Non-conforming measures of the Free Trade Agreements with the US and the EU for the protection of ethnic minorities and their traditional expressions

Where
Colombia
When
2017
Who
Ministry of Commerce, Industry and Tourism
Key objectives of the measure:

To protect Colombian ethnic communities and their traditional expressions from the threats of trade openness with developed countries, particularly those that could arise from the signing of the FTAs ​​between Colombia and the United States, and Colombia and the European Union.

Scope of the measure:
National, International
Nature of the measure:
regulatory
Main feature of the measure:

In the FTA with the USA and with the EU, measures were taken to protect Colombian ethnic communities and their traditional expressions, the detailed aspects of which may be summarized:

In the treaty with the USA, Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups.

In addition, Colombia reserves the right to adopt or maintain any measure granting rights or preferences to local communities regarding the support and development of expressions related to the intangible cultural heritage declared under Resolution 0168 of 2005.

Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons of any other country through any treaty between Colombia and that country which contains specific commitments in matters of cultural cooperation or co-production, with respect to cultural industries and activities.

Colombia may apply incentives for the promotion of cultural industries and activities, without violating the National Treatment and Most-Favored-Nation Treatment obligations.

Additionally, in the framework of the FTA with the EU, Colombia has made a general reservation to protect the audiovisual cultural industry by excluding it from the scope of the "Establishment" and "Cross-Border Supply of Services" chapters.

Colombia reserves the right to adopt or maintain any measure that grants rights or preferences to socially or economically disadvantaged minorities and their ethnic groups, including with respect to communal lands owned by ethnic groups in accordance with article 63 of the Constitution of Colombia. The ethnic groups in Colombia are: indigenous peoples and the gypsy, Afro-Colombian communities and the native community of the archipelago of San Andres, Providencia and Santa Catalina. Colombia reserves the right to adopt or maintain any measure granting rights or preferences to local communities regarding the support and development of expressions related to the intangible cultural heritage.

Results expected through the implementation of the measure:

To generate legal mechanisms to protect communities and ethnic groups in Colombia, and their manifestations, in the wake of the signing of free trade agreements with the United States and Europe.

Financial resources allocated to implement the measure:

Does not apply

Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Multi-domain
Cultural Value Chain
Creation
Production
Distribution
Participation