| 
      PublicFTAA.soc/civ/117
 November 26, 2003
 
 Original: Spanish
 Translation: FTAA Secretariat
 FTAA - 
      COMMITTEE OF GOVERNMENT REPRESENTATIVES ON THE PARTICIPATION OF CIVIL SOCIETY
 
      CONTRIBUTION IN RESPONSE TO THE OPEN AND ONGOING INVITATION
 
 
        
        
          
            | Name(s) | Paulo Slachevsky, Mane Nett, Bruno Bettati, Juan Carlos 
      Saez, Silvia Aguilera |  
            | Organization(s) | CHILEAN COALITION FOR CULTURAL DIVERSITY (COALICIÓN CHILENA 
      PARA LA DIVERSIDAD CULTURAL) |  
            | Country | CHILE |  
 Culture in the Free Trade Agreement 
      of the Americas Chilean Coalition for Cultural 
      Diversity The Chilean Coalition for Cultural 
      Diversity (Coalición Chilena para la Diversidad Cultural) is an umbrella 
      group created in 2001 that now comprises twenty Chilean cultural 
      associations that advocate and promote cultural diversity. With regard to 
      the treatment of trade in cultural goods and services within the FTAA, the 
      Coalition considers that:  1. Culture is closely linked to the 
        possibility of constructing a more just and democratic society. Cultural 
        development is an end in and of itself, as 
        acknowledged by UNESCO, and to flourish, it requires a framework of 
        freedom, the coordination of public policy, and actions by private 
        parties and civil society to “transcend the economy without thereby 
        abandoning it” (See report entitled Our Creative Diversity, 
        UNESCO).2. Cultural development seeks to 
        ensure countries’ comprehensive development. 
        Although Chile is among the countries that have gone 
        the furthest in signing free trade agreements, Chilean President Ricardo 
        Lagos has said, “We cannot take the road of being mere passive 
        recipients of cultural objects and values produced elsewhere. For 
        globalization to be a dialogue among cultures rather than the hegemony 
        of one culture over others, it is essential that we now assume tasks to 
        stimulate and favor our own creations and heritage, and to encourage the 
        participation of all. The debate on cultural goods plays a fundamental 
        role in free trade agreements, and we must be able to adequately defend 
        these goods. This is because hegemony is exerted in many fields, but, 
        ultimately, ideas, beauty, the way of thinking, that which comes from 
        our roots [is] what perseveres and what allows for a dialogue among 
        civilizations. . . . Culture is the foundation, the component, the goal 
        of the type of development of each society, of each country. . . . 
        Culture is at the center of any civilization, of any society.”
 3. Culture is a society’s expression 
        and projection. Alongside education, 
        culture is the very backbone of development. It allows countries to 
        develop their own identity and trademarks and enables societies to exist 
        over the long term. In that construct, which has social and economic 
        effects, domestic cultural industries play a fundamental role.
 4. Culture must not be absorbed by 
        trade. 
        Cultural development, understood 
        broadly as “the set of distinctive traits that characterize a people’s 
        or a society’s way of living” and “ways of living together” (UNESCO), 
        cannot be principally governed by the rules of trade, which has its own 
        logic and is not always coherent and compatible with the logic of 
        culture.
 5. Cultural creation and industries 
        generate a collective identity and are therefore strategic. 
        "There is no individual identity without reference to 
        a collective identity” correctly notes Chilean political scientist 
        Norbert Lechner. Without its own identity, a country cannot foster its 
        “own trademark” or have exportable products in which the denomination of 
        origin is one more factor. Moreover, the existence of a country image 
        makes a nation more attractive for tourism and investment. Hence, each 
        country’s cultural industries play a strategic role for the purpose of 
        strengthening development and growth.
 6. In the globalization process, 
        concentration brings about standardization. 
        Transnational concentration in the ownership of 
        cultural industries has brought about widespread standardization of 
        cultural content, marked by cultural imperatives (Ivan Bernier). This 
        phenomenon is reinforced by the digital divide and by unequal 
        development in the technological sphere. This imposes a given type of 
        production over others, seriously threatening the diversity of cultural 
        expressions and, therefore, cultural diversity.
