. the need to stimulate cultural creation as a segment of sustainable development. In accordance with such intention, the spheres of co-financing were expanded with the following segments: amateurism, traditional crafts and skills, creative industries, support to persons with disabilities, as well as film creation, which had earlier been supported through special public calls. In 2010, in 11 public call segments, the total of 302 projects were selected for which the amount of EUR 916,700.00 was earmarked, as follows: for 67 projects in fine arts, 81 in the field of literature and literature translation, 12 magazines, 8 music projects, 11 new films, 32 manifestations and festivals, 5 new theatre productions, 19 projects in amateur creation, 6 in the field of traditional artistic crafts and skills, 2 projects in creative industries and 7 projects with contents intended for persons with disabilities.
(Public call 2011) In 2011 the Ministry of Culture decided, with the aim to support a broader range of creation potential, as well as promotion of the wealth of various cultural expressions in Montenegro, to expand the existing areas of public call with another area – creation of children and youth. One of the intentions in the process of evaluation and selection of projects was to favourise quality compared to the number of selected projects. The number of 203 projects were selected in 11 areas (excluding film), and the amount of EUR 594,168.00 was earmarked from the budget. If we summarize according to the areas, the selection included: 36 projects in fine arts, 61 for literature and translation, 3 magazines in the field of culture, 8 music, 6 theatre, 21 manifestations and festivals, 21 projects in amateur creation, 9 projects in the field of traditional artistic crafts and skills, 2 projects in creative industries, 10 projects with content intended for persons with disabilities and 26 projects in creation of children and youth.
If we compare experience from the stated public call periods, we can see evident growth in the quality and innovation of offer in cultural contents, which is a realistic indicator of successful realization of significant production in such manner. The quality was ensured through continuous support for projects that became recognized in this region with a tendency to exceed regional framework and cooperation with the relevant cultural acters as well as training of personnel for project development, raising the level of awareness and education in order to be able to apply with international funds.
Having in mind the fact that the public call procedure is realized during the period of promotion of tourist potential, culture is in correlation with these factors placed within the context of sustainable development of Montenegro. One of the effects achieved through public calls relates to stimulation of creative potential of marginalized groups.
One of the significant effects of this measure of public financial support is active participation of civil sector, which holds a large share in realization of the public call production. Within that context, we state that, out of the total number of implementers, non-governmental organizations comprised 24% in 2009, 29% in 2010 and 41% in 2011.
The Council of National Cultural Institutions (CNCI), established by the Department of Arts, Heritage and the Gaeltacht, devised a policy framework for Education, Community and Outreach work by the cultural institutions, which was published in 2004. Key actions proposed for ECO work included a strategic plan, developing indicators, a cycle of evaluation, providing skilled staff to work on ECO, and an emphasis on the value of partnership with other organisations (cultural and non-cultural) in carrying out this work. Over recent years, this work has been stepped up and mainstreamed in most of the cultural institutions.
The protection and promotion of the diversity of cultural expressions constitutes the foundation of the cultural policies of the Federal Government, Länder and municipalities and local governments. Germany was among the initiators of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, so that these principles would also take root internationally. Through a constitutionally-enshrined cultural federalism, the Länder are primarily responsible for cultural affairs. Along with the municipalities and local governments, they are responsible for supporting the arts and culture with constitutional authority (cultural sovereignty). The Federal Government has selected areas of competence stipulated by the Grundgesetz (the Basic Law, Germany’s constitution) or which arise from its obligation to represent the state as a whole. In addition, within the framework of its legislative powers, the Federal Government seeks to ensure that all legislation takes the impact on culture and cultural expressions into account (Kulturverträglichkeit). Federal structures developed over time promote and support understanding for the concept of the diversity of cultural expressions and the participation of civil society actors at all levels.
