Kenya 2016 report

Policies and Measures
CULTURAL POLICIES AND MEASURES
Name of the measure Scope of the measure Nature
The Copyright Act 2001 National legislative
Community cultural festivals. Local institutional
Establishment of a Ministry responsible for culture National institutional
Churchill Commedy Show National institutional
Kenya's constitution National legislative, institutional
National policy on culture and heritage National regulatory
Draft Culture Legislation National legislative
kenya School Music and Drama festivals National institutional
Regulation on airing of 40% local content for broadcasts National regulatory
Kalasha International Film & TV Festival National institutional
INTERNATIONAL CULTURAL COOPERATION
Name of the measure Scope of the measure Nature
East African Community law on promotion of culture and creative industries Regional legislative
Member of the International Federation for Art Councils and Culture Agencies Dialogues on culture policies International institutional
Participation in cultural exchage dialogue meetings with friendly nations International institutional
PREFERENTIAL TREATMENT
Name of the measure Scope of the measure Nature
Smithsonian Folk Life Festival International institutional
Facilitation Mobility of Artists through Cultural protocols International institutional
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
Name of the measure Scope of the measure Nature
Kenya's Constitution National legislative
Integration of culture in other government policies National institutional
Kenya Vision 2030 National regulatory
EMERGING TRANSVERSAL ISSUES: Resolution 5.CP 9b
Name of the measure Scope of the measure Nature
Promotion of Culture and Creative Industries / Creative Economy National regulatory
CURRENT UNESCO GLOBAL PRIORITY: GENDER EQUALITY
Name of the measure Scope of the measure Nature
UWEZO FUND National financial
YOUTH
Name of the measure Scope of the measure Nature
Youth Fund National financial
❭ CULTURAL POLICIES AND MEASURES

Kenya's constitution

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Though Kenya’constitution was passed in 2010, its effect has been felt during the last four years. Adoption of the new constitution has greatly enhanced participation of citizens in cultural life and improved access to the public at large to diverse cultural expressions. The democratic space provided by the constitution has enhanced right and Freedom of expression in relation to artistic expression, right to language and participation to cultural life. This has encouraged emergence of new creative and artistic expressions by the youth while communities have revitalized their cultural expressions through the community cultural festivals. Many communities in Kenya are now keen to celebrate and safeguard  their unique cultures. Communities are now more aware of their social cultural rights and are demanding recognition of their cultures in developement. For example some communities have gone to court seek for redress against infrastructural development activities that violate  community’s cultures.  Communities  and individual citizens have embraced homegrown cultural expressions which have given rise to a new wave of patriotism  through cultural expressions and celebrations. The constitution also devolved cultural facilities and activities to  local county government which  has triggered local county governments  to incorporate culture in their development plans and have allocated funds to support promotion of culture. Many counties are now developing local  county culture policies which are domesticated from national policies but focus on local priorities. There has been renewed focus to tap and develop talents by county governments  over  the last four years.

 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
institutional
c.3. the main feature of the measure: 

The main feature of the  Constitution  is article 11  which recognizes  culture  as    the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. Article 11 which is on culture commits the government to promote all forms national and cultural expressions through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural. The article further commits the state to protect the intellectual property rights of the Kenyan people. Other Articles of the constitution which are relevant to the convention include; Article 7 on national, official and other languages, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture and Article 56 on rights of minority groups in relation to developing their cultural values languages and practices. The constitution further stipulates that international instruments that Kenya has ratified form part of the constitution. Implementation of the constitution thus provides for implementation of the 2005 convention within the national law.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Good governace

- Mainstreaming of culture in national development

- promotion of national cultural exapressions 

-respect to fundamental freedoms and rights 

-protection of minority cultures 

- Enjoyment of culture 

f.1 Name of agency responsible for the implementation of the measure: 
The government of Kenya
f.2 Financial resources allocated to implement the measure: 

Implementation of the constitution is provided for under the national budgetary allocations for national and county governments which have prioritised programmes on implementation of the constitution.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

National policy on culture and heritage

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya in the last two years has been reviewing the national policy on culture and heritage. The purpose of the review has been to align it to the constitution and to the UNESCO Conventions that Kenya has ratified. The review process has engaged civil society, cultural organizations, experts and county governments. Kenya now has a final reviewed draft national culture policy. The reviewed policy outlines measures and strategies for protection and promotion of culture. The reviewed draft policy has also included emerging cultural issues such as promotion of creative industries.Further the reviewed cultural policy document provides guidelines to county governments for consideration in development of local county policies.The revised draft has factored the sustainable development goals. The implementation strategy under the revised policy requires that national and county governments ensuremulti stakeholder engagements in the planning and implementation of cultural development programmes and activities. The strategies for promotion of cultural expressions are in tandem with the principles of the 2005 UNESCO convention.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The main feature of the reviewed policy on culture is proposal to establish institutional frameworks for implementaion for example the establishemnt of a national culture council and and endowment fund for culture. The policy has also prioritized action programmes and allocated disntict yet complementary roles to national government and to county governments.

Regarding the implementation strategy the policy calls for a coordinated mechanism  through engagement of the following;

  1. National government Ministry, Departments, and Agencies responsible for culture and intellectual property rights.
  2. County government departments and agencies responsible for culture
  3. Communities  and cultural  practitioners
  4. Private sector
  5. Civil Society 

The Implementation matrix has identified priority programmes by  both national governemnt  and county governments and has further identified actors that include civil society for engagement in the implementation of the policy.

The reviwed  policy has factored a monitoring and evaluation mecahnism and provided poosibe indicators  to measure  implementaion status and to guide   follow ups. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development

- A coordinated guide on cultural development at national and county levels

-Enhanced collaboration mechanisms between the national and county governments in cultural development matters.

-Enhanced participation of citizens in cultural governance

- Promotion of national cultural expressions

- Increased partnerships and collaborations

- Increased Cultural development  programmes and activities 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for culture , Department of Culture,County Governments
f.2 Financial resources allocated to implement the measure: 

Implementation of the mesaure is through the regular government budgetary allocations to national and county governments. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Draft Culture Legislation

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

In the last  four years Kenya has been developing a culture legislation to provide a legal framework and mechanism for safeguarding and development of culture. The draft culture bill which is now in its final stages, was developed through wide stakeholder consultation. The draft  legislation  has provided clear direction on protection and promotion of culture. Further, the draft legislation seeks to establish a  national culture and arts council as an institution for promotion of cultural expressions. The proposed  Culture and Arts council is expected to enhance the production and creation of cultural goods and services. It is also expected to be in the forefront in advoacting for better working conditions for artistes.  The main functions of the council will be to; promote and  foster appreciation  of Kenyan cultural expressions for  creation of opportunities and enhancement of livelihoods through job creation and generation of incomes.  The council is also expected to promote  the visibility of Kenyan cultures and cultural heritage through recognition of cultural / creative talents. The bill proposes that members of the board of the council to be drawn from national art and culture organization. Inclusion of representatives of  artists in the council will improve cultural governance, raise their voices  and ensure that government initiatives serve needs of the artists. Final drafting of the bill has been done and the bill is now awaiting enactment by parliament.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the draft culture legislation is establishment of the culture council is an institutional framework for promotion of culture. This institutional framework is indeed envisioned in the national culture policy for the promotion and development of culture and arts. Also the proposed Council is an international standard that facilitates participation of cultural actors and civil society in good governance. The Culture Council is crucial in furtherance of democratic governance in promotion of culture by enshrining participation of cultural actors in management for greater accountability, participation and protection of culture as basic human right for individual citizens and communities.   Also the East African Community through the EAC Legislative Assembly recently passed law establishing the East African Culture and Arts Council and member states are expected to domesticate their laws to reflect same.  Further the proposed Culture Council is a policy measure and institutional framework that 2005 UNESCO on protection and promotion of the diversity of cultural expressions at national levels.  It is an important institution that will facilitate participation of civil society and art organizations at international meeting that require national stakeholder institution other than government officials participate in such meetings. Kenya has been missing participation of cultural actors in these international forums due to lack of an established institution framework for cultural actors. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  national cultural development

- enhanced protection and promotion of culture 

-An enabling environment for promotion of culture

-  Improved cultural governace 

- incresaed funding for culture

- intergration of culture in development policies 

- participation of citizens in cultural  programmes

- coordinated efforts and collaborations in culture development programmes 

- increased investment the culture sector  

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture , County Governments
f.2 Financial resources allocated to implement the measure: 

The implementaion of the proposed legislation will be funded by the government under the regular budgetary allocation for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

kenya School Music and Drama festivals

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya  music and drama festival  is  a programme under the ministry of education that nurtures artistic talents in music and drama.  The main objcetive of the festivlals is to promote culture as one of the goals of education as well as promote  extra carriculum activities within the school programmes.  The programme is an annual event fully funded by the government which provides oppotunities for school pupils and college students to create and  showcases drama and music artistic and culturla  creations at a national festival. Entries for participation are drawn from primary to college and university levels.The programme provides a platform for pupils  and students to express their cultural expressions  competitively. The festivals  are organized by the Ministry of Education and is  funded by government. The programme through competition  starts from the loca level to get entry to the to national level. The competitive nature of the festival provides an opportunity for students and pupils to be creative  in their talents and  pieces. The festival  has enabled some of its participants to link up  with  producers  after school and have made careers from their creativitly. Indeed the current education education reforms in Kenya which have been ongoing  for the last two years have reccomended  that reative arts subjects be introduced as  examinable subjects in the curriculum to enable those with talents pursue arts as careers. Though the current  education curriculum recognizes craetive arts as a subject at primary level it is not examinable and the subject is general and hampers progression of pursuing art at higher levels of education.  This move is likely to  encourage study of arts subjects and will improve the  quality and standards of creations showcased at the festival. Further the reforms will support study of the arts at higher education levels  thus increasing the proffessionals in the field as well as provide  skilled manpower for the creative and cultural sector.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The Kenya Music and Drama festivals is organized by a national organizing committee housed within the ministry of education. The Kenya Music and drama festivals involves music and drama performance by talented school and college students from different t zones within the county. These regions are created by the Ministry of Education for easy management of the festival competitions.

 The Regional Drama and music Festivals involves a competition of performances from counties which is referred to as zonal   festival which progresses to regional festival and then to the national festival.  Currently there are 8 regions. The Lake Region covers some parts of western Kenya, largely around Lake Victoria including Kisumu, Siaya, Kisii and Homabay counties. Nzoia Region also includes some areas in the western part of Kenya including Busia, Kakamega, Mumias, Webuye, Bungoma, Trans Nzoia and West Pokot Counties. Mau Region includes Nakuru, Eldoret, Narok, Uasin Gishu, Elgeyo Marakwet, Nandi, Baringo, Laikipia, Turkana, Kericho, and Bomet counties. Metropolitan Region includes Nairobi, Kajiado, Makueni, and Machakos counties. Highlands Region constitutes Meru, Embu, Isiolo, Tharaka-Nithi, Kitui, Isiolo and Marsarbit Counties. Coast Region constitutes Mombasa, Kwale,Kilifi, Tana River, Lamu and Taita Taveta counties. Northern Region constitutes Garissa, Wajir and Mandera counties

The National Drama Festival involves winning performances from all the different regions in the country. This structure allows for as many learners as possible to participate in theatre and music competition.  The festival is indeed the single biggest educational theatre event in Africa

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  Mainsteaming of the arts within the Education System

- nurturing of young talents

- celebration of cultural diversity 

- enhancenemnt of skills related to creative talents

- Awareness creation on the value of arts in society

- Creation of awareness on issues affecting society through arts 

- Enjoyemnt of culture 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry Of Education and National Festival organizing Committee.
f.2 Financial resources allocated to implement the measure: 

The festival is funded by the government through the regular budgetary allocations to the ministry of education but it also attracts huge sponsorship from private cooporate 

organizations 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private media stations and corporate organizations such as;  NTV have been sponsoring the festival and have participated in marketing and recording of the programme as well as providing prizes for the winners. Britam a local insurance has also sponsored the festival.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Regulation on airing of 40% local content for broadcasts

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenyan government in 2014 passed a broadcasting regulation requiring broadcasting stations to ensure 40% local content in TV and radio  broadcasts. The policy direction has expanded the markets for distribution of local film, plays and music. There has been a tremedous increase in the number of locally produced films and music to meet the policy requirement. The policy direction has  created new opportunities for artists and local producers  thus new job and income oppotunities. Further the policy has created new opptunities for  distribution of cultural goods and services. The policy has increased diversity of  cultural expressions that are braodcasted giving citizens wider access to diverse cultural expressions.Citzens can now enjoy local cultural expressions even in local languages thus promoting the diversity of cultural expressions.

