Mr Chairman,

Since we last met in Croatia one year ago, we have come a lot closer to an international convention on cultural diversity. Last month, the intergovernmental process on a convention was launched in UNESCO. A large attendance at the first intergovernmental expert meeting showed that many countries find this work very important.

UNESCO has, as I see it, so far met with our expectations. The Director General of UNESCO has followed up the decision of the General Conference in 2003. A preliminary draft of a convention has been produced, in accordance with the mandate given by the General Conference. To me it seems as if the UNESCO process has got off to a good start. A timetable has been set up so that a draft can be considered and adopted at the UNESCO General Conference in 2005. The process is of course dependent on a constructive climate of negotiations at UNESCO.

I believe that the INCP as a strong advocate of an international convention has an important share in the good progress.

It is very much due to the efforts of the working group that we have been able to play an important role. The report of the working group clearly shows a high level of activity. Solid documents on issues related to the convention testify to the quality of its work. No doubt the working group has fulfilled its mandate.

It is as individual members of UNESCO that we should support the process in UNESCO. As members of the INCP we share important insight and knowledge.

I am sure that the views of the INCP will be heard in UNESCO. It is the quality and strength of our arguments, which will decide whether we will be able to get through.

What is it then that we would like to communicate?

Our objective is a convention that will provide a frame of reference and a code of conduct for states parties to allow us to reach common positions. A convention on cultural diversity will fill a gap in international governance. The aim of the convention would be to put forward a cultural logic which makes the promotion and protection of cultural diversity an end in itself.

We want an instrument that accounts for the specific nature of cultural goods and services. Our concern is to communicate the vital role of cultural policies to ensure a diversity of cultural expressions. A convention on cultural diversity will imply the establishment of a new legal system in the cultural domain. The convention is pursuing a purely cultural objective, and is following primarily a cultural logic. Its purpose is not to modify the rights and obligations of states parties under other international agreements, for example the WTO. The premise is that cultural considerations are no less important than commercial considerations. We should by all means avoid that the forthcoming negotiations in UNESCO turn into a debate for or against globalisation. The outcome could easily be a convention without any significance.

Probably the most crucial issue is that of the relationship of the UNESCO convention to other international instruments. The UNESCO draft puts forward two different options. To me, neither of them seems optimal. Obviously, this issue will have to be further examined. An overall concern is that the relationship of this convention to other international instruments should be regulated so as to recognize the dual nature of cultural goods and services. It is very important that this convention should not be subordinated to other international instruments and obligations. We do not want a hierarchy of instruments.

It is thus important to ensure a linkage between the UNESCO Convention and other international organizations, such as the WTO. We will have to monitor the developments which could challenge the promotion and protection of cultural diversity. It would not be advisable to undertake commitments in the cultural domain which are likely to ocmpromise our ability to realise our cultural policy aims.

We should seek a common understanding of the reasoning of this convention.. We could agree on certain principles that stand out as foundations for the whole of the UNESCO instrument:

• recognition of the specific nature of cultural products
• balance between promotion and protection of domestic culture and openness to other cultures of the world
• respect for human rights
• the vital role of cultural policies and the right of each state to choose the measures which it feels are most appropriate
• the specific needs of developing countries
• institutional measures to ensure that the states parties involved pursue their commitments

Finally – I fully support the proposal to renew the mandate of the working group by one year. Issues related to the Convention and its implementation should constitute the basis of its work.