Impact of Articles 16 and 21
Sharing knowledge on the impact of Articles 16 and 21
Both Articles 16 and 21 have an impact on various areas and themes which are interlinked including international trade, international cooperation, culture and development.
The Secretariat, through consultations with Parties, international organizations and civil society, collects, analyses and makes available information on the implementation and impact of Article 16 and 21. Through an online database Parties, international organizations, civil society, are equally invited to participate in this information collection effort and to share experiences and practices, by regularly submitting relevant documents and information on events to the Secretariat.
The environment in which Articles 16 and 21 are applied is a complex one. See concept note on “Preferential treatment, international coordination and consultation”. The diagram below illustrates the various transversal elements that are common to these two provisions and demonstrates the complex environment in which they are to be implemented.
Article 16 calls on Parties from developed countries to implement preferential treatment for artists, cultural professionals and practitioners, as well as and cultural goods and services from developing countries. Through appropriate institutional and legal frameworks, this provision calls for a new approach to international cooperation by promoting a more balanced flow of cultural goods and services and greater mobility of artists and cultural professionals from the developing world.
This clause allows countries to introduce an exception to standard “non discrimination” principles in international trade. It should also be understood as having a cultural component. It is therefore a cross-cutting principle, involving cultural, trade and environmental policies, and informing all types of international exchange in the context of the 2005 Convention.
Measures to implement Preferential Treatment can be done at the individual level (benefitting artists and other cultural professionals), at the institutional level (access of cultural goods and services to regional and international markets) and at the industry level (bilateral, regional and multilateral frameworks and mechanisms)
Article 21 on international consultation and coordination requires Parties to assume responsibility for promoting the objectives and principles of the Convention in other international forums. While the Article 21 is primarily interpreted in the context of reinforcing Article 20 and the relationship between the Convention and other international treaties, the aim of Article 21 is also to promote consultation processes in different international forums and at various levels.
This involves, for example, intervening in international forums to advance cultural objectives, affirming the objectives and principles of the Convention in cultural and trade agreements, consulting other Parties when signing new bilateral agreements that address the objectives and principles of the Convention, engaging in dialogue with States not Party to the Convention to encourage ratification, or taking into account the Convention within the framework of discussions on the link between culture and development.
UNESCO Secretariat regularly reports to the Governing Bodies of the Convention on the implementation of Articles 16 and 21 of the Convention:
- December 2015, Ninth ordinary session, Intergovernmental Committee: “ Preferential treatment, International consultation and coordination (Articles 16 and 21 of the Convention): status of consultations, sharing of knowledge and good practices”: Document CE/15/9.IGC/8
- June 2015, Fifth Ordinary Session of the Conference of Parties : “Preferential Treatment and International Consultation and Coordination: Report on the implementation and impact of Articles 16 and 21 of the Convention”: Document CE/15/5.CP/11
- December 2014, Eighth Ordinary Session of the Intergovernmental Committee, “Preferential treatment and International consultation and coordination: report on the implementation and impact of Articles 16 and 21 of the Convention”: Document CE/14/8.IGC/11
- December 2013, Seventh Ordinary Session of the Intergovernmental Committee, International consultation and coordination: report on the impact of Article 21 of the Convention: Document CE/13/7.IGC/12
- June 2013, Fourth ordinary session of the Conference of Parties, International consultation and coordination: report on Article 21 of the Convention: Document CE/13/4.CP/11
- December 2012, Sixth ordinary session of the Intergovernmental Committee, “International consultation and coordination: taking stock of Article 21 of the Convention”: Document CE/12/6.IGC/11
- December 2011, Fifth Ordinary Session of the Intergovernmental Committee, “International consultation and coordination: current state of Article 21 of the Convention”: Document CE/11/5.IGC/213/8REV2
For Further reading:
- Véronique Guèvremont, « Promoting the Convention in international forums », in « Re-Shaping Cultural Policies», 2005 Convention Global Report, 2015, UNESCO, Chapter 7, pp. 135-149.
- I. Bernier, “The Relationship Between the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and Other International Instruments: The Emergence of a New Balance in the Interface Between Commerce and Culture”, August 2009, pp. 17-23. Available here.
- P.T. Stoll, “Article 21: International Consultation and Coordination”, in S. von Schorlemer, P-T Stoll (ed.), The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Explanatory Notes, Springer, 2012, pp. 545-551.
- X. Troussard, V. Panis-Cendrowicz, J. Guerrier, « Article 16 : Preferential Treatment for Developing Countries », in S. von Schorlemer, P-T Stoll (Editors), The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Explanatory Notes, Springer, 2012, pp. 405-455.
- Mobility Matters, Programmes and Schemes to Support the Mobility of Artists and Cultural Professionals, ERICarts, Final report, October 2008