 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

 The main feature of the measure is the mandatory regulation passed by the Communications Authority of Kenya (CIA requiring n airing of forty per cent 40% local content by radio and television broadcasters. The regulation further requires that the broadcasts air and observe restrictions on adult content. The stations are required to submit their weekly programming log to the Communications Authority of Kenya (CA) for scrutiny. The new regulations released by CA Director-General require broadcasters to submit recorded events to the authority immediately after airing live functions. The purpose of regulations is to increase the quantity of local content viz a viz the foreign content and make improve access of available Kenyan cultural expressions. That policy direction has expanded the markets for distribution of local film, plays and music, thus, creating new opportunities for artists and producers in Kenya. The move provides for new opportunities for the enhancement of local productions as well as improved channels for distribution of cultural expressions including those in local languages thus promoting the access to diversity of Kenyan cultures. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- improved access of diverse local cultural expressions 

- enjoyemnt of culture by citizens

- increase in quantity of local cultural expressions aired on radio and Television,

- improved incomes for artsits, producers and communities from royalties paid by the broadcsaters 

- improved quality of productoions from competition

- new jobs created for artists and producers 

- enhanced contribution of the sector to the national economy 

- new distribution channels for creative cultural works 

- new innovations in the production of cultural goods and services 

f.1 Name of agency responsible for the implementation of the measure: 
Communication Authority of Kenya
f.2 Financial resources allocated to implement the measure: 

The financial allocations for  implementation of the measure is under the regualar government budgetarty allocation for the Communications Authority of Kenya. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

All Kenyan private Television and Radio broadcast stations are directly engaged in implementation of the measure as the law requires that they ensure compliance. Private Television and radio broadcasts are required to air 40% locally produced productions and creations  and to give compliance reports to the Communications Authority of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Churchill Commedy Show

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The main objective of the churchill commedy show is to tap, nurture and link to the market new artistic talents in the area of commedy. The show is aired on local national televison and quite popular with wide viewership.  Currently the show is aired on NTV twice a week and i s also showcased  to live audiences once a month at a popular private entertainment space/ hotel. The show targets new young commedians and provides an opportunity for  them during auditions and those found with unique and talents in commedy are provided an opportunity to perform during the Live performance show. The best of the performers from the live show  are showcased on the television show.The show during the last four years has nurtured and linked to the market and industry many commedians who now earn livelihoods from   such performaces.The commedy show has created a platform for tapping new comedians and has created a unique  outlet for showcasing new talents in the field of commedy.
 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is that the  measure  targets young people with talents on commedy. The measure targets yougn disadvataged youth out of school who woul in normal circumstances  not get an opportunity to express their talents and get known or link with the market. Commedy is among the most difficult  art  genres for an artist to make it in kenya. The show is an initiative of a private citizen who is also a commedian who made it through difficult circumstances and wished to give back to society by supporting young talents in commedy has had great impact in promotion of the sector. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-promotion of talents

- enjoyment of cultural expressions

- creation of oppotunities for youth to earn from their talents

- increase in local cultural expressions on TV

- creation of networks of artists

f.1 Name of agency responsible for the implementation of the measure: 
churchill live show
f.2 Financial resources allocated to implement the measure: 

Private initiative not funded by government

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Kalasha International Film & TV Festival

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya Film Commission  has been implementing an award progrmme dedicated to promoting culture, stories, creativity and skills within the East African region. The Kalasha International Film & TV Festival & Market brings under one roof 3 main activities: The Kalasha Eastern Africa Film & TV Trade Show, The Kalasha International Film Festival and The Kalasha Film & TV Awards. The progrmme  is a creative hub that brings together players from the Eastern Africa Film & TV industry in one place and at the same time; offering a platform for all the players and the festival goers from the Film & TV industry to gather, discuss, exchange, collaborate, share stories and develop new business opportunities. The main objective of the programme is to showcase Kenya as a major regional hub for film and TV production, post-production and distribution across all platforms and genres while reinforcing the uniqueness of Kenya as a shooting location. It is catalyst in creating a vibrant film & TV industry which contributes in shaping Kenya’s image at the international level, enhance tourism, provide employment and foster local productions and skills. The Commission has carried out an independent film industry gap analysis baseline survey to determine the skills gap within Kenya’s film industry with proposed recommendations on how to enhance production and uptake of local content aired by broadcasters and Cinema theatres. Arising out of these recommendations was the proposal for support of capacity building initiatives for local content producers geared towards enhancing production, post production, marketing and regulatory skills necessary for the attainment of quality and affordable local content. In 2014, the film commission negotiated for a film incentive and stimulus package for the film industry which was granted in 2015. The incentives are in favor of the local film maker and partially make the film industry attractive for foreign film makers.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of  the kalasha film  festival are  the competition entry categories for the awards that diverse creators, producers and media of film productions .The main award categories include the following;

 

Creators and artists  

  • best lead actress in a film

·         best supporting actor in a film

·         best supporting actress in a film

·         best sound designer

·         best original score

·         best editor best lighting technician veve

·         best special effects

·         best original screen play

·         best feature

·         best director of photography

·         best documentary

·         best short film

·         best production designer

·         best director

 

·         television

·         best lead actor/ actress in a tv drama

·         best performance in a tv comedy

·         best host in a tv show

·         best tv documentary

·         best tv comedy

·         best tv drama

 

  • special awards

·         best feature by a student

·         best documentary

·         best diaspora production

·         best animation production

·         best feature- east african category

·         kfcb award for best watershed compliant station kbc

·         lifetime achievement award

·         Local TV Advertisement 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- New Market oppotunities 

- improved distribution channels 

- improved film standards 

- Visibility of local films

- increased networks for creators artsists and producers 

- Skills improvement in film production

- Awareness creation on local films

- increase in local content 

-Enhanced profile of local films 

f.1 Name of agency responsible for the implementation of the measure: 
Kenya Film Commission
f.2 Financial resources allocated to implement the measure: 

The Kenya film commision is a government agency created by government policy to promote film and recieves regular annula governemnt funding through the relevant ministry. Currently the Film commision is under the ministry of sports culture and arts. The commisiion also mobilizes other resources from  its partners and donors to support its activitiess and programmes. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Independent film producers have been partnering with the Kenya film commission to organize the annual Kalasha film awards.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

The Copyright Act 2001

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The government in the last two years has been reviewing the Copyright Act 2001 which provides for protection of artistic related rights. The review of the Copyright Act is aimed at strengthening the protection of rights related to cultural expressions to ensure that creators benefit from their works and talents. The Kenya Copyright Board is mandated with the administration and enforcement of copyright and related rights and is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. It’s Board is comprised of members drawn from both the public and private sectors.  The members from the private sector are nominated by associations representing software, producers of sound recordings, publishers, film distributors, performers, broadcasting stations, musicians and the audio-visual industry. The Board Licenses and supervises activities of Collective Management Organizations (CMO’s) as provided for under the Act. The (CMO’s) are very important in managing and negotiating distribution of creative works. They advocate for fair bargains for use of creative works and are engaged in monitoring use of copyrights. They maintain   an effective databank of creative works and monitor use. The Collection Management Organizations (CMO’s) collect and distribute royalties to musicians, performers and producers. These CMO’s have in the past four years strengthened their collection capacities increasing annual incomes for their members.  Strengthening of the Music Copyright Society of Kenya has enhanced collection and distribution of music royalties to its members.  The CMO’s collects on behalf of registered artists royalties. Through regular payments of royalties the organization has encouraged many young people to enter the industry f

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the measure is the Kenya Copyright Board (KECOBO). The Board is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. Its Board is comprised of members drawn from both the public and private sectors.  The board licenses and supervises activities of the following collection management organizations ;

  • Kopiken is designed to license the following activities; Photocopying or scanning from books journals or magazines, copying or printing articles form websites or digital content, Emailing copies of articles or extracts from publication, and storing copies of articles or extracts on your intranet  and accessing or sharing online press cuttings.
  • Performers Rights Society of Kenya (PRiSK)  a collective management organisation licensed by the Kenya Copyright Board to represent performers in musical and dramatic works. For more details please visit: http://www.prisk.or.ke
  • The Music Copyright Society of Kenya (MCSK) aims at collecting and distributing royalties on behalf of authors, composer and publishers in the music industry. For more details please visit: http://www.mcsk.or.k, MCSK also has an awards scheme  which  awards top performers. It has partnered with a local mobile company to enhance distribution of  music i.e. Safaricom  Skiza tunes agreement which has improved collection of  royalties that arev eventually be distributed on a monthly basis.
  • Kenya Association of Music Producers (KAMP) is mandated to collect for and distribute royalties to producers of sound recordings. For more details please visit: http://www.kamp.or.ke

 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 
  • Enhanced creativity
  • Fair remuneration for creators and artists for the use of their works
  • Improved bargaining power by Collection Management Organizations  
  •  Protection of works from use without permission
  •  Easy and legal access
  •   Users can comply with legislation
  •  Fair and affordable conditions
  •  Negotiations among professionals
  • Enhanced number production and distribution of cultural goods and service
  •  Improved local content  materials  
  • Enhanced awareness on copyright laws 
f.1 Name of agency responsible for the implementation of the measure: 
Kenya Copyright Board
f.2 Financial resources allocated to implement the measure: 

The Kenya copright board recieves its resources from the regualr government annual buadgetary alloaction to fund its  operations and activities

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Implementation of the Copyright Act 2001 require engagement of private registered collection companies. These companies are registered by Kenya copyright board are comprised of national stakeholder companies that collectively administer the rights of their members such as; composers, performers, authors, artists, book publishers.  The registered companies   collect and distribute royalties on behalf of creators. Currently, there are four such bodies:  Music Copyright Society of Kenya, The Reproduction Rights Society of Kenya, Kenya Association of Music Producers and the Performers Rights Society of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Community cultural festivals.

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Many communities in Kenya hold annual community cultural festivals to celebrate their cultures. These festivals have been part and parcel of Kenyan community celebrations over the years. They are deeply enshrined as part of cultural practice and mark rites of passage and cycles of community traditions and practices. They are vehicles through which cultural traditions and practices are transmitted through performances and exhibitions. They promote intercultural understanding and showcase various communities’ rich and diverse cultural expressions. Further they are platforms for nurturing talents and provide avenue to market cultural expressions. These festivals’ are major tourist attractions both at local and international levels. The community cultural festivals are deep rooted and city and urban dwellers have designed unique cultural celebrations in urban settings. For example many hotels in Nairobi host annual community cultural celebrations themed on particular ethnic groups and these attract large audiences. The celebrations in urban settings are not only avenues for cultural expression but economic ventures for major hotels. These celebrations keep  alive cultural connections of city dwellers with their ethnic  cultures

c. What is: 
c.1. the scope of the measure: 
Local
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the local  festival commitee that plans and executes the community cultural festival. The committee is comprised of local cultural leaders representing various cultural expressions valued by the community. The commitee also co-opts other members from the local government representing relevant officials and politicians that seem keen to promote culture. Community  cultural festivals happen annually at specific periods of the year that concide with productive cycles of the life of communities. The fetistivals are major platforms through which kenyan communities celebrate their unique cultures. The festivals include cultural performaces and exhibitions of uniques cultural expressions by various age sets and gender. The festivals are an institution through which cultural expressions are preserved and transmited to the next generation. These festivals are a major attrcation to the local communities to celebrate their cultural diversity and though they attract visitors from other communities and tourists majority have not been commercialized  as ecoenomic ventures. The festivals though have influenced local governments to provide  and improve spaces for cultural expressions and dialogue  as the fetivals are held at public spaces. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development

- A coordinated guide on cultural development at national and county levels

-Enjoyment of Culture

-Protection of cultural expressions 

- cultural  creativity 

- visibility of community cultures

-Enhanced collaboration mechanisms between the national and county governments

-Enhanced participation of citizens in cultural governance

- Promotion of national cultural expressions

- Increased partnerships and collaborations

- investment in Culture

- Awareness on importance of culture in development. 

f.1 Name of agency responsible for the implementation of the measure: 
Community cultural festival committee
f.2 Financial resources allocated to implement the measure: 

Though the government partly funds the feativals the main budget of the festival and resources is done by the festival commitees from varous partners and sponsors 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private hotel owners have been engaged in promotion of cultural festivals especially in the city of Nairobi. These have organized the community festivals from a business angle targeting city dwellers with income to enjoy their local cultural expressions away from home at a fee. The festivals have targeted individual ethnic communities living in the city and unlike the local festivals the festivals organized by hotels and private event companies involve high level marketing and branding strategies. Due to the professional nature of their organization they also attract clients from other communities that are keen to enjoy and sample other community cultures. The festival als also target professional artists and exhibitions. Event management companies are also engaged in organizing and implementing cultural festivals such as safaricom jazz festival and Groove awards that target musicians and these attract huge audiences.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Establishment of a Ministry responsible for culture

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya has in place a ministry responsible for promtion of culture. The Ministry is expected to provide relevant policy framewoork and conducive environment to support enjoyment, creation producationa nd distribution of cultural expressions.The government, in May 2015, created a State Department of Culture and Arts to focus on promotion of culture and arts. The main mandate of the State Department of Culture and Arts include;The Department of Culture in partnership with KNATCOM is currently developing a policy framework for the promotion of Creative and Cultural Industries in Kenya that hopes to give specific policy guidelines for enhancement of creation, production and distribution of cultural goods and services.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the Department of Culture which madated to promote and safeguard national cultures and is required to work with relevant culture stakeholders. The departemnt of culture coordinates all national cultural programmes with stakeholders and is the focal agency for the ministry on implementaion of cultural policies including coordination of the implementaion of unesco cultural conventions. The department of culture has establsihed networks and linkages  with  county governments, cultural organizations , civil society art groups and other relevant government agencies. The Department of Culture coordinates stakeholder participation in policy reforms as well as programmes and also in the monitoring of implementation of programmes. The Deapartment has a data base of cultural organizations and cultural groups opertaing in the country through the national registration.   

