Cultural Diversity by United Purpose

CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSION.

A USERâ&#x20AC;&#x2122;S HANDBOOK

PREFACE

The North West is one of the richest regions when it comes to cultural diversity in the country. This diversity is enhanced by the presence of the various ethnic groups including the Mbororos, who are mostly pastoralists, across all the divisions of the region. However, the lack of understanding, dialogue and intolerance among the various people has been the source of conflict. Inter-tribal conflicts have had its toil on the people, and on numerous occasions on livestock. While the root causes of these conflicts can be traced to the management and use of natural resources, the lack of understanding of our cultures, our diversity and the absences of credible dialogue fuels these conflicts. This Handbook has been developed by MBOSCUDA and its partners to contribute to the integration process by providing simplified information on the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expression. While there are no national Laws on the protection of diversity of cultural expressions, the UNESCO Convention serves as an instrument respected by the government of Cameroon. This Handbook highlights some of the national initiatives to protect and promote cultural diversity. The essence is to bridge the existing gap in our communities by enabling each and every one of us understand the instruments that exist nationally and internationally to protect our cultural heritage. More particularly it has been written to assist development workers, youth leaders, journalists, all involved in the cultural ii

industries and administrative authorities, understand the concepts of cultural diversity, how to promote and protect it. In the most ideal situation, it should help focus our thoughts, increase overall understanding of cultural rights and, promote intercultural dialogue, facilitate capacity building, and act as a catalyst for further action that promotes tolerance, harmony and peaceful coexistence. It is our hope that, this handbook will familiarize and improve on the readers understanding of the implications of the Convention especially within our multicultural context, characterized by intercultural misunderstanding and conflicts, thus enable us to take into account the overarching principles of human dignity that should be reflected in all our activities. Be the change that you wish to see in the world. Prof Manu Ibrahim, Specialist in Agricultural Extension and Rural Development Head of Department, Agricultural Extension and Rural Sociology, Faculty of Agronomy and Agricultural Sciences, University of Dschang-Cameroon Member of Board of Directors of MBOSCUDA ChargĂŠ de Mission at Prime Ministerâ&#x20AC;&#x2122;s Office-Yaounde Email: manu_ibrahim@yahoo.fr Tel: 696743041/677225247

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TABLE OF CONTENT PREFACE ........................................................................................ ii ACRONYMS ................................................................................... v APPRECIATION ........................................................................... vi 0. INTRODUCTION AND OBJECTIVES ........................................ 1 0.1

CONTEXT AND JUSTIFICATION ....................................... 1

0.2

OBJECTIVES OF THE HANDBOOK.................................... 2

0.3 WHAT IS IN THIS HANDBOOK? ........................................... 3 0.4 WHO IS THIS HANDBOOK FOR? .......................................... 4 SECTION 1: UNDERSTANDING CULTURAL DIVERSITY AND RIGHTS ................................................................................... 5 SECTION 2: EVOLUTION OF POLICIES AND INITIATIVES ON CULTURAL DIVERSITY AND RIGHTS ......................................................... 10 SECTION 3: INTERNATIONAL POLICIES ON CULTURAL DIVERSITY AND RIGHTS ................................................................................ 18 SECTION 4: NATIONAL INITIATIVES TO PROTECT AND PROMOTE CULTURAL DIVERSITY AND RIGHTS .................................... 42 iv

Acronyms EU MBOSCUDA NOWEFOR SDO UNESCO UP BTG ILO

European Union Mbororo Social and Cultural Development Association North West Farmers Organization Senior Divisional Officer United Nations Educational, Scientific and Cultural Organization United Purpose Bridging the Gap International Labour Organisation

Appreciation The material in this HANDBOOK has been inspired by the work of several persons working in the area cultural rights, with particular interest in the management of cultural conflicts. While some of them have made direct contributions towards the realization of this sensitization HANDBOOK, many others have contributed in several indirect ways. We are particularly grateful to the following people who have contributed in one way or the other to the realization of this document:  The EU  UP – Carmel Moran  BTG Project Team - Sali Django - MBOSCUDA Coordinator - Njei Germaine - NOWEFOR Coordinator - Wanchia Cynthia – Communication Officer MBOSCUDA - Omer Songwe and Shei William Kanjo - Consultants  Regional Delegation of Arts and Culture North West

INTRODUCTION AND OBJECTIVES

1.1 Context and justification With over 250 tribes and ethnic groups, Cameroon can be considered as one of the African countries with the richest cultural diversity. UNESCO considers cultural diversity as a factor in development because cultural diversity widens the range of options for everyone. However, cultural diversity has also been a source or driver of conflict in many societies. The history of most African countries is characterised by interethnic conflicts, sometimes with severe consequences. Most of these conflicts are related to access to resources, but cultural intolerance, lack of cooperation and mutual trust, and misunderstandings among cultural groups often make resourcebased conflicts more severe. There is therefore the need to properly manage cultural diversity in order to strengthen harmony among culturally distinct groups and ensure the protection of cultural rights. This can only be guaranteed through efficient policies, including their proper understanding and implementation by relevant actors. In the specific case of Cameroon, there is still little awareness and understanding of cultural rights issues and existing legal instruments for the protection and promotion of cultural rights. This explains why institutional mechanisms for the protection and promotion of cultural rights are weak, leading to intentional as well as unintentional abuse of the cultural rights of vulnerable groups such as women, youth and ethnic minorities. The need to sensitize relevant stakeholders can therefore not be overemphasized. 1

