Report from the KLYS seminar on culture and commerce the 23rd October 1999 at the Swedish Writer's Union in Stockholm
Participating in the meeting were representatives from the Canadian Conference of the Arts (CCA), representatives from the Danish, Norwegian and Finnish Artists' Councils, one representative from the Greek Embassy, one representative from the Swedish foreign ministry (department of international trade policy), representatives from the KLYS board and from KLYS' member organisations. (See further the enclosed list of participants).
The chairman of KLYS, mr Peter Curman, opened the seminar and welcomed all the invited participants. Peter Curman began by presenting the background of the seminar. In 1998, the Swedish minister of culture, Marita Ulvskog, invited her colleagues around the world to a UNESCO conference on cultural policies for development, called The Power of Culture. The conference, which took place in March/April 1998, resulted in the adoption of the Stockholm Action Plan. At the same time a parallel cultural NGO-meeting, arranged by KLYS, was held at Hässelby castle outside Stockholm. The Hässelby meeting joined the Swedish minister of culture's ambition to initiate a process with regular culture ministers' meetings according to the Stockholm Action Plan. Already in July 1998 there was a follow up meeting in Ottawa, Canada, on the initiative of the minister of Canadian heritage, Sheila Copps, and in September 1999 there was a meeting between ministers in Oaxaca, Mexico. A work report from the meeting in Oaxaca was distributed at the seminar by the CCA. The next ministers' meeting is due in September 2000 in Greece.
KLYS and the CCA, who has been cooperating since 1998, have set up as their common goal to interact with the ministers' meetings, calling also cultural Non-Governmental Organisations (NGO's) in other countries to join the network called the World Coalition on Cultural Diversity. The main objective of the network is the protection and promotion of cultural diversity in international trade agreements, especially the upcoming WTO negotiations in 2000. Cultural products should not be treated as other tradeable commodities since the cultural sector is especially vulnerable to international trade rules.
Carl-Johan Kleberg, former head of the department of development and investigation at the Swedish Cultural Council, stated that the model with a network of cultural NGO's is important and that there should be a link between the network and the ministers' meetings. UNESCO can help supporting networking. Kleberg here referred to a paper about the concept of culture in the Stockholm Action Plan (see enclosed). Another important way to promote cultural diversity is to make ministers from different fields cooperate. The minister of culture should discuss the importance of culture with the minister of trade, the minister of foreign affairs etc. The cultural NGO's should likewise cooperate with NGO's working with environmental, social, labour issues etc.
The discussion moved on to the role of culture in international trade agreements. The CCA representatives gave an account of Canada's experience from a cultural exemption in the Free Trade Agreement (FTA) and the North American Free Trade Agreement (NAFTA), which has not proven to be efficient or adequate. The problem is that a determined challenge to any specific cultural measure can be brought to the WTO where a resolution to a dispute has very little reference to cultural measures. This is what the US has taken advantage of to get access to the Canadian cultural industry. The government of Canada is therefore currently seeking to create a new international cultural instrument, preferably within the United Nations (the UN), to which trade agreements are subservient, in order to preserve and enhance cultural diversity. Canada will, together with France, try to build support for this idea within the WTO. The existing UN convention on social and cultural rights is toothless when it comes to international trade agreements.
WTO should have only pure trade issues on the agenda. The problem is that culture is drawn into the system anyway and cultural products become tradeable commodities like any other. The canadian situation towards the US is, of course, much more severe than the Swedish situation, partly because of the common language and the proximity. Other English speeking countries, for instance Australia, have had similar problems and are now mobilizing in the area of culture.
In the end of November in Seattle the WTO countries will decide which areas the next negotiation round (the Millennium round) will include. Johan Donner and Ulrica Källén from KLYS, who have attended WTO meetings at the Swedish Ministry of Foreign Affairs, presented the Swedish position on an agenda for a new round. The Swedish government is very optimistic to free trade and wants a broad and open negotiation round that does not exclude any areas. This means that Sweden does not want to exempt the cultural sector. However, in the Swedish position paper it is stated that cultural diversity and national cultural policy must be preserved. As Sweden is a member of the EU, it's position will be included in the EU position and presented by the EU. The EU has no right to vote in the WTO though, in this respect the member states has one vote each and all the decisions are taken in consensus.