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Provision of necessary policies for cultural development

-domestcation of conventions  and implemenation of programmes and policies 

- promotion and protection of national cultures 

- enhanced  networks  and collaborations 

- investment in the culture sector 

f.1 Name of agency responsible for the implementation of the measure: 
Department of Culture
f.2 Financial resources allocated to implement the measure: 

Finances for operation are provided under the regular budgetary allocations for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

East African Community law on promotion of culture and creative industries

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

The main objective of the measure is promotion of culture and arts across the east african community  through a legialative framework that is legally binding to member states. The Kenya government officials  participated in several regional East African Community technical meetings on culture to dialogue on policy matters in the region. These policy dialogues  have resulted to regional cultural draft cultural proocol and Creative and cultural legislation. kenya participated actively in formulation of the east african comunity law on promotion of the creative and cultural industries within the East  Afrcan Community. the proposed law that is at  now at the EAC assembly seeks to establish legal and institutional framework for promotion of culture within the region. The  proposed law  establishes   a regional culture and arts  council that will draw members from within the creative and cultural entreprenuers from the East African Community  region. Member states are expected to domesticate the law into their national laws and kenya has alreday complied through the draft culture legislation that is in its final stage before enactment. The regional law proposes new measures that will encourage networking of artsits, producers , creators and cultural entreprenuers across the region with avew to expand markets for cultural goods and services by adressing barriers related to movement of artsists and their products ad services. The law further aims at encouraging joint capacity programmes such as training, festivals and c creations theough the regional arts council. 

c. What is: 
c.1. the scope of the measure: 
Regional
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the measure is the estblishment of the regional  culture and arts council whose main objective will be to promote the creative and cultural industries across the esat african community region. The council will be very important in terms of provision of a paltform for civil society and cultural actors to particiapte in policy debates affecting the cutural sector and programmes such as the bi annual east african community cultural festival Jamafest. The  council will draw membership from representaives of government and art councils from the region and will work directly with cultural entreprenuers and artists from across the region. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Enhanced cultural development 

- enhanced networking of artists and cultural entreprenuers

- improved cultural governace at the regional level

- Expansion of markets for cultural goods and services

- co creation between artsits from the region

-intergration of culture across the member states development plans 

-Ehanced information sharing 

f.1 Name of agency responsible for the implementation of the measure: 
Member states ministries of culture and national art councils
f.2 Financial resources allocated to implement the measure: 

Implentatation of the measure is expected to draw its resources fro national budgetary allocations and from the East african community budgets. The Proposed council is alos expected to fundraise and mobilize resources from various partners and donors 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

Member of the International Federation for Art Councils and Culture Agencies Dialogues on culture policies

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

Kenya has been an active  member of the International Federation for Art Councils and Culture Agencies (IFACCA) during the last four years. The main objective of kenya's membership to IFACCA was informed by the need to  participate  in the International Arts and Culture policy dialogues as well as to benefit from existsing global cultural resources and to establsih and stregthen networks with art and culture culture organizations. Kenyan government  officials  through the IFACCA  digital platformes have over the last four yeras constantly benefited  from global dialogue between public officials and national councils for culture and arts on policy dialogues. Kenya  has been  receiveing   regular updates on global cultural policies from IFACCA online newsletters and databases. IFACCA has kept kenyan public officials informed on global policy dialogues and best practices from other countries. Through the organization kenya actively participated in the global campaign on the future we want includes culture  during the formulation of the new sustainable developemnt goals. These campaings and information shared by IFACCA empowered  public officialls with capacity to participate in national policy debates on the need to intergrate culture in dvelopment as well as capacity to influence and shape national policies to global policies. The dialogues on the future we want concided with the formulation of the culture legislation in kenya and these provided the officials from  the department  of culture with new impetus to push and justify the proposed law that is now in its final stage for enactment as a law. 

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the membership to IFACCA is participation at the bi annual international culture and arts summit that brings together culture policy makers and leaders  from across the world to discuss culture and policies. The forum  attracts alot of participants  who discuss key culture and art policies aimed at advocacy and stregthening of the capacity ofnational policy makers. Participants at the world art and culture summit are provided with a unique oppotunity to establsih and expand their networks in the fieds of arts and culture. The Mesaure is very unique as members that do not attend the summit are also provided with regular updates of the happenings including information on issues  and topic disscussed at the summit. Through the organization countries alos participate in reserach global research conducted by the organization and results are also shared. The information sharing strategy by IFACCA to its members is one of the most uniques feature of the measure.  

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Enhanced  awareness on importance of arts and culture in developemnt  

- Increased networking and global partneships 

- improved standards of cultural policies

- intergration of culture in development

-capacity building of public officilas on culture policies

-improved cultural leadership 

- transfer of skills 

f.1 Name of agency responsible for the implementation of the measure: 
Department of Culture
f.2 Financial resources allocated to implement the measure: 

The measure is not allocated any specific budget and mebership fees and facilitation of officers to participate in the international policy dialogues is funded under the general line budget allocated to the department of culture for culture promotion. IFFACA also supports officials from developing countries to participate in international forums through their own resources. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

Participation in cultural exchage dialogue meetings with friendly nations

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 
  • kenyan public officials have  been in the last four years been  invited by friendly nations to learn and bench mark on cultural policies and on  creative programmes and institutions.  Among the countries that have engaged Kenyan officials in such dialogues and exchages  are; Scotland through the Creative Scotland that invited the department of culture officials together with adminstrators of the Go down Arts Centre to Visit creative Scotland. The Go Down Arts Centre after the vist have continued to engage creative scotland through artists residency and capacity building programmes for artists.   The  Goethe Institute has in the last four years supported varous kenyan artists and entreprenuers to aceess  oppotunities to perform and engage with   German artists. The  United Kingdom through British council has supported several arttists progrmmes and have provided direct support to some kenyan artists to travel outside the country for various culural exchges. The French Cultural centre over the last four years has provided spaces for performance and exhibition to kenyan artsits and has provided  oppotunities for exchage between kenyan and French artits. French Cultural Centre has also provided space for cultural policy dialogues between public officilas,  artsits  and creators. The Swedish Embassy has also in the last four years provided direct support for kenyan artsits and creative entreprenuers and in 2016 they launched the Sweden@Kenya programme that aims at enhancing parneships between creative entreprenuers from kenya and sweden. The  Italian Cultural institute has in the last four years supported kenyan artists and enterpreneurs and have facilitated several exchages aimed at capacity building of the sector. The  Venezuelan embassy during the last four years have partnered and supported kenyan theatre artisis and have faciliated a cultural exchages between artsits from the two countries.The Chinese Embassy has implemented several cultural exchages and have faicilated artists and public officials to  travel to China for capacity building.
c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure has been the implentation of  cultural exchage programmes that target individual artists, cultural groups , entreprenuers  and pubilc officilas. The cultural exchage oppotunities have been provided through the foreign missions working in kenya with the objective of  building capacity for cultural entreprenuers, enhancement of market acess for kenyan cultural goods and services , participation at international cultural festivals and transfer of skills for the cultural and craetive sectors. Several kenyan artists have benefited from direct support in regard to travel costs accomodation and faciliation on  visas aplications. Public officilas have also benefited from direct sposorships to attend and participate in trainings and capacity building on best parctices. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- improvement in the quality of local cultural goods and services

- enhanced networking between artists 

-Transfer of skills 

-identification of new markets for kenyan cultural goods and services

-Freindships established and ne understanding between nations

- enhanced cultural diplomacy

-new parnerships

- co creations  

f.1 Name of agency responsible for the implementation of the measure: 
Foreign Missions in Kenya
f.2 Financial resources allocated to implement the measure: 

Most of the cultural exchages and programmes  are funded directly by the foreign missions and their partners and donor agencies from their individual countries.  

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ PREFERENTIAL TREATMENT

Smithsonian Folk Life Festival

Context of the measure: 
PREFERENTIAL TREATMENT
b. Key objectives of the measure: 

The key objective of  Kenya's  participation at the smithsonian folklife festival in 2013   was to promote international market access for kenyan cultural goods and services as well as provide easier mobilty of artists in cultural exchanges. The opportunity for kenya to participate was by the organizers of the smithsonian folklife festival in 2014. The invitation was to the ministry of culture to participate at the 48th  international smithsonian festival for the first time in history. The Fetival provided kenya with an international stand to showcase its unique cultursl expressions, market and disseminate information on the unique cultural expressions exhibited. The festival which attracts millions of visitors provided kenyan artists and entreprenuers an oppotunity to showcase their products and services to an international audience. Kenya was provided for an exhibition stand for showcasing various cultural products and services and a performace and demostration space. The kenyan stand attracted many visitors who purchaesd various cultural goods , enjoyed live performaces and tasted kenyan cuisine.Visitors to the kenyan stand were also educated about the unique cultural expressions showcased at the festival. 

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The Smithsonian Folklife Festival  main feature is that its an international exposition of living cultural heritage annually produced outdoors on the National Mall of the United States in Washington, D.C., by the Smithsonian Center for Folklife and Cultural Heritage.The Festival which  takes place for two weeks every summer overlapping the Fourth of July holiday  is   an educational presentation that features cultural exemplars. It is an international cultural exchange programme that showcases unique cultural expressions. It attracts millions of visitors. . The Kenya government facilitated several cultural groups and artists to participate in the Festival. Among the groups that participated were   unique sculptors, weavers, chefs poets, musicians, dancers, designers, performing artists  and visual artists crafts among others.  Kenya Participants were   provided for exhibition spaces  by the festival organizers to showcase and  demonstrate their uniques skills in creation of cultural expressions. The festival further provided unique  marketing and cultural dialogue forum.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Creation of new markets for kenyan cultural goods and services

-Creation of new  networks between  kenyan artists and international artists 

-Enhancement of Cultural understanding between nations

-Economic Gains from sales made

- Skill transfer

-Vsibility of kenyan cultural expressions internationally

- Enjoyment of diverse cultural expressions 

 

 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry of Sports Culture and the Arts
f.2 Financial resources allocated to implement the measure: 

The governemnt of kenya in 2013 provide one  hundred million kenya shillings an equivalent of about one million dollars to facilitate the kenyan artists and cultural experts and  goverment official to particiapate in the smithsonian folklife festival.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ PREFERENTIAL TREATMENT

Facilitation Mobility of Artists through Cultural protocols

Context of the measure: 
PREFERENTIAL TREATMENT
b. Key objectives of the measure: 

Kenya has negotiated and signed several Cultural bilateral cultural agreements aimed at fostering cultural cooperation and promoting cultural  and creative industries . The Cultural protocols negotiated and signed have enhanced the mobility of artsits beteen nations including entry and movement of equipment used in production and performaces. The protocols have further resulted to new tax measures on entry of film and music production equipment. These cultural protocols have encouraged implementation of several cultural exchanges between the Kenya Government with  foreign freiadly nations. Through cultural   protocols signed the country witnessed vibrant cultural excahges between cultural enaterprenuers artits and public officilas  who have participated in several official exchange cultural  programmes. The Protocols have created an enabling environment for international exchage and numerous kenyan artsits and creators have been invited to participate in international cultural fetivals, fairs exhibitions and competitions related to the cultural and creative sectors.  The Kenya Government through the Ministry of Sports, Culture and Arts has been facilitating foreign artists travelling to Kenya on cultural exchange programmes to  access visas, special passes and tax waivers on equipment. Further, the Ministry has provided Kenyan artists with recommendations and in processing of travel documents to enable them benefit from opportunities offered by developed countries. The Ministry has also facilitated some of the artists with air tickets to participate in international cultural festivals and exhibitions.Kenya has benefited from several cultural exchanges from several countries aimed at  fostering  cultural cooperation and promoting cultural  and creative industries. The ministry of Culture also works with varous foreign Cultural Institutes such as; French Cultural Centre, British Council, Italian Cultural Centre, Goethe Institute, Chinese Culture Institute and Swedish Embassies to foster international exchanges.

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the cultural protocols and exchages has been the oppotunity provided to kenyan artsits, cultural  entrepreneurs and pubilc officials to travel to foreign countries to participate at international cultural programmes such as ;  festivals, exhibitions, conferences and trainings. The exchages and protocols  have provided  easiers aceess to international markets for cultural goods and services and have  contributed to building of capacities for the sector. Implementation of the measure has assured timely access of travel documents and passes , facilitation in movement of cultural goods and services which ahs increased mobilty of artsits from kenya to other countries and mobility of foregn artists to kenya. The Kenya Government through  the Ministry of Sports, Culture and Arts has been facilitating and making recommendations to facilitate foreign artists travelling to Kenya on cultural exchange programmes to access visas, special passes and on tax waivers on equipment. Further, the Ministry has provided Kenyan artists with recommendations to access oppotunities offered by developed nations and also has been faciliating timely  processing of travel documents to enable them benefit from opportunities offered . The Ministry has also facilitated some of the artists with air tickets to participate in international cultural festivals and exhibitions.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Improved market access

-Transfer of skills and technology 

 - Establishemnt of new networks and oppotunities 

-Better quality of cultural goods and services

- Mutual understanding and dialogue of cultures

- Generation of incomes and jobs 

 

 

 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry of Sports, Culture and Arts
f.2 Financial resources allocated to implement the measure: 

Measure is not allocated any direct budget but cultural programmes draw from the general line cultural promotion budgetary allocation by the government. However implementaion of some of the cultural programmes is wholy funded by the developed nation that has provided the oppotunity.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Kenya Vision 2030

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The main objective of Kenya's Vision 2030 is to guide and prioritize government plans and actions on national development.  Kenya's Vision 2030 recognizes the need to celebrate diversity, and the need to build a strong and cohesive national character. Under the Social Pillar whose focus is towards prosperity,  the focus involves the building of a just and cohesive society in eight key social sectors, namely: education and training; health; water and sanitation; environment; housing and urbanization; as well as gender, youth and vulnerable groups. It also makes special provisions for Kenyans with various disabilities and previously marginalized communities. Vision 2030 further recognizes the importance of innovation in creation of new opportunities for the youth and women under which the cultural and creative industries have immense opportunity to contribute. Among Vision 2030 main flagship projects is development of an international arts and cultural centre for promotion of youth talents and for dialogue of cultures.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The main feature of Kenya's vision 2030 is the focus on development of youth with skills to promote entreprenership. The vision also has identified and prioritized developing of a national arts and culture sector as a major project  for implementation for development of youth talents. The project is listed for  public and private partnerships. This project by the government  is of great significance to the development  of the cultural and  creative sector in kenya. The project once complete is expected to provide a national platform for dialogue of cultural expressions and to provide public spaces to support enjoyment of culture, spaces for creation , production and distribution of cultural goods and services. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Provision of national public space for cultural expressions