This HANDBOOK is one of the key sensitization materials produced within the framework of the project titled â&#x20AC;&#x153;Bridging the Gap: safeguarding peace and human rights by promoting intercultural dialogue in North West Cameroonâ&#x20AC;?, jointly implemented in the North West region of Cameroon by United Purpose UK, MBOSCUDA and NOWEFOR with funding from the European Union. The overall objective of the project is to strengthen social cohesion in the North West Region of Cameroon through the promotion of intercultural dialogue and cultural rights. The specific objective is to promote intercultural dialogue and advocacy with the view to reducing conflicts and marginalization of minorities, youth and women in the North West Region and beyond. 1.2 OBJECTIVES OF THE HANDBOOK The overall objective of this HANDBOOK is to increase awareness and understanding of cultural diversity and rights issues, including existing international and national policies and initiatives on the protection and promotion of cultural rights and diversity. It is expected that increased awareness of these issues, policies and initiatives will contribute to strengthening mechanisms for the protection and promotion of cultural rights and diversity. This is expected to contribute in reducing the incidence and severity of inter-ethnic conflicts in the project area (North West Region of Cameroon) and beyond.

1.3 WHAT IS IN THIS HANDBOOK? This HANDBOOK is divided into 4 sections: Section 1: Understanding cultural diversity and rights In this section, key concepts are defined and explained. This section seeks to introduce the target readers to the concepts of cultural diversity and cultural rights, and to strengthen their understanding of the importance and need to protect and promote cultural diversity and rights. Section 2: Evolution of policies and initiatives on cultural diversity and rights This section presents background information on the various international and national policies and initiatives in the area of cultural diversity and rights. It explains the origin and evolution of major international and national policies, and presents those that are currently relevant. Section 3: International policies on cultural diversity and rights In this section, the provisions of the main current international policies on cultural diversity and rights are highlighted and explained in a user-friendly manner. The presentation and language take into consideration that some categories of readers (such as rural youths, women and indigenous people who are the main target) may not be able to understand the original texts as a result of their low level of education.

Section 4: National initiatives to protect and promote cultural diversity and rights In section 4, initiatives put in place by the Cameroon government in view of protecting and promoting cultural diversity and rights are highlighted and explained. 1.4 WHO IS THIS HANDBOOK FOR? The main audience targeted by this HANDBOOK are as follows: Representatives of vulnerable groups (leaders of womenâ&#x20AC;&#x2122;s groups, youth associations and ethnic minority communities) Traditional leaders These include village chiefs and indigenous community leaders (Fons and Ardos) and their close collaborators (such as traditional councillors). These stakeholders are often referred to as the custodians of the culture of the people they are leading. Local administrative authorities Local and regional administrative leaders. Officials of relevant sector ministries Local, regional and national level officials of ministries in charge of culture, social affairs, youth affairs, womenâ&#x20AC;&#x2122;s affairs etc.) Civil society and the press

2. SECTION 1. UNDERSTANDING DIVERSITY AND RIGHTS

CULTURAL

1.1 What is culture? Culture refers to the knowledge, ideas, believes, and social behaviour of a particular group of persons or a society, which makes them to be different from other groups or societies. The knowledge, ideas and believes that distinguish a group from other groups can be manifested through their religion, their language, their dresses and how they wear them, their music and dance, their crafts, their food and how they cook and eat, how they greet people, what they value most etc. There may be similarities in some of these things among many groups or societies, but a group is considered as culturally distinct when most of these characteristics are common among its members. In other words, people who belong to a particular culture can always be identified through these characteristics or a majority of them. These characteristics jointly form their cultural identity. It should be noted that people could learn and adopt the characteristics of a cultural group or society other than the one to which they initially belonged. If a child leaves his parents as a teenager and lives the rest of his life in a completely different cultural setting, he/she could learn and adopt the religion, dressing pattern, language and other aspects of the new culture to which he/she has been exposed. This means that the culture of an individual or the characteristics that make an individual to 5

be identified as member of a particular cultural group are socially acquired. 1.2 What are Cultural Goods and Services? Cultural goods Some of the consumer goods produced by a culturally distinct group or society reflect their distinctive knowledge, ideas and believes. Others have particular meanings or symbolize things or events that are important to a culturally distinct group or society. Such consumer goods are referred to as cultural goods. Examples of cultural goods are fashion products (such as traditional dresses, necklaces, caps etc.), carvings and drawings, and utensils (such as clay pots, decorated calabashes, cups, baskets etc.). Cultural goods are different from other consumer goods because of the meaning that people attach to them. Their importance is not determined by their usefulness. They are valued because of what they symbolize or what they remind people of. Cultural services People have the tendency to be jealous of their culture. They seek to protect, express and enjoy their culture. In so doing, they may need certain services. If someone creates a museum to preserve cultural goods, he/she is providing a service for those who are jealous of their culture and want to protect and preserve it. When someone organizes a cultural event, he/she is providing those who want to express their culture an 6

opportunity to do so. Any service that aims to satisfy a cultural interest is referred to as a cultural service. Other examples of cultural services include music recording and distribution services, copyright services (for the protection of music and other artistic works or goods), cultural information services, library services and services that facilitate the production, preservation and distribution of cultural goods. Cultural services also refer to the non-material benefits that people obtain from places (habitats and the ecosystem). For example, if people are always reminded of their cultural background and they feel at home when they visit a particular place, then that place is providing them with a cultural service. If there is something somewhere that a group of persons worship and they go there regularly for the purpose of worship, then that place is providing them with a cultural service. If people have a special spiritual experience when they visit a certain place, that place is providing a cultural service. Cultural heritage Heritage means property that is inherited or passed down from one generation to another. Cultural heritage refers to both material and immaterial aspects of a culture that are passed down from one generation to another. Examples of material things that can be considered as part of the cultural heritage of a society or a cultural group are artifacts (drawings, carvings, instruments etc.), monuments, historical buildings and historical towns, natural and artificial touristic sites, archeological sites etc. Examples of immaterial things that can be considered as part of cultural heritage are music, rituals, knowledge and skills 7

