Interview with Toshiyuki KONO: "The Convention stresses that it is the sovereign right of States to determine their cultural policies."

Toshiyuki KONO, is Professor of Law at Kyushu University (Kyoto). He was one of the experts in the group that helped develop the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. As the first session of the Conference of Parties to the Convention is about to take place at UNESCO from 18 to 20 June, he reviews the Convention’s goal and the issues it addresses.

Interview by UNESCO's Bureau of Public Information

How do you understand the concept of «diversity of cultural expressions»?

“Cultural expressions” is defined in the Convention. Legally speaking, we cannot avoid this definition. This definition however is very broad and could be interpreted in different ways. I personally understand this concept as “open-ended”, since culture has a living nature.

What for you is the main goal of this convention?

The Convention stresses that it is the sovereign right of States to determine their cultural policies. States should be aware that it is their task to develop cultural policies. The Convention draws States’ attention to this fact. At the same time, [it] stipulates that States should be enabled to develop their own cultural policies. Therefore, the Convention emphasizes two elements. First, international regimes, especially the international trade regime, should acknowledge the different status of culture. Second, States should assist each other in developing cultural policies.

How can artists benefit from the convention?

Artists will not directly benefit from this Convention. It all depends on how States will develop their policies within [its] framework (...) These policies might focus on the financial side by providing subsidies to artists. Other policies might be drafted in order to enhance the work of artists being distributed or disseminated. Still other policies might focus on recognizing the role of artists in contributing to the existence of the diversity of cultural expressions.

How can developing countries benefit from it?

Developing countries can directly or indirectly benefit from the Convention. The direct benefits from this Convention mainly relate to the financial assistance that is set up within the framework of the Convention. The indirect benefits (...) relate to the exchange of know how, expertise, and experience, facilitating access to world markets, technical assistance, collaboration, and so on and so forth. These benefits are indirect, because it again depends on how States [plan] their development and cultural policies. The Convention does not contain a hard legal provision in this respect.

What obligations must States’ Parties meet when they ratify the convention?

Rather than putting forward hard legal obligations to its Member States, the Convention gives them guidelines as to what may be pursuable for cultural policies (...). In this sense, the obligations that really arise due to the ratification of the Convention are limited. Even the financial contribution for [its] operation is voluntary. The only main obligation directly visible in the Convention is the reporting obligation to UNESCO and the Intergovernmental Committee.

• 19-06-2007