- Enjoyment of national cultural expressions 

-Public creation , production and exhbition space

- Awareness on diverse  kenyan community  cultures 

-National cultural dialgoues

- Networking and partneships 

- ncrease in cultural exchage programmes 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture -State Department of Culture and Arts
f.2 Financial resources allocated to implement the measure: 

The project has recieved seed capital from the through the national annual budgetary allocation and the government is currently in the process of finalizing allocation of land at the kenya cultural centre where the cultural centre will be built.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Kenya's Constitution

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The objective of the constitution is good governace, protection of fundamental human  rights,  to provide  legal priorities  and  good mechanisms to guide national programme implementation.  On national  cultural promotion .Kenya's constitution in article 11 of the constitution recognizes culture as the foundation of the nation and cumlative civilization of the kenyan people. The article commits the government to promote all forms of national culral expressions and to protect the interllectual propery rights of the kenyan people. The constitution has aslo mainstreamed across various articles such as;  Article 7 on national, official and other languages, Article 32(1) on Freedom of conscience, religion, belief and opinion, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture,  Article 56 rights of minority groups in relation to developing their cultural values languages and practices among other culture related aspects of the constitution the Various articles in the constitution, article 10 calls for sustainable development while article 27 commits government to ensure social inclusion and promote social cultural rights in development. Further, the constitution has also devolved culture and cultural activities and facilities to county governments which now have integrated culture in their county development    plans. The constitution provisions have in the last four years provided a conducive political and social environment for enjoyemnt of culture and for promotion of the diversity of cultural expressions. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

Main feature of the kneya's constitution in relation to culture promotion and protection is article eleven which is on promotion and protection of kenya's  national cultural expressions and heritage. The article provides a constitutional mandate for the government to formulate and implement national mechanisms for national cultural development.The bill of rights enshrined in the constitution provides for the protection of fundametal rights and freedoms including right to particapate and enjoy ones cultural rights. The constitution also provides for protection of the rights of minority groups in relation to developing their cultural values languages and practices. The fourth schedule of the constitution  devolves county activities and facilities to county governments thus commiting  local governments to provide for develpement of culture through alloaction of budgets, planning and  implementaion of cultural programmes at the local levels. The fifthcschedule  of the constitution further commits parliament  to develop enact a national culture legislation to ensure communities recieve compensation and royalties for use of their cultures and heritage.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Enjoyment of diverse cultures 

- Repect of culture as a fundamental human right

- Protection of intellectual property rights 

- Good governace

-Promotion and protection  of culture by the state

- Enhanced creativity 

- Protection of minority cultural expressions 

-Interntional  partneships 

-  Cultural promotion and protection measures 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture , County Governments
f.2 Financial resources allocated to implement the measure: 

The government of Kenya provides annual national budgetary allocation to the ministry responsible for culture and to county governments to support cultural development. The government  also provides annual budgetary allocations to all state institutions that perform specific  cultural functions  for example ministry of education budget alloaction to support  school music and drama festivals. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Integration of culture in other government policies

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The main objective  of the measure is to mainstream culture in other government policies. In kenya during the last four years there has been efforts to intergrate culture in other government policies in recognition that culture cuts across other sectors. For exaple  culture is one of the main goals of education policy, Foreign policy also recognizes culture as a major pillar of foreign diplomacy, Environmental Management Policy recognizes the role of culture in sustainable enviroment managment , Agricultural Policy has integrated culture as important; Peace and Security Policy recognizes the role of culture in building peace and resolving conflict at community levels  while the new Information Communication and technology policy has also recognized the role of culture in development. The policy reforms to recognize  culture in other government policies has been anchored on the need to have sustainable solutions to challeges and to factor issues of inclusion of all in developement agenda.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the policy measure is reference to the role of culture in implementation and achievement of other government functions for example foreign affairs ministry is the  foreign policy have recognized the unique role that culture can play through implentation of  culltural exchage programmes that offer immense oppotunities for soft diplomancy. Through cultural promotion between nations many discussions on key issues of mutual concern  can easily take place unlike the formal conferences and officail negotiations taht take long and are expensive to execute. The Ministry of Education , Science and Technology has also recognized the role of culture in achieving education for all and have designed uniique programmes to keep children in school in areas where culture does not provide for regular timlenes due to community economic activities. Also the mistry of education has policy that allows pupils in their early school years to learn using their local laguages and further education empahisizes extra cariculum eactivities such as sports and culture and creative arts fetivals. The ministry of environment  has recognized in their management policies the need to engage communities and indigineous technologies in finding  sustainable solutions to challeges. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Sustainable solution to challeges 

- inclusive development 

- intergration of culture in development 

- Increase in resources for promotion of culture

-Networking 

-Social inclusion

-New job oppotunities 

f.1 Name of agency responsible for the implementation of the measure: 
Government of Kenya Ministries
f.2 Financial resources allocated to implement the measure: 

Programmes are funded through the annual budgetlines allocated to individual ministries and Agencies responsible for specific mandates.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ EMERGING TRANSVERSAL ISSUES: Resolution 5.CP 9b

Promotion of Culture and Creative Industries / Creative Economy

Context of the measure: 
EMERGING TRANSVERSAL ISSUES: Resolution 5.CP 9b
b. Key objectives of the measure: 

 

The main objective of the measure is to assess and  bring all relevant government agencies to work together to promote and protect the diversity of cultural expressions in a digital environment. Further the meaure aims to to link culture and creative industries through policies, institutions  and regulations that promote cultural exprresions as well as protect copyrights. The  growth of Information Communication Technology (ICT) in Kenya just like the rest of the world there is emergence of new concept of new media which  has affected the way cultural goods are produced and disseminated and also interaction of the diversity of cultural expressions.  Though Information Communication Technology  presents many opportunities for development of culture it  has also posed  great threat to minority cultures of the world due to competition  and dominance of western nations cultural expression on new media. For example in Kenya after digital migration of media broadcast some locally owned broadcasts could not survive and had to close down. At the moment there are no explicit laws to address the new challenges .It is also noted that new media in creative industries is a wide domain which cannot be addressed by individual ministries and require coordinated government mechanism that cuts across ministries To counter the challenges of new media in protection and promotion of the diversity of cultural expressions the kenya government has introduced a policy that requires all  broadcast  media to air sixty  percent local content. To achieve results of the objective of the measure it requires multisectoral approach by government at which all relevant ministries and agencies dealing with media, culture , copyright , education and information work together. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The Main feature of the policy debates is the creative economy. The creative economy policy debates and measures  have been focuseed on how to bridge culture with technoloy to add to the value chain of cultural expressions. The issue is focuseed on commercialization of cultural expressions to become trading items and services with higher revenues that the traditional cultural expressions. The debate as to whether the creative economy concept refers to culture linking with technology has been disputed by some of the stakeholders who feel that the creative economy is broader that the cultural creativity . Linking Culture with technology has brought about new ways of thinking in regard to protection of copyright. It has been observed  that protection of copyright on a digital environment is a complex issues and monitoring use of community 's cultural expressions digitally  to ensure compensation will require efforts of more that one government agency.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Among the results expected from implementation of the measure include ; Enhancement and enjoyment of local cultural expressions,  Improvement of  cultural exchange through audiovisual aids, Improvement of access to national diverse cultural expressions, New opportunities for market access for cultural goods and services, Digital distribution of cultural expressions , increase of local cultural  content on media , balanced airing of local  and foreign cultural expressions , enhancement of  intellectual property rights on new media , strengthening of  copyright protection laws and enforcement on the digital space and enhanced creativity

f.1 Name of agency responsible for the implementation of the measure: 
State Department of Culture and Arts
f.2 Financial resources allocated to implement the measure: 

The Creative economy debates and policy frameworks and  initiative have in the last two years recieved   government support  which allocated an initial budget of kenya shilling fifty million equivalent of five hunderd thousand  dollars to support policy.  Non governmental organizations especially civil society in the last two yeras have attracted sponsorship by various partners to implement policy discussion forums.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CURRENT UNESCO GLOBAL PRIORITY: GENDER EQUALITY

UWEZO FUND

Context of the measure: 
CURRENT UNESCO GLOBAL PRIORITY: GENDER EQUALITY
b. Key objectives of the measure: 

Objectives of the  uwezo fund are:

  1. To expand access to finance through grants and credit to promote youth and women businesses and enterprises at the local ( constituency level,) thereby enhancing economic growth towards the realization of the goals of Vision 2030;
  2. To generate gainful self-employment for Kenyan youth and women;
  3. To model an alternative framework in funding community driven development
  4. To provide accessible credit to women and youth 
c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
financial
c.3. the main feature of the measure: 

The Uwezo Fund which provides youth and women access to grants and interest-free loans, as well as mentorship opportunities. The  Fund seeks to expand access to finances and promote women, youth and persons living with disability led enterprises at the constituency level. It also provides mentorship opportunities to enable the beneficiaries take advantage of the 30% government procurement preference through its Capacity Building Programme. Uwezo Fund, therefore, is an avenue for incubating enterprises, catalyzing innovation, promoting industry, creating employment, and growing the economy . The main feature is that Uwezo funds are disseminated through micro  local financial  institutions located at the local level for accesibilty. 

The principles of Uwezo Fund are:

  1. Representation:  to ensure the inclusion of all Kenyans including women, youth, persons with disabilities, elected parliamentary representatives and respective government officials.
  2. Accountability: to ensure government is held responsible to the citizenry for its decisions and actions.
  3. Accessibility: guaranteeing accessibility at the lowest level of engagement and for the largest category of recipients using a simple, structured and least cost approach.
  4. Economy: use of the best but least cost mechanism to achieve the desired objective.

 

Eligibility Criteria for  qualification for Fund loan

(a) For a group

  1.  Is registered with the department of social services, Cooperatives or the Registrar of Societies
  2.  Has members aged between 18 and 35 years whereas thewomen’s groups shall be made up of women agedeighteen years and above
  3.  Is based and operational at the constituency it seeks tomake an application for consideration
  4.  Operates a table banking structure or any other group fundstructure where members make monthly contributionsaccording to the groups’ internal guidelines (evidence of monthly contributions shall be a requirement);
  5. Hold a bank account in the name of the group.

For an institution

  1.  Is a registered entity
  2.  Has listed youth and women groups within it
d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Among the results expected from implementation of the Uwezo fund are;

- Accessible Loans for women and youth

- Social Inclussion of the women and disabled in economic activities.

-improved livelihoods from effects of participation of women in development  activities.

- enhnaced entreprenueral capacity and skills 

- Sustainable businesess 

- Value addition on cultural products and services businesses 

f.1 Name of agency responsible for the implementation of the measure: 
UWEZO OVERSIGHT BOARD
f.2 Financial resources allocated to implement the measure: 

The government of Kenya allocates funds from it national budget. The  government allocates about kenya shillings 5 Billion annually an equivalent of about 50  million dollars that is allocated equitably to all grassroot levels (constituencies)  and is disbursed through identified strategic financial insitutions.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ YOUTH

Youth Fund

Context of the measure: 
YOUTH
b. Key objectives of the measure: 

The  strategic focus of the youth fund  is on enterprise development as a key strategy that will increase economic opportunities for, and participation by Kenyan Youth in nation building.The Youth Fund provides easy and cheap loans to young entrepreneurs including those engaged in production of cultural goods and services The Fund seeks to create employment opportunities for young people through entrepreneurship and encouraging them to be job creators and not job seekers. It does this by providing easy and affordable financial and business development support services to youth who are keen on starting or expanding businesses.The Kenya  government conceived the idea of institutional financing as a way of addressing unemployment which essentially is a youth problem. The concept is based on the premise that micro, small, and medium enterprise development initiatives are likely to have the biggest impact on job creation. Young people who constitute the largest segment of the society, is the future of any economy and a key driver of employment growth and economic activities.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
financial
c.3. the main feature of the measure: 

The main feature of the Youth Fund is the fact that it targets youth between the ages of 18 to 35 yeras of age. The fund has unique loan packages designed to attract youth engaged in different businesess. For example the Vuka loan package is advanced to youth who have existing formal businesses and are able to provide security. The objective of Vuka loan is to provide friendly large scale financing to youth businesses that are seeking to upscale their operations. Applicants may be individuals, partnerships or limited companies. Vuka loan finances business expansions only, not start-ups. The applicant may use the loan for working capital or to purchase income generating assets.

Youth can borrow from  a minimum of Kshs.100, 000/=   to a maximum of Kshs. 2,000,000/=.  Vuka loan attracts an interest of 8% flat per annum. A loan application fee of 1% of the loan amount will be charged upon approval of the loan. This is  netted off the loan amount at disbursement to take care of the pre-disbursement processes, including training.