(such as indigenous knowledge and skills) transmitted from generation to generation within a community. 1.3 What is cultural expression? Cultural expressions are those expressions that result from the creativity of individuals, groups and societies that have cultural content. The knowledge, ideas and believes that form our culture are reflected in our language, the way we do certain things and relate with one another, what we produce and the way we choose to do those things 1.4 What is cultural diversity? Cultural diversity refers to the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. Today, no matter where we find ourselves, we meet people with different languages, religions, beliefs, race/ethnic group, music, dance or food. Be it at work, school, church or community! Cameroon has over 250 different ethnic groups, with as many languages and different religious beliefs and practices. At times within 10 miles there are as many as 7 villages with different local languages and traditional beliefs. These differences make up the cultural diversity of a community. The more the differences, the greater the diversity, and richer the culture of the community. 8

1.5 What are cultural rights? The right to preserve and develop our cultural identity, as well as the right to protect endangered cultures! Cultural rights are human rights that guarantee us the freedom to access and participate in the culture of our choice. Cultural rights mainly aim at ensuring the enjoyment of our culture and its components in conditions of equality, human dignity, and nondiscrimination. This is recognized in Article 27 of the Universal Declaration of Human Rights that states “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” 1.6 Cultural diversity and inter-ethnic or inter-cultural conflicts

The existence of conflicts in our communities can at times be traced to the following a) misunderstandings between different religious or ethnic groups; b) cultural ignorance and insensitivity; c) lack of awareness of different societal lifestyle practices; d) differences in cultural practice; e) differences in perception of illness and treatment in communities; f) miscommunication and misinterpretation of cultural practices. A simple example is the misinterpretation of why Mbororo men always have a walking stick and a knife. While non-Mbororo people could consider this as evidence of “the violent nature of Mbororo herders”, to the Mbororo man, a stick and knife are vital tools for their main livelihood, cattle herding. The knife is handy if cow has an accident and needs to be unexpectedly slaughtered. The stick helps to control or wade off cattle in case of an attack. 9

3. SECTION 2: EVOLUTION OF POLICIES AND INITIATIVES ON CULTURAL DIVERSITY AND RIGHTS 2.1

History of international policies on cultural diversity and rights Cultural diversity became an issue in international law with the creation of UNESCO in 1946. According to Article 5 of its constitution, the purpose of UNESCO is to contribute to peace and security by promoting collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for the human rights and fundamental freedoms which are affirmed for the peoples of the world, without distinction of race, sex, language or religion, by the Charter of the United Nations. Since its creation, UNESCO has helped to create awareness of the importance of cultural diversity by spearheading international events (such as conferences) and the development of several policy instruments (treaties/conventions) on the protection and promotion of cultural diversity. Key instruments that have recognized that have recognized the importance of cultural diversity and rights include: Universal declaration of Human Rights (1948) Article 22 recognizes that “everyone…is entitled to the realization, through national effort and international cooperation…, of the economic, social and cultural rights indispensable for his dignity and the free development of his 10

personality.” Article 27 guarantees the right to “participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits” and the right of an author to benefit from his/her own scientific or creative work. Declaration of the principles of international cultural cooperation (1966) This declaration affirms the “value and dignity” of each distinctive culture and “the right and duty of every people to develop its culture.” It recognizes that “cultural co-operation is a right and a duty for all peoples and all nations, which should share with one another their knowledge and skills.” International convention on economic, social and cultural rights (1966) In Article 15, this convention recognizes the right of every person to take part in cultural life,” to “enjoy the benefits of scientific progress and its application” and to “benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he/she is the author. International convention on civil and political rights (1966) Article 27 says that in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.

Convention on the protection of the world cultural heritage (1972) Article 4 of the convention recognizes each state’s “duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage … situated on its territory.” In order to achieve this, the convention establishes an Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value (“World Heritage Committee”). Convention on the elimination of all forms of discrimination against women (1979) Article 13 formulates state obligation to ensure for women “the right to participate in recreational activities, sports and all aspects of cultural life” on a basis of gender equality. African Charter on Human and Peoples’ Rights (1981) The charter recognizes that “civil and political rights cannot be dissociated from economic, social and cultural rights. It protects the right to cultural development and participation in the cultural life of the community and imposes a duty on member states to promote and protect “morals and traditional values recognized by the community.”

Mexico City declaration on cultural policies (1982) This declaration outlines the value of cultural identity, its role in development, and the principles that governments should follow in order to foster cultural development and expression. It 12

defines the role of the government in fostering cultural education, preventing discrimination, and financing cultural cooperation. ILO Convention 169 (1989) This convention protects indigenous people’s cultural rights and traditional lands. Article 2(b) requires governments to take positive measures for “promoting the full realization of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions.” Convention on the rights of the child (1989) Article 30 guarantees that a child belonging to an ethnic, religious or linguistic minority, or of indigenous origin, “shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.” Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities (1992) This declaration demands that states protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories by protecting free expression and encouraging conditions for the promotion of that identity.