 7. Local cultures require a 
        commitment from governments. Cultures are 
        going through complex times in globalization: as the processes of 
        cultural reproduction of dominant cultures over local production 
        increase, the characteristic stamps of local identities are falling 
        apart, mercantile logic prevails as the regulating core in the set of 
        cultural production and distribution. In order to achieve equilibrium, 
        countries need to participate more actively in encouraging the 
        sustainability of their own cultural expressions. In economic terms, 
        there is not, nor will there be, equal competition between global mass 
        products and local cultural products.
 8. The market has been shown to not 
        be a guarantor of the equitable and diverse development of culture. We stakeholders in the world of culture do 
        not seek to limit cultural exchange among countries-quite the contrary. 
        We are, however, opposed to the rules that serve as the basis for free 
        trade agreements and that accompany the signing of these agreements-such 
        as “national treatment,” the “most favored nation” clause, and “market 
        access”-being applied to the cultural sphere, since they limit or 
        inhibit the possibility of developing public policy, leaving it solely 
        in the hands of the market and its “invisible forces.” As such public 
        policies have limited resources, they must discriminate in order to be 
        effective, not by closing borders but by supporting local creation and 
        production through diverse mechanisms. The possibility of discriminatory 
        action should be safeguarded with regard to education, culture, and 
        native peoples in the present and for the future.
 9. Bilateral, regional, or 
        multilateral trade agreements may neutralize governments’ cultural 
        policies. This concentration can be 
        expressed in the following numbers: 85 percent of the movies shown 
        throughout the world are made in Hollywood; five or six groups control 
        the record industry; diverse publishing houses have been increasingly 
        concentrated by large consortia that span borders and languages. This 
        domination of the “entertainment industries” is occurring despite the 
        existence of government cultural regulations, which have begun to be 
        nullified through international trade agreements. The search for total 
        market control, which could be successful if public policies in the 
        sector are constrained, can be explained by the fact that as far back as 
        1996, cultural exports were the United States’ leading category of 
        exports, as noted in a UNESCO study.
 10. Future cultural policies must not 
        be restricted by today’s trade agreements. 
        Since we currently do not have the elements to define 
        what public cultural or educational policies will be necessary in the 
        future in order to preserve local cultural expressions, we cannot accept 
        limitations on the leeway afforded to those who now decide or who in the 
        future will decide on cultural policies. The stipulations of these 
        agreements are nearly irreversible; hence, it would be an extremely 
        serious matter if rigid trade rules were imposed on sectors whose 
        essence is not related to trade per se.
 11. Culture and democracy cannot be 
        validated by criteria based on “comparative advantages.” 
        Can we allow entire countries to be precluded from 
        the possibility of generating music, literature, film or theater because 
        they are not competitive? This criterion is valid with regard to 
        commercial issues, when we think of a globalized world; however, it 
        cannot be dogmatically applied to the cultural sector. An international 
        division of labor in cultural matters, with some countries producing and 
        others only receiving, is unacceptable.
 12. Governments must preserve their 
        citizens’ potential to take part in cultural creation and production. Just as citizens need rights allowing them 
        to be participants in the society in which they live, without being 
        subsumed by the logic of government and state, the stakeholders in the 
        world of culture, such as the cultures of native peoples, have no real 
        market freedom if a structure of rights is not created to protect them 
        against consortia with which they cannot and do not hope to compete. 
        Successful coexistence requires that governments implement policies to 
        ensure balance and promotion for the sake of local identities and their 
        cultural creation/production. This architecture of cultural policies 
        must be freely discussed by society without being limited a priori.
 13. A multicultural, reciprocal 
        exchange builds and enriches culture.
        The 
        facts show that, in this aspect as well, governments must add proactive 
        policies to the market logic, policies that foster greater balance and a 
        meeting of cultures.
 14. All citizens have the right to 
        have access to and experience cultural diversity. 
        Cultural diversity is a crucial factor in integration 
        among peoples. It acts as a catalyst for creativity and as a very 
        important source of innovation. Citizens’ exposure to diverse cultural 
        expressions is also an unavoidable condition for improving their quality 
        of life.
 15. An instrument to ensure cultural 
        diversity has become urgently needed. At 
        the end of World War II, a series of international institutions were 
        created so as to guard against any repetition of the history of terror. 