However youth in the cultural and creative enterprises have expressed difficulties in accessing the funds due to lack of collateral as talent or creative possession is not viewed as collateral and is not recognized as it is inatangible. Youth acessing this loan therefore have to rely on other forms of tagible collateral that creative ideas.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

The  out comes of the funding include strengthening and growing of youth businesses through easy and cheap loans. The fund has  enhanced the number of young people to venture in to business to create jobs as well as proviide employment to fellow youth.The inititiative has programmes on training youth  people entreprenueral skills  to help manage their busineses. the fund has also increased the production  capacities of youth businesses to access markets that require large supplies which require extra capital.  TThe fund has been facilitating and supporting small youth owned enterprises to develop linkages with large established enterprises/institutions for business and mentorship and facilitating the marketing of products and services of youth owned enterprises in domestic, regional and international marketshe Youth Fund provides Entrepreneurship training and appropriate Business Development Services to youth engaging in business in order to ensure that they have adequate skills, and are able to identify and tap into business opportunities, while embracing modern business management techniques. Management provides a mandatory pre-financing training programme to enhance sustainability of youth enterprisesThe fund has enhanced economic activities of young people  contribution in national development.

f.1 Name of agency responsible for the implementation of the measure: 
Youth Enterprise Development Fund
Financial Institutions
f.2 Financial resources allocated to implement the measure: 

The youth fund gets its finances from the government funding. the fund recieves an annual allocation of  approximately kenya shillings  800 million  per anum about 8 million dollars which is channeled to youth through the set criteria.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
Name of the designated official signing the report
Title:
Ms
Family Name:
Njeru
First Name:
Emily
Position:
Head of the Division of Education, Information and Research
Organization:
Department of Culture
❭ CULTURAL POLICIES AND MEASURES

Kenya's constitution

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Though Kenya’constitution was passed in 2010, its effect has been felt during the last four years. Adoption of the new constitution has greatly enhanced participation of citizens in cultural life and improved access to the public at large to diverse cultural expressions. The democratic space provided by the constitution has enhanced right and Freedom of expression in relation to artistic expression, right to language and participation to cultural life. This has encouraged emergence of new creative and artistic expressions by the youth while communities have revitalized their cultural expressions through the community cultural festivals. Many communities in Kenya are now keen to celebrate and safeguard  their unique cultures. Communities are now more aware of their social cultural rights and are demanding recognition of their cultures in developement. For example some communities have gone to court seek for redress against infrastructural development activities that violate  community’s cultures.  Communities  and individual citizens have embraced homegrown cultural expressions which have given rise to a new wave of patriotism  through cultural expressions and celebrations. The constitution also devolved cultural facilities and activities to  local county government which  has triggered local county governments  to incorporate culture in their development plans and have allocated funds to support promotion of culture. Many counties are now developing local  county culture policies which are domesticated from national policies but focus on local priorities. There has been renewed focus to tap and develop talents by county governments  over  the last four years.

 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
institutional
c.3. the main feature of the measure: 

The main feature of the  Constitution  is article 11  which recognizes  culture  as    the foundation of the nation and as the cumulative civilization of the Kenyan people and nation. Article 11 which is on culture commits the government to promote all forms national and cultural expressions through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural. The article further commits the state to protect the intellectual property rights of the Kenyan people. Other Articles of the constitution which are relevant to the convention include; Article 7 on national, official and other languages, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture and Article 56 on rights of minority groups in relation to developing their cultural values languages and practices. The constitution further stipulates that international instruments that Kenya has ratified form part of the constitution. Implementation of the constitution thus provides for implementation of the 2005 convention within the national law.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Good governace

- Mainstreaming of culture in national development

- promotion of national cultural exapressions 

-respect to fundamental freedoms and rights 

-protection of minority cultures 

- Enjoyment of culture 

f.1 Name of agency responsible for the implementation of the measure: 
The government of Kenya
f.2 Financial resources allocated to implement the measure: 

Implementation of the constitution is provided for under the national budgetary allocations for national and county governments which have prioritised programmes on implementation of the constitution.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

National policy on culture and heritage

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya in the last two years has been reviewing the national policy on culture and heritage. The purpose of the review has been to align it to the constitution and to the UNESCO Conventions that Kenya has ratified. The review process has engaged civil society, cultural organizations, experts and county governments. Kenya now has a final reviewed draft national culture policy. The reviewed policy outlines measures and strategies for protection and promotion of culture. The reviewed draft policy has also included emerging cultural issues such as promotion of creative industries.Further the reviewed cultural policy document provides guidelines to county governments for consideration in development of local county policies.The revised draft has factored the sustainable development goals. The implementation strategy under the revised policy requires that national and county governments ensuremulti stakeholder engagements in the planning and implementation of cultural development programmes and activities. The strategies for promotion of cultural expressions are in tandem with the principles of the 2005 UNESCO convention.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The main feature of the reviewed policy on culture is proposal to establish institutional frameworks for implementaion for example the establishemnt of a national culture council and and endowment fund for culture. The policy has also prioritized action programmes and allocated disntict yet complementary roles to national government and to county governments.

Regarding the implementation strategy the policy calls for a coordinated mechanism  through engagement of the following;

  1. National government Ministry, Departments, and Agencies responsible for culture and intellectual property rights.
  2. County government departments and agencies responsible for culture
  3. Communities  and cultural  practitioners
  4. Private sector
  5. Civil Society 

The Implementation matrix has identified priority programmes by  both national governemnt  and county governments and has further identified actors that include civil society for engagement in the implementation of the policy.

The reviwed  policy has factored a monitoring and evaluation mecahnism and provided poosibe indicators  to measure  implementaion status and to guide   follow ups. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development

- A coordinated guide on cultural development at national and county levels

-Enhanced collaboration mechanisms between the national and county governments in cultural development matters.

-Enhanced participation of citizens in cultural governance

- Promotion of national cultural expressions

- Increased partnerships and collaborations

- Increased Cultural development  programmes and activities 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for culture , Department of Culture,County Governments
f.2 Financial resources allocated to implement the measure: 

Implementation of the mesaure is through the regular government budgetary allocations to national and county governments. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Draft Culture Legislation

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

In the last  four years Kenya has been developing a culture legislation to provide a legal framework and mechanism for safeguarding and development of culture. The draft culture bill which is now in its final stages, was developed through wide stakeholder consultation. The draft  legislation  has provided clear direction on protection and promotion of culture. Further, the draft legislation seeks to establish a  national culture and arts council as an institution for promotion of cultural expressions. The proposed  Culture and Arts council is expected to enhance the production and creation of cultural goods and services. It is also expected to be in the forefront in advoacting for better working conditions for artistes.  The main functions of the council will be to; promote and  foster appreciation  of Kenyan cultural expressions for  creation of opportunities and enhancement of livelihoods through job creation and generation of incomes.  The council is also expected to promote  the visibility of Kenyan cultures and cultural heritage through recognition of cultural / creative talents. The bill proposes that members of the board of the council to be drawn from national art and culture organization. Inclusion of representatives of  artists in the council will improve cultural governance, raise their voices  and ensure that government initiatives serve needs of the artists. Final drafting of the bill has been done and the bill is now awaiting enactment by parliament.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the draft culture legislation is establishment of the culture council is an institutional framework for promotion of culture. This institutional framework is indeed envisioned in the national culture policy for the promotion and development of culture and arts. Also the proposed Council is an international standard that facilitates participation of cultural actors and civil society in good governance. The Culture Council is crucial in furtherance of democratic governance in promotion of culture by enshrining participation of cultural actors in management for greater accountability, participation and protection of culture as basic human right for individual citizens and communities.   Also the East African Community through the EAC Legislative Assembly recently passed law establishing the East African Culture and Arts Council and member states are expected to domesticate their laws to reflect same.  Further the proposed Culture Council is a policy measure and institutional framework that 2005 UNESCO on protection and promotion of the diversity of cultural expressions at national levels.  It is an important institution that will facilitate participation of civil society and art organizations at international meeting that require national stakeholder institution other than government officials participate in such meetings. Kenya has been missing participation of cultural actors in these international forums due to lack of an established institution framework for cultural actors. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  national cultural development

- enhanced protection and promotion of culture 

-An enabling environment for promotion of culture

-  Improved cultural governace 

- incresaed funding for culture

- intergration of culture in development policies 

- participation of citizens in cultural  programmes

- coordinated efforts and collaborations in culture development programmes 

- increased investment the culture sector  

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture , County Governments
f.2 Financial resources allocated to implement the measure: 

The implementaion of the proposed legislation will be funded by the government under the regular budgetary allocation for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

kenya School Music and Drama festivals

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya  music and drama festival  is  a programme under the ministry of education that nurtures artistic talents in music and drama.  The main objcetive of the festivlals is to promote culture as one of the goals of education as well as promote  extra carriculum activities within the school programmes.  The programme is an annual event fully funded by the government which provides oppotunities for school pupils and college students to create and  showcases drama and music artistic and culturla  creations at a national festival. Entries for participation are drawn from primary to college and university levels.The programme provides a platform for pupils  and students to express their cultural expressions  competitively. The festivals  are organized by the Ministry of Education and is  funded by government. The programme through competition  starts from the loca level to get entry to the to national level. The competitive nature of the festival provides an opportunity for students and pupils to be creative  in their talents and  pieces. The festival  has enabled some of its participants to link up  with  producers  after school and have made careers from their creativitly. Indeed the current education education reforms in Kenya which have been ongoing  for the last two years have reccomended  that reative arts subjects be introduced as  examinable subjects in the curriculum to enable those with talents pursue arts as careers. Though the current  education curriculum recognizes craetive arts as a subject at primary level it is not examinable and the subject is general and hampers progression of pursuing art at higher levels of education.  This move is likely to  encourage study of arts subjects and will improve the  quality and standards of creations showcased at the festival. Further the reforms will support study of the arts at higher education levels  thus increasing the proffessionals in the field as well as provide  skilled manpower for the creative and cultural sector.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The Kenya Music and Drama festivals is organized by a national organizing committee housed within the ministry of education. The Kenya Music and drama festivals involves music and drama performance by talented school and college students from different t zones within the county. These regions are created by the Ministry of Education for easy management of the festival competitions.

 The Regional Drama and music Festivals involves a competition of performances from counties which is referred to as zonal   festival which progresses to regional festival and then to the national festival.  Currently there are 8 regions. The Lake Region covers some parts of western Kenya, largely around Lake Victoria including Kisumu, Siaya, Kisii and Homabay counties. Nzoia Region also includes some areas in the western part of Kenya including Busia, Kakamega, Mumias, Webuye, Bungoma, Trans Nzoia and West Pokot Counties. Mau Region includes Nakuru, Eldoret, Narok, Uasin Gishu, Elgeyo Marakwet, Nandi, Baringo, Laikipia, Turkana, Kericho, and Bomet counties. Metropolitan Region includes Nairobi, Kajiado, Makueni, and Machakos counties. Highlands Region constitutes Meru, Embu, Isiolo, Tharaka-Nithi, Kitui, Isiolo and Marsarbit Counties. Coast Region constitutes Mombasa, Kwale,Kilifi, Tana River, Lamu and Taita Taveta counties. Northern Region constitutes Garissa, Wajir and Mandera counties

The National Drama Festival involves winning performances from all the different regions in the country. This structure allows for as many learners as possible to participate in theatre and music competition.  The festival is indeed the single biggest educational theatre event in Africa

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-  Mainsteaming of the arts within the Education System

- nurturing of young talents

- celebration of cultural diversity 

- enhancenemnt of skills related to creative talents

- Awareness creation on the value of arts in society

- Creation of awareness on issues affecting society through arts 

- Enjoyemnt of culture 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry Of Education and National Festival organizing Committee.
f.2 Financial resources allocated to implement the measure: 

The festival is funded by the government through the regular budgetary allocations to the ministry of education but it also attracts huge sponsorship from private cooporate 

organizations 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private media stations and corporate organizations such as;  NTV have been sponsoring the festival and have participated in marketing and recording of the programme as well as providing prizes for the winners. Britam a local insurance has also sponsored the festival.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Regulation on airing of 40% local content for broadcasts

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenyan government in 2014 passed a broadcasting regulation requiring broadcasting stations to ensure 40% local content in TV and radio  broadcasts. The policy direction has expanded the markets for distribution of local film, plays and music. There has been a tremedous increase in the number of locally produced films and music to meet the policy requirement. The policy direction has  created new opportunities for artists and local producers  thus new job and income oppotunities. Further the policy has created new opptunities for  distribution of cultural goods and services. The policy has increased diversity of  cultural expressions that are braodcasted giving citizens wider access to diverse cultural expressions.Citzens can now enjoy local cultural expressions even in local languages thus promoting the diversity of cultural expressions.

 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

 The main feature of the measure is the mandatory regulation passed by the Communications Authority of Kenya (CIA requiring n airing of forty per cent 40% local content by radio and television broadcasters. The regulation further requires that the broadcasts air and observe restrictions on adult content. The stations are required to submit their weekly programming log to the Communications Authority of Kenya (CA) for scrutiny. The new regulations released by CA Director-General require broadcasters to submit recorded events to the authority immediately after airing live functions. The purpose of regulations is to increase the quantity of local content viz a viz the foreign content and make improve access of available Kenyan cultural expressions. That policy direction has expanded the markets for distribution of local film, plays and music, thus, creating new opportunities for artists and producers in Kenya. The move provides for new opportunities for the enhancement of local productions as well as improved channels for distribution of cultural expressions including those in local languages thus promoting the access to diversity of Kenyan cultures. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- improved access of diverse local cultural expressions 

- enjoyemnt of culture by citizens

- increase in quantity of local cultural expressions aired on radio and Television,

- improved incomes for artsits, producers and communities from royalties paid by the broadcsaters 

- improved quality of productoions from competition

- new jobs created for artists and producers 

- enhanced contribution of the sector to the national economy 

- new distribution channels for creative cultural works 

- new innovations in the production of cultural goods and services 

f.1 Name of agency responsible for the implementation of the measure: 
Communication Authority of Kenya
f.2 Financial resources allocated to implement the measure: 

The financial allocations for  implementation of the measure is under the regualar government budgetarty allocation for the Communications Authority of Kenya. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

All Kenyan private Television and Radio broadcast stations are directly engaged in implementation of the measure as the law requires that they ensure compliance. Private Television and radio broadcasts are required to air 40% locally produced productions and creations  and to give compliance reports to the Communications Authority of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Churchill Commedy Show