The convention on biological diversity (1992) Article 8(j) requires each country that is a signatory to the convention â&#x20AC;&#x2DC;subject to its national legislation, [to] respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustained use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.â&#x20AC;? Vienna Declaration and Program of Action (1993) This declaration reaffirms previous declarations regarding the rights of free expression and the rights of indigenous persons and minorities to freely practice and cultivate their own cultures. The declaration emphasizes governmentsâ&#x20AC;&#x2122; responsibility of ensuring the right to development and eliminating all forms of discrimination. It raises concerns regarding the role of poverty in preventing people from fully expressing their rights and the tension between traditional practices and respect for the rights of women. Universal declaration on cultural diversity (2001) This declaration reaffirms the value of cultural diversity, cultural heritage, and cultural pluralism, both as intrinsic rights and as being instrumental to democracy and development. It outlines the role of UNESCO in fostering international cooperation to achieve these ends. The declaration was an 14

important first step to the development of standards on cultural diversity protection in the draft Convention on the Protection of Diversity of Cultural Contents and Artistic Expressions (2003). These standards were later developed into the 2005 UNESCO Convention on the protection and promotion of cultural diversity. Convention for the safeguarding of intangible cultural heritage (2003) This convention adopted under UNESCO, redefines the concept of culture as a living phenomenon to include “the practices, representations, expressions, knowledge, skills - as well as the instruments, objects, artifacts and cultural spaces associated therewith - that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.” State parties undertake to adopt comprehensive measures to safeguard their national intangible heritage, while ensuring “the widest possible participation of communities, groups and, where appropriate, individuals that create, maintain and transmit such heritage, and to involve them actively in its management.” The convention has special relevance for community and linguistic rights, which are crucial for the preservation and transmission of the intangible heritage. Convention on the protection and promotion of the diversity of cultural expressions (2005) Following the Universal Declaration on Cultural Diversity (2001), which expressed concerns about globalization, UNESCO member states initiated the development of a draft convention on cultural diversity in 2003. This convention is the 15

first attempt to create an international legal instrument on cultural diversity. The convention was later adopted in a conference in Paris in 2005.It recognizes the rights of states to adopt policies that would protect cultural diversity on their territory, and emphasizes the link between culture and development. 2.2

Evolution of national initiatives on cultural diversity and rights Cameroon cultural diversity is enshrined in the Preamble of the 1972 Constitution as follows: â&#x20AC;&#x153;Proud of our linguistic and cultural diversity, an enriching feature of our national identity, but profoundly aware of the imperative need to further consolidate our unity, solemnly declare that we constitute one and the same Nation, bound by the, same destiny, and assert our firm, determination to build the Cameroonian Fatherland on the basis of the ideals of fraternity, justice and progress.â&#x20AC;? This recognition is governmentsâ&#x20AC;&#x2122; commitment to ensure that the rich and varied heritage of our communities are respected and protected! The above Preamble was added to the Constitution in 1972 after the Federal structure was change to the United Republic of Cameroon. The creation of the 1972 Ministry of Information and Culture was an indicator that the government was interested in the promotion and protection of our cultural heritage. The 16

appellation later evolved to the Ministry of Culture in 1995. In 2011, it was changed to the current appellation; Ministry of Arts and Culture. Apart from the Preamble of the Constitution there are no Laws on cultural diversity adopted by Cameroon. Cameroon ratified the UNESCO Convention on 22/11/2006. In 2001 Decree No. 2001/389 of December 5 created the Compte d’Affectation Spéciale pour le Soutien de la Politique Culturelle (The Special Appropriations Account for Support to Cultural Policy)is another indicator of governments interest in promoting and protect Cameroon’s rich cultural heritage.

4. SECTION 3: UNDERSTANDING POLICIES AND INITIATIVES ON CULTURAL DIVERSITY AND RIGHTS 3.1

International policies and initiatives on cultural diversity/rights Articles in various international declarations and conventions on human rights, especially the rights of vulnerable groups, emphasize the importance of, and the need to protect cultural rights (or the right to cultural expression). However, there are two main international instruments that specifically focus on cultural diversity and rights. These are the Universal Declaration on Cultural Diversity and the UNESCO Convention on the Protection and Promotion of the Expression of Cultural Diversity. The content of these two instruments are highlighted in the following paragraphs. 3.1.1 Universal Declaration on cultural diversity This declaration was adopted at the 31st General Conference of UNESCO on November 2, 2001.Participants at this general convention were inspired by existing instruments and the UNESCO Constitution to come out with, and adopt this declaration, which was the main outcome of the said general conference. The preamble of the declaration states that respect for cultural diversity, tolerance and cooperation are among the best guarantees of international peace and security. The desire is that there should be greater solidarity among parties to this 18

declaration based on the recognition of cultural diversity, increased awareness of the unity of humankind, and the development of intercultural exchanges. The declaration is made up of 12 articles, grouped under 4 thematic areas as follows: I. Identity, Diversity and Pluralism (Articles 1-3) Article 1 - Cultural diversity: the common heritage of humanity This first article emphasizes the importance of cultural diversity. It describes cultural diversity as a source of exchange, innovation and creativity. According to this article, cultural diversity is as necessary for humankind as biodiversity is for nature. For this reason, there is the need to recognize and understand the role of cultural diversity and its benefits to the present as well as future generations. Article 2 - From cultural diversity to cultural pluralism This article recognizes that our societies are becoming more and more diverse. In other words, almost every society increasingly has people from different countries and ethnic groups, with different cultural backgrounds, speaking different languages and practicing different religions. With this increasing diversity, the likelihood of misunderstanding and conflict is likely to also increase. This article therefore emphasizes the need for each country or society to develop policies that promote inclusion and acceptance of every cultural group. Respect for cultural diversity, acceptance and a situation 19