        These institutions include the UN, UNESCO, UNCTAD, and the GATT 
        accord-which years later became the WTO-among others. We do not believe 
        that the principles of one of the organizations-the WTO-should now 
        dominate the efforts of all the others. Thus, it is essential, not only 
        for culture but also for human development per se, to promote 
        international regulations that will dovetail with the WTO’s trade logic. 
        The development of an International Convention on Cultural Diversity has 
        become a necessary step to strike a balance between the diverse 
        perspectives of human endeavors, and until that time, commitments in 
        this regard in international trade forums should be frozen.
 16. Intellectual property must be at 
        the service of a nation’s creators and wealth. 
        Cultural endeavors generate creations that involve 
        intellectual rights. Such creations are the inalienable wealth of their 
        authors, as well as of the society to which they belong. These criteria 
        are the foundation for intellectual property regulations. Therefore, we 
        cannot accept these principles being reduced to commercial pragmatism, 
        which would thereby give these rights to encroachers or commercial 
        producers.
 17. Changes in the laws that govern 
        intellectual property rights are incumbent on citizens, since they 
        necessarily compromise the country’s future. 
        While unequal trade between the nations of the North 
        and the South has increased exponentially in recent decades, the 
        denouncement of this reality has strangely been abandoned. Regulations 
        concerning intellectual property rights play a substantial role in the 
        increase or limitation of this structure of inequality among countries. 
        The debate on this issue concerns the future and cannot be addressed 
        from a merely technical or economic perspective.
 18. Countries’ development in the era 
        of the knowledge society is a cultural gamble. 
        The digital divide cannot be breached merely by 
        teaching people how to use computers; rather, countries must be capable 
        of creating in the era of the information society. This is achieved by 
        strengthening the foundations of the “knowledge society.” This is a 
        cultural gamble, which requires freedom and creativity in public 
        policymaking. Cultural development cannot hinge solely on those in whom 
        economic capital is concentrated, but on the coordination of their 
        endeavors with the efforts of governments, civil society, creators, and 
        micro-, small- and medium-sized cultural enterprises, which requires a 
        framework of balance to survive, because the foundations of democracy, 
        development, pluralism, and civic-mindedness depend on the quality of 
        culture and education in our countries.
 For these reasons, the cultural 
      associations that comprise the Chilean Coalition for Cultural Diversity 
      (Chilean Actors’ Union [SIDARTE]; Chilean Union of Music Workers 
      [Sitmuch]; Association of Chilean Publishing Workers [EDIN]; Copyright 
      Association [SCD]; Creaimagen; Association of Literary Rights [SADEL]; 
      Chilean Association of Performers [SCI]; Chileactores; Union of 
      Cinematographic Professionals and Technicians [SINTECI]; Association of 
      Chilean Writers [SECH]; Association of Chilean Painters and Sculptors 
      [APECH]; Association of National Authors of Theater, Cinema, and 
      Audiovisuals [ATN]; Prodanza; and the Audiovisual Platform Federation of 
      Chile (which, in turn, comprises the Association of Movie and TV Producers 
      [APCT]; Association of Documentary Makers (ADOC); Association of Chilean 
      Short Films (ACORCH); Chilean Video Corporation; and the Chilean 
      Foundation of Moving Images)).  hereby demand:  A.- That the FTAA negotiations 
      include a present and future exception or broad reservation for cultural 
      expressions (see annexed definitions), similar to that set forth in the 
      1994 Chile-Canada Agreement, covering cultural creation, production, and 
      distribution, such as for the education sector, the non-applicability of 
      “national treatment,” “most favored nation” and “market access” clauses, 
      and that cultural goods and services only be considered in the FTAA in 
      terms of the elimination of tariff barriers. B.- That the FTAA negotiations, in considering culturally related 
      exceptions or reservations, include the new supports for this type of 
      production, including digital production, and even cultural services and 
      goods without physical support. In this regard, we request that the 
      cultural exception or reservation not be limited to the Chapter on 
      Services, but that it also be included in the Chapter on Electronic 
      Commerce.