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The main objective of the churchill commedy show is to tap, nurture and link to the market new artistic talents in the area of commedy. The show is aired on local national televison and quite popular with wide viewership.  Currently the show is aired on NTV twice a week and i s also showcased  to live audiences once a month at a popular private entertainment space/ hotel. The show targets new young commedians and provides an opportunity for  them during auditions and those found with unique and talents in commedy are provided an opportunity to perform during the Live performance show. The best of the performers from the live show  are showcased on the television show.The show during the last four years has nurtured and linked to the market and industry many commedians who now earn livelihoods from   such performaces.The commedy show has created a platform for tapping new comedians and has created a unique  outlet for showcasing new talents in the field of commedy.
 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is that the  measure  targets young people with talents on commedy. The measure targets yougn disadvataged youth out of school who woul in normal circumstances  not get an opportunity to express their talents and get known or link with the market. Commedy is among the most difficult  art  genres for an artist to make it in kenya. The show is an initiative of a private citizen who is also a commedian who made it through difficult circumstances and wished to give back to society by supporting young talents in commedy has had great impact in promotion of the sector. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-promotion of talents

- enjoyment of cultural expressions

- creation of oppotunities for youth to earn from their talents

- increase in local cultural expressions on TV

- creation of networks of artists

f.1 Name of agency responsible for the implementation of the measure: 
churchill live show
f.2 Financial resources allocated to implement the measure: 

Private initiative not funded by government

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Kalasha International Film & TV Festival

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Kenya Film Commission  has been implementing an award progrmme dedicated to promoting culture, stories, creativity and skills within the East African region. The Kalasha International Film & TV Festival & Market brings under one roof 3 main activities: The Kalasha Eastern Africa Film & TV Trade Show, The Kalasha International Film Festival and The Kalasha Film & TV Awards. The progrmme  is a creative hub that brings together players from the Eastern Africa Film & TV industry in one place and at the same time; offering a platform for all the players and the festival goers from the Film & TV industry to gather, discuss, exchange, collaborate, share stories and develop new business opportunities. The main objective of the programme is to showcase Kenya as a major regional hub for film and TV production, post-production and distribution across all platforms and genres while reinforcing the uniqueness of Kenya as a shooting location. It is catalyst in creating a vibrant film & TV industry which contributes in shaping Kenya’s image at the international level, enhance tourism, provide employment and foster local productions and skills. The Commission has carried out an independent film industry gap analysis baseline survey to determine the skills gap within Kenya’s film industry with proposed recommendations on how to enhance production and uptake of local content aired by broadcasters and Cinema theatres. Arising out of these recommendations was the proposal for support of capacity building initiatives for local content producers geared towards enhancing production, post production, marketing and regulatory skills necessary for the attainment of quality and affordable local content. In 2014, the film commission negotiated for a film incentive and stimulus package for the film industry which was granted in 2015. The incentives are in favor of the local film maker and partially make the film industry attractive for foreign film makers.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of  the kalasha film  festival are  the competition entry categories for the awards that diverse creators, producers and media of film productions .The main award categories include the following;

 

Creators and artists  

  • best lead actress in a film

·         best supporting actor in a film

·         best supporting actress in a film

·         best sound designer

·         best original score

·         best editor best lighting technician veve

·         best special effects

·         best original screen play

·         best feature

·         best director of photography

·         best documentary

·         best short film

·         best production designer

·         best director

 

·         television

·         best lead actor/ actress in a tv drama

·         best performance in a tv comedy

·         best host in a tv show

·         best tv documentary

·         best tv comedy

·         best tv drama

 

  • special awards

·         best feature by a student

·         best documentary

·         best diaspora production

·         best animation production

·         best feature- east african category

·         kfcb award for best watershed compliant station kbc

·         lifetime achievement award

·         Local TV Advertisement 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- New Market oppotunities 

- improved distribution channels 

- improved film standards 

- Visibility of local films

- increased networks for creators artsists and producers 

- Skills improvement in film production

- Awareness creation on local films

- increase in local content 

-Enhanced profile of local films 

f.1 Name of agency responsible for the implementation of the measure: 
Kenya Film Commission
f.2 Financial resources allocated to implement the measure: 

The Kenya film commision is a government agency created by government policy to promote film and recieves regular annula governemnt funding through the relevant ministry. Currently the Film commision is under the ministry of sports culture and arts. The commisiion also mobilizes other resources from  its partners and donors to support its activitiess and programmes. 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Independent film producers have been partnering with the Kenya film commission to organize the annual Kalasha film awards.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

The Copyright Act 2001

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The government in the last two years has been reviewing the Copyright Act 2001 which provides for protection of artistic related rights. The review of the Copyright Act is aimed at strengthening the protection of rights related to cultural expressions to ensure that creators benefit from their works and talents. The Kenya Copyright Board is mandated with the administration and enforcement of copyright and related rights and is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. It’s Board is comprised of members drawn from both the public and private sectors.  The members from the private sector are nominated by associations representing software, producers of sound recordings, publishers, film distributors, performers, broadcasting stations, musicians and the audio-visual industry. The Board Licenses and supervises activities of Collective Management Organizations (CMO’s) as provided for under the Act. The (CMO’s) are very important in managing and negotiating distribution of creative works. They advocate for fair bargains for use of creative works and are engaged in monitoring use of copyrights. They maintain   an effective databank of creative works and monitor use. The Collection Management Organizations (CMO’s) collect and distribute royalties to musicians, performers and producers. These CMO’s have in the past four years strengthened their collection capacities increasing annual incomes for their members.  Strengthening of the Music Copyright Society of Kenya has enhanced collection and distribution of music royalties to its members.  The CMO’s collects on behalf of registered artists royalties. Through regular payments of royalties the organization has encouraged many young people to enter the industry f

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the measure is the Kenya Copyright Board (KECOBO). The Board is responsible for organizing legislation on copyright and related rights; conducting training programmes on copyright and related rights; enlightening and informing the public on matters related to copyright; licensing and supervising the activities of collective management societies; and maintaining an effective databank on authors and their works. Its Board is comprised of members drawn from both the public and private sectors.  The board licenses and supervises activities of the following collection management organizations ;

  • Kopiken is designed to license the following activities; Photocopying or scanning from books journals or magazines, copying or printing articles form websites or digital content, Emailing copies of articles or extracts from publication, and storing copies of articles or extracts on your intranet  and accessing or sharing online press cuttings.
  • Performers Rights Society of Kenya (PRiSK)  a collective management organisation licensed by the Kenya Copyright Board to represent performers in musical and dramatic works. For more details please visit: http://www.prisk.or.ke
  • The Music Copyright Society of Kenya (MCSK) aims at collecting and distributing royalties on behalf of authors, composer and publishers in the music industry. For more details please visit: http://www.mcsk.or.k, MCSK also has an awards scheme  which  awards top performers. It has partnered with a local mobile company to enhance distribution of  music i.e. Safaricom  Skiza tunes agreement which has improved collection of  royalties that arev eventually be distributed on a monthly basis.
  • Kenya Association of Music Producers (KAMP) is mandated to collect for and distribute royalties to producers of sound recordings. For more details please visit: http://www.kamp.or.ke

 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 
  • Enhanced creativity
  • Fair remuneration for creators and artists for the use of their works
  • Improved bargaining power by Collection Management Organizations  
  •  Protection of works from use without permission
  •  Easy and legal access
  •   Users can comply with legislation
  •  Fair and affordable conditions
  •  Negotiations among professionals
  • Enhanced number production and distribution of cultural goods and service
  •  Improved local content  materials  
  • Enhanced awareness on copyright laws 
f.1 Name of agency responsible for the implementation of the measure: 
Kenya Copyright Board
f.2 Financial resources allocated to implement the measure: 

The Kenya copright board recieves its resources from the regualr government annual buadgetary alloaction to fund its  operations and activities

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Implementation of the Copyright Act 2001 require engagement of private registered collection companies. These companies are registered by Kenya copyright board are comprised of national stakeholder companies that collectively administer the rights of their members such as; composers, performers, authors, artists, book publishers.  The registered companies   collect and distribute royalties on behalf of creators. Currently, there are four such bodies:  Music Copyright Society of Kenya, The Reproduction Rights Society of Kenya, Kenya Association of Music Producers and the Performers Rights Society of Kenya.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Community cultural festivals.

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Many communities in Kenya hold annual community cultural festivals to celebrate their cultures. These festivals have been part and parcel of Kenyan community celebrations over the years. They are deeply enshrined as part of cultural practice and mark rites of passage and cycles of community traditions and practices. They are vehicles through which cultural traditions and practices are transmitted through performances and exhibitions. They promote intercultural understanding and showcase various communities’ rich and diverse cultural expressions. Further they are platforms for nurturing talents and provide avenue to market cultural expressions. These festivals’ are major tourist attractions both at local and international levels. The community cultural festivals are deep rooted and city and urban dwellers have designed unique cultural celebrations in urban settings. For example many hotels in Nairobi host annual community cultural celebrations themed on particular ethnic groups and these attract large audiences. The celebrations in urban settings are not only avenues for cultural expression but economic ventures for major hotels. These celebrations keep  alive cultural connections of city dwellers with their ethnic  cultures

c. What is: 
c.1. the scope of the measure: 
Local
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the local  festival commitee that plans and executes the community cultural festival. The committee is comprised of local cultural leaders representing various cultural expressions valued by the community. The commitee also co-opts other members from the local government representing relevant officials and politicians that seem keen to promote culture. Community  cultural festivals happen annually at specific periods of the year that concide with productive cycles of the life of communities. The fetistivals are major platforms through which kenyan communities celebrate their unique cultures. The festivals include cultural performaces and exhibitions of uniques cultural expressions by various age sets and gender. The festivals are an institution through which cultural expressions are preserved and transmited to the next generation. These festivals are a major attrcation to the local communities to celebrate their cultural diversity and though they attract visitors from other communities and tourists majority have not been commercialized  as ecoenomic ventures. The festivals though have influenced local governments to provide  and improve spaces for cultural expressions and dialogue  as the fetivals are held at public spaces. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Mainstreaming of culture in development

- A coordinated guide on cultural development at national and county levels

-Enjoyment of Culture

-Protection of cultural expressions 

- cultural  creativity 

- visibility of community cultures

-Enhanced collaboration mechanisms between the national and county governments

-Enhanced participation of citizens in cultural governance

- Promotion of national cultural expressions

- Increased partnerships and collaborations

- investment in Culture

- Awareness on importance of culture in development. 

f.1 Name of agency responsible for the implementation of the measure: 
Community cultural festival committee
f.2 Financial resources allocated to implement the measure: 

Though the government partly funds the feativals the main budget of the festival and resources is done by the festival commitees from varous partners and sponsors 

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

Private hotel owners have been engaged in promotion of cultural festivals especially in the city of Nairobi. These have organized the community festivals from a business angle targeting city dwellers with income to enjoy their local cultural expressions away from home at a fee. The festivals have targeted individual ethnic communities living in the city and unlike the local festivals the festivals organized by hotels and private event companies involve high level marketing and branding strategies. Due to the professional nature of their organization they also attract clients from other communities that are keen to enjoy and sample other community cultures. The festival als also target professional artists and exhibitions. Event management companies are also engaged in organizing and implementing cultural festivals such as safaricom jazz festival and Groove awards that target musicians and these attract huge audiences.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Establishment of a Ministry responsible for culture

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Kenya has in place a ministry responsible for promtion of culture. The Ministry is expected to provide relevant policy framewoork and conducive environment to support enjoyment, creation producationa nd distribution of cultural expressions.The government, in May 2015, created a State Department of Culture and Arts to focus on promotion of culture and arts. The main mandate of the State Department of Culture and Arts include;The Department of Culture in partnership with KNATCOM is currently developing a policy framework for the promotion of Creative and Cultural Industries in Kenya that hopes to give specific policy guidelines for enhancement of creation, production and distribution of cultural goods and services.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure is the Department of Culture which madated to promote and safeguard national cultures and is required to work with relevant culture stakeholders. The departemnt of culture coordinates all national cultural programmes with stakeholders and is the focal agency for the ministry on implementaion of cultural policies including coordination of the implementaion of unesco cultural conventions. The department of culture has establsihed networks and linkages  with  county governments, cultural organizations , civil society art groups and other relevant government agencies. The Department of Culture coordinates stakeholder participation in policy reforms as well as programmes and also in the monitoring of implementation of programmes. The Deapartment has a data base of cultural organizations and cultural groups opertaing in the country through the national registration.   