where people freely express their culture, constitute the starting point for a peaceful society. Article 3 - Cultural diversity as a factor in development Article 3 considers cultural diversity as an important factor in development. We have the tendency look at development only in terms of economic growth. However, development also involves other aspects of life such as education, freedom, happiness etc. Cultural diversity provides us with a wider range of options and possibilities for achieving our intellectual, emotional, moral and spiritual needs, and is therefore very important as a factor in development. II. Cultural diversity and human rights (Articles 4-6) Article 4 - Human rights as guarantees of cultural diversity This article indirectly recognizes that people can possibly use cultural diversity as an excuse to violate the rights of others. According to this article, the right of a group of people to express their culture (such as to speak their language, to practice their religion and to dress according to their culture) is as important as their other human rights and fundamental freedoms. The article lays emphasis on the rights of minorities and tribal peoples (because the cultures of these particular groups are often violated in multicultural contexts). Respecting cultural diversity is therefore very important because it implies the respect of human rights in general. Article 5 - Cultural rights as an enabling environment for cultural diversity This article is in line with Article 27 of the Universal 20

Declaration of Human Rights which states: â&#x20AC;&#x153;Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.â&#x20AC;?This article has three implications: - That everyone has the right to express himself/herself and to create and distribute his/her work (such as music, poems, drama etc.) in the language of his/her choice, particularly in his/her native language. - That everyone is entitled to quality education and training that fully respects all peoples for who they are regardless of their culture, gender or race. - That everyone has the right to be a part of the cultural life of his or her choice and to practice their cultural traditions, so long as, in doing so, they respect human rights and fundamental freedoms. The ability of everybody to express their culture and participate in the cultural life of their community leads to friendship, peace, unity and harmony thereby promoting diversity. Article 6 - Towards access for all to cultural diversity This article is indirectly talking about cultural dialogue and access to information. It emphasizes the need for people to freely tell others about their culture (i.e. to express their ideas and beliefs) and to receive information about othersâ&#x20AC;&#x2122; cultures, in any language of their choice. It also emphasizes the need for people of different cultural backgrounds to have equal access to arts, scientific and technological information. Cultural diversity is therefore ensured through the ability for people to freely 21

express themselves in the language of their choice, and to have equal access to information and knowledge in the domains of arts, science and technology. III. Cultural diversity and creativity (Articles 7-9) Article 7 - Cultural heritage as the wellspring of creativity This article recognizes the importance of cultural heritage in the promotion of creativity. We are inspired by the tangible and intangible heritage that was handed down to us by our forefathers to create new things. We can also be stimulated by the cultural heritage of other people to create new things. There is therefore the need to value and preserve cultural heritage in all its forms. Article 8 - Cultural goods and services: commodities of a unique kind Article 8 emphasizes the specific nature of cultural goods and services, which represent cultural identity, values and meaning. The article calls for particular attention to be paid to this specificity of cultural goods and services and to the diversity of the supply of creative work, and to due recognition of the rights of authors and artists. Article 9 - Cultural policies as catalysts of creativity In article 9, the declaration calls on member states to put in place appropriate policies and initiatives to support the production and distribution of cultural goods and services at national and international levels. This support could be financial, legislative, or involve other measures such as regulating the sector. 22

IV.

Cultural diversity and international solidarity (Articles 10-12) Article 10 - Strengthening capacities for creation and dissemination worldwide Considering the huge imbalance in the production and global distribution of cultural goods and services, this article stresses the importance of international cooperation towards the establishment of viable cultural industries, especially in developing countries. The international community must empower all countries, especially developing countries, to support local cultural industries, including film, music and literature, so that they become sustainable at both national and international levels. The distribution of cultural goods and services should benefit the community they come from. Article 11 - Building partnerships between the public sector, the private sector and civil society This article recognizes the need for partnerships between governments, the private sector and the civil society for the promotion of cultural diversity. International trade provides opportunities for intercultural exchanges (of cultural goods and services), but market forces alone are not enough to protect and promote cultural diversity. Countries must therefore put in place public policies and initiatives to protect and promote cultural diversity, in partnership with businesses and civil society.

Article 12 - The role of UNESCO UNESCO, by virtue of its mandate and functions, has the responsibility to:  Promote the incorporation of the principles set out in the present Declaration into the development strategies drawn up within the various intergovernmental bodies;  Serve as a reference point and a forum where States, international governmental and nongovernmental organizations, civil society and the private sector may join together in elaborating concepts, objectives and policies in favour of cultural diversity;  Pursue its activities in standard-setting, awareness-raising and capacity-building in the areas related to the present Declaration within its fields of competence;  Facilitate the implementation of the Action Plan, the main lines of which are appended to the present Declaration. 3.1.2 Convention on the protection and promotion of the expression of cultural diversity The convention on the protection and promotion of the diversity of cultural expression was adopted during the 33rd Session of the General Conference of UNESCO that held in Paris from 3 to 21 October 2005. This convention can be considered as one of the most important milestones in international policy on cultural diversity and rights. This is because through it, the international community formally recognized the importance of cultural diversity to 24

sustainable development, and the need to consider it as a strategic element in the formulation of national and international development policies. In its preamble, the convention also emphasizes the need for tolerance, social justice and mutual respect between peoples and cultures as preconditions for peace and security at local, national and international levels. The declaration consists of 35 Articles grouped into 7 sections as follows: I. Objectives and guiding principles (Articles 1 and 2) Article 1.Objectives of the Convention In summary, the convention aims to protect and promote the diversity of cultural expression while encouraging cultural dialogue and exchanges. This is expected to lead to increased tolerance and mutual respect between peoples and cultures thereby contributing to peace and security at local, national and international levels. The convention also seeks to emphasize the link between cultural diversity and sustainable development and to strengthen international cooperation while reaffirming the sovereign rights of States to formulate and implement policies for the protection and promotion of the diversity of cultural expression within their respective territories. Article 2. Guiding principles The convention was elaborated on the basis of 8 principles namely: ď&#x201A;ˇ Principle of respect for human rights and fundamental freedoms: Cultural diversity can only be protected and 25

