Law 1834 of 2017 – Law of the Creative Economy (Orange Economy Law)

Where
Colombia
When
2020
Who
Minstry of Culture – National Council of the Orange Economy
Describe the main features of the policy/measure: 

The highest normative framework of cultural policy in Colombia is set forth in the Political Constitution of 1991. This document makes explicit the multi-ethnic and multicultural character of the country. Likewise, culture is recognized as a fundamental element of nationality and an engine for economic and social development. By virtue of the above, the General Law of Culture was issued in 1997, which is the fundamental tool for the formulation of current policies in the sector. This Law, under which the Ministry of Culture was created, advocates policies that promote democratic access to knowledge, creation and enjoyment of cultural goods and services, the strengthening of creation and research, and the safeguarding of the cultural heritage of the nation.

The enactment of Law 1834 of 2017, known as the Orange Economy Law, set a course for the National Government and called on the country to take advantage of its talents, its diversity and cultural potential, through public policies that promote cultural rights and increase the contribution of the cultural and creative sectors in the generation of wealth, employment, economic growth and in the improvement of the quality of life for all communities and regions. In short, the Orange Economy Law seeks to place culture and creativity at the centre of the country's development agenda in the short, medium and long term. For this purpose, it provided for the creation of the National Council of the Orange Economy - CNEN. The Council articulates seven Ministries and five national government agencies for the definition of lines of work, competences, legal instruments and scope of each public institution in the implementation of coordinated actions for the promotion of culture and creativity as an engine of development. Likewise, this law establishes seven strategic lines, referred to as the seven "I's", that seek to address the challenges for the promotion of creative economies from a comprehensive perspective. For this, it approaches cultural activities taking into account the multiplicity of the agents involved and the complexity of the dynamics. The following table succinctly explains the seven lines of action and the responsibilities of government derived from each one of them, based on the content of Law 1843 of 2017.

1. Information: "An adequate survey of constant, reliable and comparable information on the sectors of the creative economy will be promoted."

2. Institutions: "The institutional governance and coordination of the policy will allow for the involvement of the public, private, mixed and non-governmental sectors in order to adequately articulate the postulates of the creative economy. The articulation of public and private organizations at the regional level is also a requisite to create a fertile ground for the cultural and creative industries, especially in the departments, cities, districts and municipalities"

3. Industry: "The role, qualifications and standards of the creative industries will be strengthened, which will in turn promote and improve their contribution to the gross domestic product."

4 Infrastructure: "The necessary infrastructure will be developed so that, within the competencies of the national and local governments, investment in physical infrastructure and virtual infrastructure is privileged, as well as the inclusive access to both."

5. Integration: "The necessary international instruments will be promoted so that the industries of the creative economy get an adequate access to the global markets, strengthening their export potential, without prejudice to those international treaties and obligations already subscribed and ratified by Colombia."

6. Inclusion "The creative industries will be protected and promoted as generators of jobs, economic growth and wellbeing, with a view to their becoming integration and resocialization vehicles. To this purpose, the independent circulation of all the arts will be strengthened through the recognition of cultural spaces and facilities. Through the dissemination of independent local content, circulation channels such as public and community radio, public TV, and local venues will be promoted."

7 Inspiration: "Participation in local, virtual, national and international venues will be promoted in order to showcase national talent, introduce international talent, and inspire a participatory sense of culture, seeking to develop the Creative Economy in all its expressions."

Additionally, it should be noted that Law 1834 of 2017 commits different institutions of the national public sector to the promotion and protection of cultural expressions. For this, it contemplates such instances as the Orange Economy Council, created and regulated by decree 1935 of 2018, that links 12 areas of the national government around the design and implementation of strategies that contribute to positioning culture and creativity as the main axis of the country's human development.

What are the results achieved so far through the implementation of the policy/measure?: 

Below, the main achievements in the Implementation of Law 1834 of 2017 are described schematically.

National Council of the Orange Economy: After its creation, the Council has met five times and has defined policy guidelines, as well as strategies for the positioning of culture and creativity on the agendas of public and private sector organizations.

Public policy: Progress has been made in the design of a Comprehensive Policy for the Orange Economy, bringing different sectors from civil society and several national government entities together for this purpose. In December 2019, a preliminary version of this policy was approved by the National Council of the Orange Economy.

Regulatory framework: Enactment of decrees aimed at strengthening the cultural and creative sectors through tax incentives, financing mechanisms and reduction of paperwork.

Culture and Orange Economy Satellite Account: Knowledge generation mechanisms for the cultural and creative sectors have been strengthened thanks to the survey, expansion and updating of the sectors included in the National Culture Satellite Account. Likewise, actions for this purpose have been articulated in the Interinstitutional Information Table established under Law 1834 of 2017.