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Provision of necessary policies for cultural development

-domestcation of conventions  and implemenation of programmes and policies 

- promotion and protection of national cultures 

- enhanced  networks  and collaborations 

- investment in the culture sector 

f.1 Name of agency responsible for the implementation of the measure: 
Department of Culture
f.2 Financial resources allocated to implement the measure: 

Finances for operation are provided under the regular budgetary allocations for promotion of culture 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

East African Community law on promotion of culture and creative industries

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

The main objective of the measure is promotion of culture and arts across the east african community  through a legialative framework that is legally binding to member states. The Kenya government officials  participated in several regional East African Community technical meetings on culture to dialogue on policy matters in the region. These policy dialogues  have resulted to regional cultural draft cultural proocol and Creative and cultural legislation. kenya participated actively in formulation of the east african comunity law on promotion of the creative and cultural industries within the East  Afrcan Community. the proposed law that is at  now at the EAC assembly seeks to establish legal and institutional framework for promotion of culture within the region. The  proposed law  establishes   a regional culture and arts  council that will draw members from within the creative and cultural entreprenuers from the East African Community  region. Member states are expected to domesticate the law into their national laws and kenya has alreday complied through the draft culture legislation that is in its final stage before enactment. The regional law proposes new measures that will encourage networking of artsits, producers , creators and cultural entreprenuers across the region with avew to expand markets for cultural goods and services by adressing barriers related to movement of artsists and their products ad services. The law further aims at encouraging joint capacity programmes such as training, festivals and c creations theough the regional arts council. 

c. What is: 
c.1. the scope of the measure: 
Regional
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

The main feature of the measure is the estblishment of the regional  culture and arts council whose main objective will be to promote the creative and cultural industries across the esat african community region. The council will be very important in terms of provision of a paltform for civil society and cultural actors to particiapte in policy debates affecting the cutural sector and programmes such as the bi annual east african community cultural festival Jamafest. The  council will draw membership from representaives of government and art councils from the region and will work directly with cultural entreprenuers and artists from across the region. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Enhanced cultural development 

- enhanced networking of artists and cultural entreprenuers

- improved cultural governace at the regional level

- Expansion of markets for cultural goods and services

- co creation between artsits from the region

-intergration of culture across the member states development plans 

-Ehanced information sharing 

f.1 Name of agency responsible for the implementation of the measure: 
Member states ministries of culture and national art councils
f.2 Financial resources allocated to implement the measure: 

Implentatation of the measure is expected to draw its resources fro national budgetary allocations and from the East african community budgets. The Proposed council is alos expected to fundraise and mobilize resources from various partners and donors 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

Member of the International Federation for Art Councils and Culture Agencies Dialogues on culture policies

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

Kenya has been an active  member of the International Federation for Art Councils and Culture Agencies (IFACCA) during the last four years. The main objective of kenya's membership to IFACCA was informed by the need to  participate  in the International Arts and Culture policy dialogues as well as to benefit from existsing global cultural resources and to establsih and stregthen networks with art and culture culture organizations. Kenyan government  officials  through the IFACCA  digital platformes have over the last four yeras constantly benefited  from global dialogue between public officials and national councils for culture and arts on policy dialogues. Kenya  has been  receiveing   regular updates on global cultural policies from IFACCA online newsletters and databases. IFACCA has kept kenyan public officials informed on global policy dialogues and best practices from other countries. Through the organization kenya actively participated in the global campaign on the future we want includes culture  during the formulation of the new sustainable developemnt goals. These campaings and information shared by IFACCA empowered  public officialls with capacity to participate in national policy debates on the need to intergrate culture in dvelopment as well as capacity to influence and shape national policies to global policies. The dialogues on the future we want concided with the formulation of the culture legislation in kenya and these provided the officials from  the department  of culture with new impetus to push and justify the proposed law that is now in its final stage for enactment as a law. 

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the membership to IFACCA is participation at the bi annual international culture and arts summit that brings together culture policy makers and leaders  from across the world to discuss culture and policies. The forum  attracts alot of participants  who discuss key culture and art policies aimed at advocacy and stregthening of the capacity ofnational policy makers. Participants at the world art and culture summit are provided with a unique oppotunity to establsih and expand their networks in the fieds of arts and culture. The Mesaure is very unique as members that do not attend the summit are also provided with regular updates of the happenings including information on issues  and topic disscussed at the summit. Through the organization countries alos participate in reserach global research conducted by the organization and results are also shared. The information sharing strategy by IFACCA to its members is one of the most uniques feature of the measure.  

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Enhanced  awareness on importance of arts and culture in developemnt  

- Increased networking and global partneships 

- improved standards of cultural policies

- intergration of culture in development

-capacity building of public officilas on culture policies

-improved cultural leadership 

- transfer of skills 

f.1 Name of agency responsible for the implementation of the measure: 
Department of Culture
f.2 Financial resources allocated to implement the measure: 

The measure is not allocated any specific budget and mebership fees and facilitation of officers to participate in the international policy dialogues is funded under the general line budget allocated to the department of culture for culture promotion. IFFACA also supports officials from developing countries to participate in international forums through their own resources. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

Participation in cultural exchage dialogue meetings with friendly nations

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 
  • kenyan public officials have  been in the last four years been  invited by friendly nations to learn and bench mark on cultural policies and on  creative programmes and institutions.  Among the countries that have engaged Kenyan officials in such dialogues and exchages  are; Scotland through the Creative Scotland that invited the department of culture officials together with adminstrators of the Go down Arts Centre to Visit creative Scotland. The Go Down Arts Centre after the vist have continued to engage creative scotland through artists residency and capacity building programmes for artists.   The  Goethe Institute has in the last four years supported varous kenyan artists and entreprenuers to aceess  oppotunities to perform and engage with   German artists. The  United Kingdom through British council has supported several arttists progrmmes and have provided direct support to some kenyan artists to travel outside the country for various culural exchges. The French Cultural centre over the last four years has provided spaces for performance and exhibition to kenyan artsits and has provided  oppotunities for exchage between kenyan and French artits. French Cultural Centre has also provided space for cultural policy dialogues between public officilas,  artsits  and creators. The Swedish Embassy has also in the last four years provided direct support for kenyan artsits and creative entreprenuers and in 2016 they launched the Sweden@Kenya programme that aims at enhancing parneships between creative entreprenuers from kenya and sweden. The  Italian Cultural institute has in the last four years supported kenyan artists and enterpreneurs and have facilitated several exchages aimed at capacity building of the sector. The  Venezuelan embassy during the last four years have partnered and supported kenyan theatre artisis and have faciliated a cultural exchages between artsits from the two countries.The Chinese Embassy has implemented several cultural exchages and have faicilated artists and public officials to  travel to China for capacity building.
c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the measure has been the implentation of  cultural exchage programmes that target individual artists, cultural groups , entreprenuers  and pubilc officilas. The cultural exchage oppotunities have been provided through the foreign missions working in kenya with the objective of  building capacity for cultural entreprenuers, enhancement of market acess for kenyan cultural goods and services , participation at international cultural festivals and transfer of skills for the cultural and craetive sectors. Several kenyan artists have benefited from direct support in regard to travel costs accomodation and faciliation on  visas aplications. Public officilas have also benefited from direct sposorships to attend and participate in trainings and capacity building on best parctices. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- improvement in the quality of local cultural goods and services

- enhanced networking between artists 

-Transfer of skills 

-identification of new markets for kenyan cultural goods and services

-Freindships established and ne understanding between nations

- enhanced cultural diplomacy

-new parnerships

- co creations  

f.1 Name of agency responsible for the implementation of the measure: 
Foreign Missions in Kenya
f.2 Financial resources allocated to implement the measure: 

Most of the cultural exchages and programmes  are funded directly by the foreign missions and their partners and donor agencies from their individual countries.  

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ PREFERENTIAL TREATMENT

Smithsonian Folk Life Festival

Context of the measure: 
PREFERENTIAL TREATMENT
b. Key objectives of the measure: 

The key objective of  Kenya's  participation at the smithsonian folklife festival in 2013   was to promote international market access for kenyan cultural goods and services as well as provide easier mobilty of artists in cultural exchanges. The opportunity for kenya to participate was by the organizers of the smithsonian folklife festival in 2014. The invitation was to the ministry of culture to participate at the 48th  international smithsonian festival for the first time in history. The Fetival provided kenya with an international stand to showcase its unique cultursl expressions, market and disseminate information on the unique cultural expressions exhibited. The festival which attracts millions of visitors provided kenyan artists and entreprenuers an oppotunity to showcase their products and services to an international audience. Kenya was provided for an exhibition stand for showcasing various cultural products and services and a performace and demostration space. The kenyan stand attracted many visitors who purchaesd various cultural goods , enjoyed live performaces and tasted kenyan cuisine.Visitors to the kenyan stand were also educated about the unique cultural expressions showcased at the festival. 

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The Smithsonian Folklife Festival  main feature is that its an international exposition of living cultural heritage annually produced outdoors on the National Mall of the United States in Washington, D.C., by the Smithsonian Center for Folklife and Cultural Heritage.The Festival which  takes place for two weeks every summer overlapping the Fourth of July holiday  is   an educational presentation that features cultural exemplars. It is an international cultural exchange programme that showcases unique cultural expressions. It attracts millions of visitors. . The Kenya government facilitated several cultural groups and artists to participate in the Festival. Among the groups that participated were   unique sculptors, weavers, chefs poets, musicians, dancers, designers, performing artists  and visual artists crafts among others.  Kenya Participants were   provided for exhibition spaces  by the festival organizers to showcase and  demonstrate their uniques skills in creation of cultural expressions. The festival further provided unique  marketing and cultural dialogue forum.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Creation of new markets for kenyan cultural goods and services

-Creation of new  networks between  kenyan artists and international artists 

-Enhancement of Cultural understanding between nations

-Economic Gains from sales made

- Skill transfer

-Vsibility of kenyan cultural expressions internationally

- Enjoyment of diverse cultural expressions 

 

 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry of Sports Culture and the Arts
f.2 Financial resources allocated to implement the measure: 

The governemnt of kenya in 2013 provide one  hundred million kenya shillings an equivalent of about one million dollars to facilitate the kenyan artists and cultural experts and  goverment official to particiapate in the smithsonian folklife festival.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ PREFERENTIAL TREATMENT

Facilitation Mobility of Artists through Cultural protocols

Context of the measure: 
PREFERENTIAL TREATMENT
b. Key objectives of the measure: 

Kenya has negotiated and signed several Cultural bilateral cultural agreements aimed at fostering cultural cooperation and promoting cultural  and creative industries . The Cultural protocols negotiated and signed have enhanced the mobility of artsits beteen nations including entry and movement of equipment used in production and performaces. The protocols have further resulted to new tax measures on entry of film and music production equipment. These cultural protocols have encouraged implementation of several cultural exchanges between the Kenya Government with  foreign freiadly nations. Through cultural   protocols signed the country witnessed vibrant cultural excahges between cultural enaterprenuers artits and public officilas  who have participated in several official exchange cultural  programmes. The Protocols have created an enabling environment for international exchage and numerous kenyan artsits and creators have been invited to participate in international cultural fetivals, fairs exhibitions and competitions related to the cultural and creative sectors.  The Kenya Government through the Ministry of Sports, Culture and Arts has been facilitating foreign artists travelling to Kenya on cultural exchange programmes to  access visas, special passes and tax waivers on equipment. Further, the Ministry has provided Kenyan artists with recommendations and in processing of travel documents to enable them benefit from opportunities offered by developed countries. The Ministry has also facilitated some of the artists with air tickets to participate in international cultural festivals and exhibitions.Kenya has benefited from several cultural exchanges from several countries aimed at  fostering  cultural cooperation and promoting cultural  and creative industries. The ministry of Culture also works with varous foreign Cultural Institutes such as; French Cultural Centre, British Council, Italian Cultural Centre, Goethe Institute, Chinese Culture Institute and Swedish Embassies to foster international exchanges.

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the cultural protocols and exchages has been the oppotunity provided to kenyan artsits, cultural  entrepreneurs and pubilc officials to travel to foreign countries to participate at international cultural programmes such as ;  festivals, exhibitions, conferences and trainings. The exchages and protocols  have provided  easiers aceess to international markets for cultural goods and services and have  contributed to building of capacities for the sector. Implementation of the measure has assured timely access of travel documents and passes , facilitation in movement of cultural goods and services which ahs increased mobilty of artsits from kenya to other countries and mobility of foregn artists to kenya. The Kenya Government through  the Ministry of Sports, Culture and Arts has been facilitating and making recommendations to facilitate foreign artists travelling to Kenya on cultural exchange programmes to access visas, special passes and on tax waivers on equipment. Further, the Ministry has provided Kenyan artists with recommendations to access oppotunities offered by developed nations and also has been faciliating timely  processing of travel documents to enable them benefit from opportunities offered . The Ministry has also facilitated some of the artists with air tickets to participate in international cultural festivals and exhibitions.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Improved market access

-Transfer of skills and technology 

 - Establishemnt of new networks and oppotunities 

-Better quality of cultural goods and services

- Mutual understanding and dialogue of cultures

- Generation of incomes and jobs 

 

 

 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry of Sports, Culture and Arts
f.2 Financial resources allocated to implement the measure: 

Measure is not allocated any direct budget but cultural programmes draw from the general line cultural promotion budgetary allocation by the government. However implementaion of some of the cultural programmes is wholy funded by the developed nation that has provided the oppotunity.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Kenya Vision 2030

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The main objective of Kenya's Vision 2030 is to guide and prioritize government plans and actions on national development.  Kenya's Vision 2030 recognizes the need to celebrate diversity, and the need to build a strong and cohesive national character. Under the Social Pillar whose focus is towards prosperity,  the focus involves the building of a just and cohesive society in eight key social sectors, namely: education and training; health; water and sanitation; environment; housing and urbanization; as well as gender, youth and vulnerable groups. It also makes special provisions for Kenyans with various disabilities and previously marginalized communities. Vision 2030 further recognizes the importance of innovation in creation of new opportunities for the youth and women under which the cultural and creative industries have immense opportunity to contribute. Among Vision 2030 main flagship projects is development of an international arts and cultural centre for promotion of youth talents and for dialogue of cultures.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The main feature of Kenya's vision 2030 is the focus on development of youth with skills to promote entreprenership. The vision also has identified and prioritized developing of a national arts and culture sector as a major project  for implementation for development of youth talents. The project is listed for  public and private partnerships. This project by the government  is of great significance to the development  of the cultural and  creative sector in kenya. The project once complete is expected to provide a national platform for dialogue of cultural expressions and to provide public spaces to support enjoyment of culture, spaces for creation , production and distribution of cultural goods and services. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Provision of national public space for cultural expressions

- Enjoyment of national cultural expressions 

-Public creation , production and exhbition space

- Awareness on diverse  kenyan community  cultures 

-National cultural dialgoues

- Networking and partneships 

- ncrease in cultural exchage programmes 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture -State Department of Culture and Arts
f.2 Financial resources allocated to implement the measure: 

The project has recieved seed capital from the through the national annual budgetary allocation and the government is currently in the process of finalizing allocation of land at the kenya cultural centre where the cultural centre will be built.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Kenya's Constitution