promoted successfully if human rights and freedoms (such as freedom of expression) are respected.  Principle of sovereignty: States have the sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions within their territory.  Principle of equal dignity of and respect for all cultures: The protection and promotion of the diversity of cultural expressions presuppose the recognition of equal dignity of and respect for all cultures, including the cultures of persons belonging to minorities and indigenous peoples.  Principle of international solidarity and cooperation: This is necessary as it will enable countries to create and strengthen their various means of cultural expressions at local, national and international levels  Principle of the complementarity of economic and cultural aspects of development: The cultural aspects of development are as important as the economic aspects  Principle of sustainable development: The protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations  Principle of equitable access: Equitable access to the means necessary for people to express their culture and to show it to others, is an important element for enhancing cultural diversity and encouraging mutual understanding. 26

ď&#x201A;ˇ Principle of openness and balance: States are expected to promote openness to other cultures of the world in line with the objectives of this convention, as part of efforts to support the diversity of cultural expressions. II. Scope of application Article 3. Scope of Application This Convention applies to the policies and measures adopted by the Parties related to the protection and promotion of the diversity of cultural expressions. III. Definitions Article 4.Definitions This article defines some key words in the domain of cultural diversity. Some of these key words have been defined in Section 1 of this HANDBOOK. IV. Rights and obligations of Parties This section comprises 15 articles (Articles 5-19) on the rights and obligations of the parties to the convention as agreed at the Paris Conference. Article 5. General rules regarding rights and obligations This article recognizes the sovereign rights of states to develop and implement their own policies and measures to protect and promote cultural diversity. The parties however agreed that such policies and measures must be consistent with the provisions of this convention.

Article 6. Rights of parties at the national level This article suggests some of the measures that states could adopt in order to protect and promote cultural diversity within their respective territories. These measures include: a) Regulatory measures; b) Measures that provide opportunities for the creation, production, dissemination, distribution and enjoyment of domestic cultural activities, goods and services; c) Measures to improve on access to means for domestic independent cultural industries and the informal sector to produce, disseminate and distribute cultural goods and services; d) Measures aimed at providing public financial assistance; e) Measures to encourage NGOs, public and private institutions, artists and other cultural professionals, to develop and freely exchange cultural ideas, expressions, goods and services, and to stimulate both the creative and entrepreneurial spirit in their activities; f) Measures aimed at establishing and supporting public institutions, as appropriate; g) Measures to support artists and others involved in the creation of cultural expressions; h) Measures to enhance diversity of the media, including through public service broadcasting.

Article 7. Measures to promote cultural expression While Article 6 above is about measures to protect and promote cultural diversity, Article 7 requires Parties to create in their territory an environment that encourages individuals and groups to create, produce and distribute cultural expressions, and to access cultural expressions from within and out of their national territories. In doing so, they are expected to pay particular attention to the needs and circumstances of women, minorities groups and indigenous peoples. Parties are also expected to recognize the important contribution and role of artists and others involved in the promotion of the diversity of cultural expressions. Article 8. Measures to protect cultural expression This article requires Parties to take appropriate measures to protect and preserve cultural expressions in their territories, especially those cultural expressions that are at risk of extinction or are under serious threats. This must however be done in a manner that is consistent with the provisions of this convention. Article 9. Information sharing and transparency Article 9 requires Parties to designate a focal point responsible for information sharing and to effectively share information with UNESCO and other actors on measures they have taken to protect and promote the diversity of cultural expressions within their territory and at the international level.

Article 10. Education and public awareness According to this article, parties are to develop and implement public awareness programmes to promote understanding of the importance of the protection and promotion of cultural diversity. The article also requires parties to encourage creativity and support the production of cultural goods and services. However, this should be done in a way that does not have a negative impact on traditional forms of production. Article 11. Participation of civil society Parties are expected to encourage the active participation of the civil society in their efforts to achieve the objectives of this Convention. Article 12. Promotion of international cooperation Article 12 calls on parties strengthen cooperation with other countries in creating favorable conditions for the promotion of the diversity of cultural expressions. The objectives of such cooperation are: a) To facilitate dialogue among Parties on cultural policy; b) To enhance the capacity of relevant public sector institutions through professional and international cultural exchanges and sharing of best practices; c) To reinforce partnerships among and between civil society organizations and the private sector in promoting the diversity of cultural expressions; d) To promote the use of new technologies to enhance information sharing and cultural understanding, and to promote the diversity of cultural expressions; 30

e) To encourage the conclusion of co-production and codistribution agreements Article 13. Integration of culture in sustainable development Through Article 13, parties to the convention agree that they will seek to integrate culture in their development policies at all levels. By so doing, they are expected to create favorable conditions for sustainable development, and to protect and promote the diversity of cultural expressions as part of their development initiatives. Article 14. Cooperation for development Article 14 requires parties to support cooperation for sustainable development and poverty reduction, especially in relation to the specific needs of developing countries in order to promote the development of a dynamic cultural sector. The article suggests the following means by which parties can bring about this support: ď&#x201A;ˇ Strengthening of the cultural industries in developing countries through: ď&#x201A;ˇ Capacity-building through the exchange of information, experience and expertise, as well as the training of human resources in developing countries, in various domains such as policy development and implementation, promotion and distribution of cultural goods and services, small-, medium- and microenterprise development, the use of technology etc.; ď&#x201A;ˇ Creation of incentives for the transfer of technology and 31