Culture and Economy Observatory: In alliance with the academic sector, the Culture and Economy Observatory has been prolonged, whose work creates specialized content on the topic that is later disseminated through publications and academic activities.

Regional Mappings: The characterization and diagnosis of cultural and creative ecosystems has been carried out in nine cities (Cali, Manizales, Pasto, Valledupar, Santa Marta, Cartagena, Medellin, Bucaramanga and Pereira).

Regional Articulation: Articulation strategies for the agents of the cultural and creative sectors through out the Colombian territory has been implemented through the Orange Economy Nodes. To date, there are 23 established nodes, that have made progress in the definition and implementation of creative development agendas. Likewise, tools have been developed to advise all mayors and governors in the inclusion of culture and creativity in their development plans.

Projects of National Strategic Interest (PINES): The national government has led the inter-institutional coordination needed to overcome specific barriers that slow down the development of strategic sectors of the cultural and creative economies regionally. The Ministry of Culture has provided support and technical guidelines for the development of the "Cultural Audiovisual Industries" and "Orange Development Areas" projects.

Incentives to increase the mobility of artists, creators, researchers and cultural agents: Through the National Concertation Programme led by the Ministry of Culture, in 2019 2,300 cultural projects and activities in 530 municipalities received financial support:

-53 projects under the line of cultural entrepreneurship
-72 under artists' circulation on a national scale
-205 under strengthening of cultural spaces
-773 under artistic and cultural activities of limited duration

For its part, the National Stimulus Programme granted a total of 930 incentives in 2019. For the first time, an orange stimulus package was included, with 25 calls and 121 incentives granted. The 2020 call grew its budget by 3% and was launched in April of the current year.

Additionally, through the National Concerted Venue Programme, in 2019 102 projects were supported to promote the creation and circulation of theatre pieces and the creation of new audiences for the performing arts: 11 took place in historical venues, six in medium-sized, 79 in small venues and six in unconventional spaces.

Institutional offer: The "Entrepreneurship Route" was completed, which collects the information on the orange offer of 21 public institutions and their respective support and financing programs (each following a phase of business creation: Incubation -e.g., SENA's Emprender Fund; Acceleration and escalation -e.g. Aldea Naranja, Capital Naranja and iNNPULSA's Mega I) for various management models from community ventures to large enterprises.

Mujeres Tejedoras de Vida (Women Weavers of Life): The Ministry of Culture leads this programme that provides technical assistance and business support for creative and cultural initiatives to high-risk groups of women. In 2019 it was implemented in eight municipalities, providing assistance to 17 groups that bring together 290 women. https://www.mujerestejedorasdevida.com/

Orange Development Areas (ADN): The national government has assisted and accompanied the delimitation and regulation of four ADN or creative districts in Medellin (Perpetuo Socorro), Cali (Centro and Licorera) and Barranquilla (Barrio Abajo). Other cities are advancing in similar projects: Bogota, Popayan, Valledupar, among others.

Financing: Financing mechanisms for the cultural sectors have been strengthened through tools such as the General System of Royalties and the Law of public spectacles. Thanks to the latter, between August 2018 and November 2019, 27 territorial entities allocated $ 47,000 M pesos to 85 projects for the benefit of 74 venues in the national territory.

International reach: The Ministry of Culture has strengthened Colombia's international networks and the participation of national cultural expressions on the global scene. Under this strategy several noteworthy events have taken place: the International Orange Economy Summit held in Colombia in 2019 with 55 experts from 17 countries; the presidency pro-tempore (2020-2021) of Colombia in the Pacific Alliance, and the active participation of the country in its technical group of culture; participation in Womex 2019 with a delegation of 20 leading representatives of Colombian culture.

Financial resources allocated to the policy/measure in USD: 

N/A

Partner(s) engaged in the implementation of the measure: 
Name of partnerType of entity
Presidency of the Republic
Public Sector
Ministry of Finance and Public Credit
Public Sector
Ministry of Labour
Public Sector
Ministry of Commerce, Industry and Tourism
Public Sector
Ministry of National Education
Public Sector
Ministry of Information and Communication Technologies
Public Sector
Ministry of Interior
Public Sector
Ministry of Culture
Public Sector
National Planning Department
Public Sector
National Administrative Department of Statistics (DANE)
Public Sector
National Learning Service (SENA)
Public Sector
National Directorate of Copyright (DNDA)
Public Sector
Territorial Development Fund (Findeter)
Public Sector
Has the implementation of the policy/measure been evaluated?: 
NO
Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Multi-domain