Cultural promotion is acknowledged both as public support as well as an investment in the future. The overarching cultural policy goal is thereby to facilitate access to the arts and culture for all citizens. Underrepresented target groups and international cultural exchange are given special attention. The entire spectrum of cultural expressions, from their creation to their reception, is promoted financially and non-financially. Cultural promotion is funded from the corresponding budgets of the Federal Government, Länder and municipalities and local governments. Additional funding bodies include public and private foundations. Particularly noteworthy are the German Federal Cultural Foundation (Kulturstiftung des Bundes) and the Cultural Foundation of the Länder (Kulturstiftung der Länder). The German Federal Cultural Foundation, based in Halle/Salle, was founded in 2002. It promotes innovative contemporary arts and cultural projects and programmes that also operate on an international level. Based on a competitive application process, it also supports projects from all artistic disciplines. On application, the Foundation also provides financial and administrative support for several cultural promotion funds – the Art Fund Foundation (Stiftung Kunstfonds), the Fund for Performing Arts (Fonds Darstellende Künste), the German Literature Fund (Deutscher Literaturfonds), the German Translators Fund (Deutscher Übersetzerfonds) and the Socio-cultural Fund (Fonds Soziokultur) as well as cultural beacons (Kulturelle Leuchttürme) such as documenta Kassel, the annual Theatre Convention (Theatertreffen), the triennial Dance Congress and the Donaueschinger Festival for Contemporary Music. The Cultural Foundation of the Länder, founded in 1988, helps German museums, libraries and archives to acquire significant works of art and cultural goods. Besides its financial contribution to important acquisitions, the Foundation provides comprehensive expert advice and helps secure experts and funders. Since its founding, the Länder have invested more than EUR 150 million (USD 200 million) in the acquisition of outstanding works representing German cultural heritage through the Foundation. In addition, the Foundation is engaged in cultural policy issues, launching the cultural education initiative “Children to the Olympus” in 2004. This education initiative promotes ideas on cooperation among children, adolescents and culture, encourages new concepts for the collaboration between culture and schools and supports cultural education networks. Applications for project grants and fellowships are evaluated by independent committees and juries with a balanced and diverse composition.
The protection of culture enjoys constitutional status within the Länder. The German Basic Law protects artistic freedom. In addition, there are many laws at Federal and Länder level that protect culture and the free development of the arts (e.g. the monuments and historical buildings acts, the archive acts, the Act on the Return of Cultural Objects, the Act to Prevent the Exodus of German Cultural Property, the Copyright Act, the Act on the German National Library, the Artists’ Social Insurance Act, the Act on Fixed Retail Prices for Books, public broadcasting and media acts at Länder level, acts on the promotion of children and young people with an explicit reference to cultural education). Furthermore, many other laws touch on culture or affect the free development of the arts, such as, for example, tax relief for cultural products and services, charities, donations and foundations. At federal level, a cultural impact assessment (Kulturverträglichkeitsprüfung) is carried out for all draft legislation with a bearing on culture or media policy in order to examine the impact on culture and cultural expressions.
In addition to providing an adequate legal framework for the arts, culture and media, a range of instruments promote the full spectrum of cultural expressions, from artistic creation and dissemination to cultural participation and awareness-raising. In 2007, public expenditure on culture and the arts reached around 8.5 billion (USD 12.5 billion), which represents 1.67% of total public spending. Of this, 44.4% was apportioned by the municipalities and local governments, 43% by the Länder and 12.6% by the Federal Government. Lay culture and customs also receive support through public financing.
The intercultural opening of cultural institutions
In 2011, the Länder, through the Conference of the Ministers of Education and Cultural Affairs (Kultusministerkonferenz), adopted the guidelines on “Intercultural Culture Work”. These recommend that when allocating resources, those responsible for cultural policy at Länder and municipal level, local governments and in cultural institutions should take into account the actual socio-economic status of the areas in which cultural institutions are based, responding to the demographic change and heterogeneity of their communities while also facilitating an exchange with civil society-based networks. Good examples of the intercultural opening of cultural institutions are the cultural promotion policies in North Rhine- Westphalia and Berlin: Traditional cultural establishments in North Rhine-Westphalia are receiving support from 2009 to 2013 for their intercultural focus. Furthermore, Landsponsored productions and exhibitions at well-known institutions were assisted by professionals to obtain a patron-oriented intercultural profile. Additionally, since 2008, the Land-initiated and financed agency “interkultur.pro” has provided impulses for people with immigrant backgrounds to get more involved in cultural life. In Berlin, the cross-cutting goal of fostering the intercultural opening of cultural institutions has also been pursued, for example through the event series “Be Berlin, Be Diverse”.
Planning cultural environments – new developments
In 2009, the German Association of Cities (Deutscher Städtetag) recommended that the municipalities and local governments give special attention to local cultural infrastructure and thereby also take into account the provisions of the UNESCO Convention. Examples of the development of cultural environments include the cultural environment act (Kulturraumgesetz) in Saxony, the draft act on the promotion and development of culture, art and cultural education in North Rhine-Westphalia and the cultural convention (Kulturkonvent) in Saxony-Anhalt, as well as at municipal the local government level, the initiative “Future Concept: Culture” of Peine district in Lower Saxony.