knowhow, especially in the areas of cultural industries and enterprises;  Provision of Financial assistance to the cultural sector through the establishment of an International Fund for Cultural Diversity (see Article 18) and other forms of financial assistance such as low interest loans and grants;  Provision of technical assistance to stimulate and support creativity Article 15. Collaborative arrangements Through this article, parties are called upon to encourage partnerships among and between public, private and civil society actors and to cooperate with developing countries to enhance their capacities in the protection and promotion of the diversity of cultural expressions. Emphases are on the development of infrastructure, human resources and policies, as well as the exchange of cultural activities, goods and services. Article 16 – Preferential treatment for developing countries Article 16 calls on developed countries to facilitate cultural exchanges with developing countries by giving preferential treatment to artists and other cultural professionals and practitioners, as well as cultural goods and services from developing countries. Article 17 – International cooperation in situations of serious threat to cultural expressions Through article 16, parties engage themselves to cooperate in providing assistance to each other, and, in particular to 32

developing countries especially when their cultural expressions are being threatened. Article 18. International fund for cultural diversity  This article puts in place the International fund for cultural diversity and explains the sources of the resources of the said fund. According to the article, the resources for the fund shall come from:  Voluntary contributions made by Parties;  Funds put aside by the General Conference of UNESCO from its budget;  Contributions or gifts from countries, organizations and programmes of the United Nations system, other regional or international organizations; and public or private bodies or individuals;  Any interest due on resources of the Fund;  Funds raised through collections and receipts from events organized for the  benefit of the Fund;  Any other regulations.

resources

authorized

The use of resources of the Fund is decided by the Intergovernmental Committee (see Article 22).

the

Fund’s

Article 19. Exchange, analysis and dissemination of information This article focuses on exchange of information and the sharing of experiences on the diversity of cultural expressions. Parties agree to exchange information and to share expertise and best practices on the protection and promotion of the diversity of cultural expressions. UNESCOâ&#x20AC;&#x2122;s role at this level is to facilitate the collection, analysis and dissemination of all relevant information, statistics and best practices in the area of cultural expressions. It shall also establish and update a data bank on different sectors and organizations involved, with particular attention to capacity building. V. Relationship to other instruments Article 20. Relationship to other treaties: mutual supportiveness, complementarity and non-subordination This Article establishes the relationship between this Convention and other international treaties signed by parties to this convention. Through this article, they agree to foster mutual supportiveness between this Convention and the other treaties, which they have signed; and to take into account the relevant provisions of this Convention when interpreting and applying the other treaties they have signed or when entering into new treaties. No provision of this Convention shall be interpreted as modifying rights and obligations of the Parties under any other treaties they have signed. 34

Article 21. International consultation and coordination Through this article, Parties undertake to promote the objectives and principles of this Convention in other international forums. They are consequently expected to consult each other, as appropriate, while taking into consideration these objectives and principles. VI. Organs of the Convention This comprises three articles. The first two (Articles 22 and 23) establish and define the functions of the Conference of Parties and the Intergovernmental Committee respectively, while the third (Article 24) states the role of UNESCO Secretariat in the implementation of the Convention. Article 22. Conference of Parties Article 22 establishes the Conference of Parties, which is the supreme decision-making body of the Convention. It is made up of all the Parties to the Convention. It meets every two years in its ordinary session, but may in extraordinary session if the need arises. Its functions are:  To elect the Members of the Intergovernmental Committee;  To receive and examine reports of the Parties to this Convention transmitted by the Intergovernmental Committee;  To approve the operational guidelines prepared upon its request by the Intergovernmental Committee;  To take whatever other measures it may consider necessary to promote the objectives of this Convention. 35

Article 23. Intergovernmental committee Article 23 establishes an Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions, composed of representatives of 18 States Parties to the Convention (0r 24 if the number of Parties to the Convention reaches 50) elected for a mandate of four (04) years. The Intergovernmental Committee meets annually. Its functions are:  To promote the objectives of this Convention and to encourage and monitor the implementation thereof;  To prepare and submit for approval by the Conference of Parties, upon its request, the operational guidelines for the implementation and application of the provisions of the Convention;  To transmit to the Conference of Parties reports from Parties to the Convention, together with its comments and a summary of their contents;  To make appropriate recommendations to be taken in situations brought to its attention by Parties to the Convention in accordance with relevant provisions of the Convention, in particular Article 8;  To establish procedures and other mechanisms for consultation aimed at promoting the objectives and principles of this convention in other international forums;  To perform any other tasks as may be requested by the Conference of Parties.

The Intergovernmental Committee may invite public or private organizations or individuals to participate in its meetings for consultation on specific issues. Article 24. UNESCO secretariat According to this Article, the UNESCO Secretariat assists the Conference of Parties and the Intergovernmental Committee in their functions. The Secretariat prepares the documentation and agenda of the meetings of these two organs. It also assists in, and reports on the implementation of the decisions of these two organs. VII.

Final clauses

Article 25. Settlement of disputes This Article defines modalities for the settlement of conflicts that may occur between Parties concerning the interpretation or implementation of the Convention. According to this Article, conflicts shall be resolved through negotiation or mediation by a third party or through the Conciliation Commission put in place in accordance with procedures laid down in the lone annex to the Convention. Article 26 â&#x20AC;&#x201C; Ratification, acceptance, approval or accession by member states Article 26 states how countries can become Parties to the Convention. Member States of UNESCO can become Parties to the Convention either through ratification, acceptance/ approval or accession.