After lunch KLYS welcomed mr Teppo Tauriainen from the Swedish Foreign ministry, department of international trade policy, who is a specialist on the GATS-agreement (General Agreement on Trade and Services). Teppo gave a brief history of the WTO and told us about the Uruguay round where GATS, TRIPs etc were created. The GATS agreement was finished in 1995, an agreement that Sweden was strongly promoting. All services are covered by the GATS and there is no cultural exemption. But according to the bottom up-method in GATS only those commitments a member state makes are included. Commitments in the audiovisual sector have not yet been made. No one can force a member state to make commitments. The commitments that the member state makes consist of two elements - market access and national treatment. Sweden has made over 100 commitments with almost no limitations.
In GATS it is already decided that there will be new negotiations in the year of 2000. The meeting in Seattle will not change this fact. Sweden is open to discuss commitments in the audiovisual sector, as long as cultural diversity and national cultural policy is preserved. Sweden believes in uniting openness and a strong national cultural policy. France is not prepared to discuss commitments in the audiovisual sector at all because of strong lobbying from cultural organisations. The EU position on this point is not yet settled because of France's and a few other South European countries' position regarding culture. EU needs a common position before Seattle. Teppo was asked about the Swedish government's view of a new international cultural instrument. His answer was that the Swedish government does not think that a separate instrument for culture is needed.
The United States have brought pressure on Sweden regarding the audiovisual sector as far as national support to film distribution is concerned. In a letter from the American Embassy to the Swedish government the US call the Swedish system "a major threat to vital American interests". Teppo Tauriainen said that the promotion of Swedish film distribution is compatible with the WTO system and the US will not be successful if they bring this case to the WTO dispute settlement. In his opinion it is easier for smaller countries to resist the American pressure in the WTO negotiations than in bilateral negotiations with the US.
The Swedish representation in Seattle will consist of 25 delegates from the Swedish government and representatives from 5 NGO's. There will be a separate NGO forum in Seattle. Teppo Tauriainen said that cultural NGO's should be active first and foremost at the national level to advocate their opinions. However, it is too late now to try to change the national position before Seattle. After Seattle, when the Millennium Round Agenda is settled, there will be new opportunities to lobby and advocate towards the national governments.
KLYS and the CCA would like to see a working group on cultural issues in Seattle. Teppo Tauriainen said that the Swedish government is hesitant for practical reasons to working groups in the WTO negotiations as there are problems for many countries to cover all the meetings.
After a short coffee break the seminar turned to the issue of arranging a cultural NGO meeting parallel to the cultural ministers' meeting in Greece in September 2000. It was stated that we need to know what will be on the ministers' agenda and that the NGO meeting must be very well prepared. A preconference meeting should be held and there should also be a few teleconference meetings.
Ann-Margret Mellberg, cultural attaché at the Greek Embassy, gave an account of different potential counterparts and NGO's in Greece, with whom we can get in touch for the preparations of an NGO meeting. She will help us to get their adresses. The main collaborator will probably be the head of the National Book Center in Greece, mr Aris Marangopoulos, who has claimed that he wants to help arranging the meeting.
As a continuation of 'the Stockholm process' it was decided that a contact group consisting of the CCA, KLYS and its Nordic sisterorganisations shall be established in order to facilitate discussion and distribution of information on the issues of this seminar and to promote NGO-meetings parallell to the minister of culture's meetings in Greece, Switzerland, South Africa etc. Practically the contact group will function as a network on the basis of a mailing-list and a web-site that the CCA will be responsible for.
It was also decided that the issue of an international cultural instrument to which trade agreements are subservient shall be brought up with the Swedish minister of culture on Monday the 25th October.
For KLYS
Ulrica Källén
coordinator/legal advisor