 C.- That the FTAA negotiations on intellectual property as well as on 
      cultural goods and services include the effective participation of the 
      sectors of civil society that have participated on the topic, with a view 
      to ensuring that these regulations favor creators and the country’s human 
      and democratic development. We want the negotiations to reflect 
      regulations on intellectual property rights, under the principles of human 
      rights and universal access to artistic works, and to prevent copyright 
      from becoming a right to copy, which does not have a cultural, but rather, 
      an industrial dimension. We must deal with this issue, which is the 
      foundation of the wealth of nations in the era of globalization, from a 
      cultural and social perspective, and not under the domination of the trade 
      prism.
 D.- That in all bilateral, regional, or multicultural negotiations on 
      goods and services, the FTAA signatory countries refrain from assuming 
      liberalization commitments regarding any of the so-called cultural goods 
      and services, and thereby avoid giving up all or part of their cultural 
      sovereignty. States should maintain their regulatory autonomy in this 
      field.
 E.- That the signatory countries of the FTAA adopt the foreword proposed 
      by Canada in 2000 that states: “the 34 governments of the countries that 
      participate in the FTAA [are] determined to (…) recognize[e] that 
      countries must maintain the ability to preserve, develop and implement 
      their cultural policies for the purpose of strengthening cultural 
      diversity, given the essential role that cultural goods and services play 
      in the identity and diversity of society and the lives of individuals;”, 
      and become actively involved in the building of the Convention on Cultural 
      Diversity in UNESCO, which, based on the International Declaration of 
      Human Rights, could become an instrument of international law to preserve 
      cultural diversity, safeguard the regulatory power of states with regard 
      to cultural matters, foster a better balance and greater solidarity in 
      international trade in culture, and provide a point of reference with 
      respect to international fora and for the development of cultural 
      policies.
 
 We firmly believe that these proposals are both necessary and urgent. 
      There are currently 9 coalitions working on this in all 5 continents, of 
      which 4 are in the Americas: Argentina, Canada, Mexico and Chile. The 
      extinction of the cultural expression of countries is an attack on the 
      existence of those countries as nations. This matter is as serious and 
      delicate as far as the future of humankind is concerned as the loss of 
      biodiversity. Trade and the culture of calculation should be complemented 
      with a culture of diversity, the imposition of one way of life upon 
      another should be avoided, and dialog among and meetings between peoples 
      should be intensified. States must therefore not renounce their ability to 
      participate in the cultural development of their countries.
 Real integration “requires a history of changes that makes it possible to 
      understand the course taken” (Norbert Lechner), and this can only be 
      achieved through the meeting of the diversity of cultural expressions, 
      which are in urgent need of being safeguarded and fostered. We cannot 
      build a continental WE, if we accept the dominance or imposition of one 
      way of life over the others.
 The conclusions of the recent and notable UNDP human development report 
      “We the Chileans: A Cultural Challenge”, could readily be projected onto 
      the reality of the region as a whole: “to build a future we need an image 
      of ourselves as a desired, feasible community, and that in itself is a 
      cultural challenge”, which can only be met through dialog and the 
      integration of the diversity of our cultures.
 DEFINITIONS
 Cultural expression 
      refers to the creation, production, distribution and exhibition of 
      cultural contents in any medium or form that exists now or in the future.
 Cultural content refers to the production of 
      individual creators and cultural industries, which are generally protected 
      by intellectual property rights and which include, but are not limited to: 
      1) the creative production of individuals [and cultural industries] 
      revealed in different areas of the arts, such as theater, visual arts and 
      professions, architecture and design; 2) sounds, images and texts of 
      films, videos, sound recordings, books, magazines, newspapers, program 
      reruns and other kinds of media, whether in existence today or invented in 
      the future, whether created by individuals or cultural industries; 3) 
      collections and exhibitions belonging to museums, galleries and libraries 
      that include archives related to the cultural heritage of a society.
 Cultural goods and services 
      are all those goods and services that transmit cultural contents and that 
      acquire their specific nature because they transmit values, meanings and 
      identities and are therefore not just consumer items.
 Cultural industries 
      refers to the organizations, companies and individuals that create, 
      produce, publish, distribute, exhibit, supply or sell cultural contents.
 (These definitions were drawn up by the Working Group on Cultural 
      Diversity of the RIPC)
 |