 Ratification: After adopting the Convention at the 33rd Session in October 2005, some States had to go back seek authorization from the relevant institutions of their countries (such as the National Assembly) before signing to be Party to the convention. In this case, the States are said to have become Parties by ratifying the Convention.  Acceptance or approval: This is almost similar to ratification. The only difference is that in the case of ratification, the relevant institution authorizes the Head of State to sign while in the case f acceptance or approval, the Head of State does not need to sign. In some countries, when the National Assembly accepts that the country should become party to a convention or treaty, it automatically acquires that status.  Accession: This is the case where States that were not part of the negotiation and adoption of the Convention are given the opportunity to become Parties to it. They read it, and if they are happy with its provisions, they sign to join the States that were already Parties. Article 27. Article 27 – Accession This Article offers member States of the United Nations that are not yet members of UNESCO, territories that have not yet attained full independence but have full internal selfgovernments recognized as such by the United Nations, and regional economic integration organizations the opportunity to become Parties to the Convention. Each of these potential Parties has different modalities for joining. The document 38

singed to attest to this accession must be submitted to the Director-General of UNESCO. Article 28 â&#x20AC;&#x201C; Point of contact Article 28 requires each Party to the Convention to designate a point of contact as referred to in Article 9 (on information sharing). Article 29 â&#x20AC;&#x201C; Entry into force According to this Article, it was envisaged that the Convention would enter into force three months after the date of deposit ofthe30th instrument of ratification, acceptance, approval or accession. In other words, the Convention effectively entered into force three (03) months after the date when the number of Parties reached 30. Article 30 â&#x20AC;&#x201C; Federal or non-unitary constitutional systems This Article recognizes that international agreements (such as this Convention) are binding on Parties regardless of whether they are unitary or federal States. In the case of a federal or non-unitary state, the implementation of some of the provisions of this Convention falls under the authority of the central government. In this case, the obligations of the central government shall be the same as for those Parties, which are not federal States. There are equally provisions whose implementation falls under the authority of the federal units (the states, regions, provinces etc.). In this second case, the central government is responsible for informing the competent authorities of the states or regions or provinces of the said provisions, with its recommendation for their adoption. 39

Article 31 â&#x20AC;&#x201C; Denunciation This Article is about withdrawal from the Convention. A state or a regional economic integration organization has the right to terminate its status of Party to the Convention. This must be done by submitting a notification (denunciation instrument) to the Director-General of UNESCO. This termination shall take effect 12 months after the receipt of the notification. The financial obligations of the Party denouncing the Convention shall remain valid until the date on which the withdrawal takes effect. Article 32. Depositary functions This Article requires the Director-General of UNESCO (who is the depositary of this Convention) to inform member States as well as non-member States, regional economic integration organizations and the UN about new Parties and withdrawals from the convention. Article 33. Amendments This Article provides for Parties to this Convention to suggest amendments (in writing to the Director-General). The proposed amendments must be adopted by two-thirds majority of Parties and submitted to members for ratification, acceptance, approval or accession. The amendments enter into force three months after ratification by two-thirds of Parties (for those that have ratified, accepted, approved or acceded to these amendments. For the rest of the Parties, the amendments shall enter into force for them three months after they have ratified, accepted, approved or acceded. Exceptionally, any amendment of Article 23 (relating to the number of members of the Intergovernmental 40

Committee), any amendment enters into force immediately it is adopted. Article 34. Authoritative texts This Convention has been drawn up in six languages, namely Arabic, Chinese, English, French, Russian and Spanish. This Article stipulates that all six are equally authoritative. Article 35. Registration According to the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of UNESCO.

5. SECTION 4: NATIONAL INITIATIVES TO PROTECT AND PROMOTE CULTURAL DIVERSITY AND RIGHTS Cameroon acceded to the Convention in November 2016 and does not have any exiting national laws. However government as a couple of activities and initiatives that aims at promoting cultural diversity and rights. These include:National Festival of Arts and Culture known more by its French acronym (FENAC) was created by Presidential Decree No. NÂ°91/193 of April 08, 1991. The event started as Cameroon Cultural Week, then Festival of Arts and Culture (Festival des Arts et de la Culture - FESTAC), and finally FENAC with the aim of promoting Cameroonâ&#x20AC;&#x2122;s cultural heritage Festival of Music and Heritage Dances (Festival de Musique et Dance Patrimoniales - FESMUDAP) is the fruit of the resolutions of FENAC 2016 that recognized the need for the promotion of traditional treasures, involve youths in culture and foster national unity. Other initiatives include the Law No. 2000/011 of December 19, 2000 on Copyright and Neighbouring Rights. This law ensures that those involved in the creative industries enjoy the financial benefits accruing from their work. The most recent initiative of the government is the creation of the National Commission for the Promotion of Bilingualism and Multiculturalism created by Decree No: 2017/013 of the 42

23rd January 2017. Like the name implies aims to promote the diversity of Cameroon. One key area of focus is strengthening the peopleâ&#x20AC;&#x2122;s willingness and day to day experience with respect to living together.

Contact us: Carmel MORAN United Purpose BP 25488, Dakar-Fann, Senegal E-mail: Carmel.Moran@united-purpose.org Website: www.united-purpose.org Sali Django Mbororo Social and Cultural Development Association (MBOSCUDA) P.O. Box 221, Bamenda, North West Region, Cameroon E-mail: mboscuda@yahoo.co.uk Website: www.mboscuda.org Germaine Njeh Nuk North West Farmers' Organization (NOWEFOR) P.O. Box 842, Bamenda, North West Region, Cameroon E-mail:noweforbamenda@yahoo.com Website:www.nowefor.org