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The objective of the constitution is good governace, protection of fundamental human  rights,  to provide  legal priorities  and  good mechanisms to guide national programme implementation.  On national  cultural promotion .Kenya's constitution in article 11 of the constitution recognizes culture as the foundation of the nation and cumlative civilization of the kenyan people. The article commits the government to promote all forms of national culral expressions and to protect the interllectual propery rights of the kenyan people. The constitution has aslo mainstreamed across various articles such as;  Article 7 on national, official and other languages, Article 32(1) on Freedom of conscience, religion, belief and opinion, Article 33 (b) on Freedom of expression in relation to artistic expression, Article 44 on language and culture,  Article 56 rights of minority groups in relation to developing their cultural values languages and practices among other culture related aspects of the constitution the Various articles in the constitution, article 10 calls for sustainable development while article 27 commits government to ensure social inclusion and promote social cultural rights in development. Further, the constitution has also devolved culture and cultural activities and facilities to county governments which now have integrated culture in their county development    plans. The constitution provisions have in the last four years provided a conducive political and social environment for enjoyemnt of culture and for promotion of the diversity of cultural expressions. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

Main feature of the kneya's constitution in relation to culture promotion and protection is article eleven which is on promotion and protection of kenya's  national cultural expressions and heritage. The article provides a constitutional mandate for the government to formulate and implement national mechanisms for national cultural development.The bill of rights enshrined in the constitution provides for the protection of fundametal rights and freedoms including right to particapate and enjoy ones cultural rights. The constitution also provides for protection of the rights of minority groups in relation to developing their cultural values languages and practices. The fourth schedule of the constitution  devolves county activities and facilities to county governments thus commiting  local governments to provide for develpement of culture through alloaction of budgets, planning and  implementaion of cultural programmes at the local levels. The fifthcschedule  of the constitution further commits parliament  to develop enact a national culture legislation to ensure communities recieve compensation and royalties for use of their cultures and heritage.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

-Enjoyment of diverse cultures 

- Repect of culture as a fundamental human right

- Protection of intellectual property rights 

- Good governace

-Promotion and protection  of culture by the state

- Enhanced creativity 

- Protection of minority cultural expressions 

-Interntional  partneships 

-  Cultural promotion and protection measures 

f.1 Name of agency responsible for the implementation of the measure: 
Ministry responsible for Culture , County Governments
f.2 Financial resources allocated to implement the measure: 

The government of Kenya provides annual national budgetary allocation to the ministry responsible for culture and to county governments to support cultural development. The government  also provides annual budgetary allocations to all state institutions that perform specific  cultural functions  for example ministry of education budget alloaction to support  school music and drama festivals. 

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL

Integration of culture in other government policies

Context of the measure: 
INTEGRATION OF CULTURE IN SUSTAINABLE DEVELOPMENT - AT NATIONAL LEVEL
b. Key objectives of the measure: 

The main objective  of the measure is to mainstream culture in other government policies. In kenya during the last four years there has been efforts to intergrate culture in other government policies in recognition that culture cuts across other sectors. For exaple  culture is one of the main goals of education policy, Foreign policy also recognizes culture as a major pillar of foreign diplomacy, Environmental Management Policy recognizes the role of culture in sustainable enviroment managment , Agricultural Policy has integrated culture as important; Peace and Security Policy recognizes the role of culture in building peace and resolving conflict at community levels  while the new Information Communication and technology policy has also recognized the role of culture in development. The policy reforms to recognize  culture in other government policies has been anchored on the need to have sustainable solutions to challeges and to factor issues of inclusion of all in developement agenda.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

The main feature of the policy measure is reference to the role of culture in implementation and achievement of other government functions for example foreign affairs ministry is the  foreign policy have recognized the unique role that culture can play through implentation of  culltural exchage programmes that offer immense oppotunities for soft diplomancy. Through cultural promotion between nations many discussions on key issues of mutual concern  can easily take place unlike the formal conferences and officail negotiations taht take long and are expensive to execute. The Ministry of Education , Science and Technology has also recognized the role of culture in achieving education for all and have designed uniique programmes to keep children in school in areas where culture does not provide for regular timlenes due to community economic activities. Also the mistry of education has policy that allows pupils in their early school years to learn using their local laguages and further education empahisizes extra cariculum eactivities such as sports and culture and creative arts fetivals. The ministry of environment  has recognized in their management policies the need to engage communities and indigineous technologies in finding  sustainable solutions to challeges. 

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

- Sustainable solution to challeges 

- inclusive development 

- intergration of culture in development 

- Increase in resources for promotion of culture

-Networking 

-Social inclusion

-New job oppotunities 

f.1 Name of agency responsible for the implementation of the measure: 
Government of Kenya Ministries
f.2 Financial resources allocated to implement the measure: 

Programmes are funded through the annual budgetlines allocated to individual ministries and Agencies responsible for specific mandates.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ EMERGING TRANSVERSAL ISSUES: Resolution 5.CP 9b

Promotion of Culture and Creative Industries / Creative Economy

Context of the measure: 
EMERGING TRANSVERSAL ISSUES: Resolution 5.CP 9b
b. Key objectives of the measure: 

 

The main objective of the measure is to assess and  bring all relevant government agencies to work together to promote and protect the diversity of cultural expressions in a digital environment. Further the meaure aims to to link culture and creative industries through policies, institutions  and regulations that promote cultural exprresions as well as protect copyrights. The  growth of Information Communication Technology (ICT) in Kenya just like the rest of the world there is emergence of new concept of new media which  has affected the way cultural goods are produced and disseminated and also interaction of the diversity of cultural expressions.  Though Information Communication Technology  presents many opportunities for development of culture it  has also posed  great threat to minority cultures of the world due to competition  and dominance of western nations cultural expression on new media. For example in Kenya after digital migration of media broadcast some locally owned broadcasts could not survive and had to close down. At the moment there are no explicit laws to address the new challenges .It is also noted that new media in creative industries is a wide domain which cannot be addressed by individual ministries and require coordinated government mechanism that cuts across ministries To counter the challenges of new media in protection and promotion of the diversity of cultural expressions the kenya government has introduced a policy that requires all  broadcast  media to air sixty  percent local content. To achieve results of the objective of the measure it requires multisectoral approach by government at which all relevant ministries and agencies dealing with media, culture , copyright , education and information work together. 

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
regulatory
c.3. the main feature of the measure: 

The Main feature of the policy debates is the creative economy. The creative economy policy debates and measures  have been focuseed on how to bridge culture with technoloy to add to the value chain of cultural expressions. The issue is focuseed on commercialization of cultural expressions to become trading items and services with higher revenues that the traditional cultural expressions. The debate as to whether the creative economy concept refers to culture linking with technology has been disputed by some of the stakeholders who feel that the creative economy is broader that the cultural creativity . Linking Culture with technology has brought about new ways of thinking in regard to protection of copyright. It has been observed  that protection of copyright on a digital environment is a complex issues and monitoring use of community 's cultural expressions digitally  to ensure compensation will require efforts of more that one government agency.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Among the results expected from implementation of the measure include ; Enhancement and enjoyment of local cultural expressions,  Improvement of  cultural exchange through audiovisual aids, Improvement of access to national diverse cultural expressions, New opportunities for market access for cultural goods and services, Digital distribution of cultural expressions , increase of local cultural  content on media , balanced airing of local  and foreign cultural expressions , enhancement of  intellectual property rights on new media , strengthening of  copyright protection laws and enforcement on the digital space and enhanced creativity

f.1 Name of agency responsible for the implementation of the measure: 
State Department of Culture and Arts
f.2 Financial resources allocated to implement the measure: 

The Creative economy debates and policy frameworks and  initiative have in the last two years recieved   government support  which allocated an initial budget of kenya shilling fifty million equivalent of five hunderd thousand  dollars to support policy.  Non governmental organizations especially civil society in the last two yeras have attracted sponsorship by various partners to implement policy discussion forums.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CURRENT UNESCO GLOBAL PRIORITY: GENDER EQUALITY

UWEZO FUND

Context of the measure: 
CURRENT UNESCO GLOBAL PRIORITY: GENDER EQUALITY
b. Key objectives of the measure: 

Objectives of the  uwezo fund are:

  1. To expand access to finance through grants and credit to promote youth and women businesses and enterprises at the local ( constituency level,) thereby enhancing economic growth towards the realization of the goals of Vision 2030;
  2. To generate gainful self-employment for Kenyan youth and women;
  3. To model an alternative framework in funding community driven development
  4. To provide accessible credit to women and youth 
c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
financial
c.3. the main feature of the measure: 

The Uwezo Fund which provides youth and women access to grants and interest-free loans, as well as mentorship opportunities. The  Fund seeks to expand access to finances and promote women, youth and persons living with disability led enterprises at the constituency level. It also provides mentorship opportunities to enable the beneficiaries take advantage of the 30% government procurement preference through its Capacity Building Programme. Uwezo Fund, therefore, is an avenue for incubating enterprises, catalyzing innovation, promoting industry, creating employment, and growing the economy . The main feature is that Uwezo funds are disseminated through micro  local financial  institutions located at the local level for accesibilty. 

The principles of Uwezo Fund are:

  1. Representation:  to ensure the inclusion of all Kenyans including women, youth, persons with disabilities, elected parliamentary representatives and respective government officials.
  2. Accountability: to ensure government is held responsible to the citizenry for its decisions and actions.
  3. Accessibility: guaranteeing accessibility at the lowest level of engagement and for the largest category of recipients using a simple, structured and least cost approach.
  4. Economy: use of the best but least cost mechanism to achieve the desired objective.

 

Eligibility Criteria for  qualification for Fund loan

(a) For a group

  1.  Is registered with the department of social services, Cooperatives or the Registrar of Societies
  2.  Has members aged between 18 and 35 years whereas thewomen’s groups shall be made up of women agedeighteen years and above
  3.  Is based and operational at the constituency it seeks tomake an application for consideration
  4.  Operates a table banking structure or any other group fundstructure where members make monthly contributionsaccording to the groups’ internal guidelines (evidence of monthly contributions shall be a requirement);
  5. Hold a bank account in the name of the group.

For an institution

  1.  Is a registered entity
  2.  Has listed youth and women groups within it
d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Among the results expected from implementation of the Uwezo fund are;

- Accessible Loans for women and youth

- Social Inclussion of the women and disabled in economic activities.

-improved livelihoods from effects of participation of women in development  activities.

- enhnaced entreprenueral capacity and skills 

- Sustainable businesess 

- Value addition on cultural products and services businesses 

f.1 Name of agency responsible for the implementation of the measure: 
UWEZO OVERSIGHT BOARD
f.2 Financial resources allocated to implement the measure: 

The government of Kenya allocates funds from it national budget. The  government allocates about kenya shillings 5 Billion annually an equivalent of about 50  million dollars that is allocated equitably to all grassroot levels (constituencies)  and is disbursed through identified strategic financial insitutions.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ YOUTH

Youth Fund

Context of the measure: 
YOUTH
b. Key objectives of the measure: 

The  strategic focus of the youth fund  is on enterprise development as a key strategy that will increase economic opportunities for, and participation by Kenyan Youth in nation building.The Youth Fund provides easy and cheap loans to young entrepreneurs including those engaged in production of cultural goods and services The Fund seeks to create employment opportunities for young people through entrepreneurship and encouraging them to be job creators and not job seekers. It does this by providing easy and affordable financial and business development support services to youth who are keen on starting or expanding businesses.The Kenya  government conceived the idea of institutional financing as a way of addressing unemployment which essentially is a youth problem. The concept is based on the premise that micro, small, and medium enterprise development initiatives are likely to have the biggest impact on job creation. Young people who constitute the largest segment of the society, is the future of any economy and a key driver of employment growth and economic activities.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
financial
c.3. the main feature of the measure: 

The main feature of the Youth Fund is the fact that it targets youth between the ages of 18 to 35 yeras of age. The fund has unique loan packages designed to attract youth engaged in different businesess. For example the Vuka loan package is advanced to youth who have existing formal businesses and are able to provide security. The objective of Vuka loan is to provide friendly large scale financing to youth businesses that are seeking to upscale their operations. Applicants may be individuals, partnerships or limited companies. Vuka loan finances business expansions only, not start-ups. The applicant may use the loan for working capital or to purchase income generating assets.

Youth can borrow from  a minimum of Kshs.100, 000/=   to a maximum of Kshs. 2,000,000/=.  Vuka loan attracts an interest of 8% flat per annum. A loan application fee of 1% of the loan amount will be charged upon approval of the loan. This is  netted off the loan amount at disbursement to take care of the pre-disbursement processes, including training.

However youth in the cultural and creative enterprises have expressed difficulties in accessing the funds due to lack of collateral as talent or creative possession is not viewed as collateral and is not recognized as it is inatangible. Youth acessing this loan therefore have to rely on other forms of tagible collateral that creative ideas.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

The  out comes of the funding include strengthening and growing of youth businesses through easy and cheap loans. The fund has  enhanced the number of young people to venture in to business to create jobs as well as proviide employment to fellow youth.The inititiative has programmes on training youth  people entreprenueral skills  to help manage their busineses. the fund has also increased the production  capacities of youth businesses to access markets that require large supplies which require extra capital.  TThe fund has been facilitating and supporting small youth owned enterprises to develop linkages with large established enterprises/institutions for business and mentorship and facilitating the marketing of products and services of youth owned enterprises in domestic, regional and international marketshe Youth Fund provides Entrepreneurship training and appropriate Business Development Services to youth engaging in business in order to ensure that they have adequate skills, and are able to identify and tap into business opportunities, while embracing modern business management techniques. Management provides a mandatory pre-financing training programme to enhance sustainability of youth enterprisesThe fund has enhanced economic activities of young people  contribution in national development.

f.1 Name of agency responsible for the implementation of the measure: 
Youth Enterprise Development Fund
Financial Institutions
f.2 Financial resources allocated to implement the measure: 

The youth fund gets its finances from the government funding. the fund recieves an annual allocation of  approximately kenya shillings  800 million  per anum about 8 million dollars which is channeled to youth through the set criteria.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No