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Report of the CASS-UNESCO Seminar on¡°Cultural Diversity, Development and Globalization¡±
Date: 2003-6-24

  The Chinese Academy of Social Sciences (CASS) in cooperation with the UNESCO Office to China held a seminar on ¡°Cultural Diversity, Development and Globalization¡± in Beijing on June 24, 2003, aiming to publicize the UNESCO Universal Declaration on Cultural Diversity. Jiang Lansheng, Vice-President of CASS, Dr. Y. Aoshima, Director and Representative of UNESCO Beijing Office, opened the seminar. More than thirty scholars and experts from CASS,UNESCO Beijing Office, Central University of Nationality, Peking University, the China Institute of Art, CCTV, Central University of Music, Central University of Fine Art, Museum of Modern Chinese Literature, etc. attended the meeting and discussed the definition of cultural diversity, cultural diversity and cultural rights, contribution of ethnic minorities to Chinese culture as a whole, cultural diversity in the process of economic development and globalization, role of government and society in protecting and enhancing cultural diversity. Experts specialized in philosophy, folklore, sociology, literature, linguistics, law, international relations, cultural relic protection, media, fine arts, music, etc. voiced their opinions on the various topics

¢ñ. The Declaraiton aims at protecting cultural diversity, and therefore the definition of cultural diversity seems to be particularly important since it directly relates to the targets of protection. In defining cultural diversity, scholars attempt to analyze ¡°what is culture¡± and ¡°what is diversity¡± and note the limits of using the terms.

1. What does culture mean in the notion of cultural diversity?
The word culture has many definitions. In a broad sense, all results of human activities can be conceived as culture. The participants narrow it down in the context of cultural diversity. Regarding culture as product of social life and the fruit of national spirit, and indeed the genetic codes which tell the differences of peoples. There are unique forms and characteristics of culture in each nation that are important sources of national cohesion and solidarity. It has become historical heritage of the nation as well as the motivating factor for advancement. In the context of economic globalization, it is of great significance to stress the diversity of culture. It helps a nation to maintain its own lifestyles, ways of living together, value system, traditions and beliefs so that people can converse as equals, and also helps to protect disappearing cultural heritage, in particular, intangible cultural heritage.

2. Oral tradition is an important component of cultural diversity.
Regardless of how the Declaration vaguely defines culture, oral tradition is definitely an important component of cultural diversity.

The history of oral tradition extends far beyond literary history. A complete set of principles was established in the long history of oral tradition. Oral tradition as well as written languages has contributed to the development of human intelligence and civilization. However, these principles were damaged significantly with the invention of written language. Therefore protecting oral tradition should be valued.

To protect oral traditions, we must preserve them in modern conditions yet respect their individual principles when collecting traditional oral texts. In the past investigations of local customs, our self-righteous ways often affected oral tradition. Although we believe that we have improved the tradition, we are merely measuring oral expression based on criteria of written language. In this way, many important components in the oral tradition and cultural diversity are left out.

Once texts replace oral expression, we first try to separate the texts from their necessary and related situations before trying to change their principles. As a matter of fact, this damages oral tradition. If oral tradition is to continue, these principles cannot be destroyed.

3. Issue of advanced and backward culture: what culture should we protect? An important theoretical question in studying cultural protection concerns advanced culture and backward culture. Some argue that there is advanced culture vis-¨¤-vis backward culture. The culture to be protected usually is relatively backward or endangered. We can preserve examples in museums, but we are incapable of preserving all. We must let go those which should disappear. Others oppose to draw a line between advanced and backward culture. They argue that the problem is what sets the standard, and by whose criteria the standard is set. Advanced and backward is often relative depending on the specific environment and condition. In a certain environment, a culture considered backward may at times demonstrate advanced qualities. Anthropologists and scholars of folk literature prefer to classify different types of culture as ¡°primary¡± of ¡°secondary¡± in view of the nature of their research, and place less consideration on distinguishing between advanced and backward. However, many scholars agree that there are chronological and ethic/national differences, while chronological differences can be separated as advanced or backward. We must look at a culture from a developing point of view, keeping in mind that almost any culture is intrinsically progressive to adapt to the times. Any culture not closed, will obviously interact with other cultures. However, while different cultures may influence each other, progressing and developing together, they cannot replace each other. Only in this way can differences exist in harmony£¬thus allowing cultural diversity in the world today and tomorrow.

¢ò. With cultural rights being the theoretical basis for protection of cultural diversity, scholars note that there is a lack of desire to protect cultural tradition, and they also define cultural rights regarding cultural diversity and cultural rights.

l. Definition of cultural rights.
To protect cultural diversity, to a great extent, is to protect cultural right. Cultures, rights are a part of human rights to which humanity is entitled£¬Different from other rights, cultural rights are comparatively complicated. The concept of culture can undertake various definitions broad or narrow in sense. Culture in a broad sense includes material civilization, spiritual civilization£¬political civilization, etc. It is difficult to divorce cultural rights from political rights when defining them more broadly. In addition, it becomes much more complicated when cultural rights are connected with obligations£¬responsibilities, etc.

The definition of cultural rights specified in Articles 15 of the International Convention on Economics, Social and Cultural Rights is a convention of principles. When ethics are used as a bottom line criterion, it is easy to have a universal definition but difficult to respond to specific needs.

2. Opting to give up cultural rights.
When referring to the protection of cultural rights and cultural diversity, we usually assume that the bearers of a given endangered culture try to protect, preserve and carry on their culture by standing by their cultural rights. In reality, when an outsider attempts to protect an endangered culture, the bearer may refuse to accept it and is unwilling to do so himself or herself. Some scholars argue, ¡°I know that ethnic minority people in China would rather learn standard Mandarin Chinese than their own ethnic languages because studying the latter means a less promising future¡±. Therefore, in protecting cultural diversity in China, tension exists not only at the level of ideas and reality but also in practice.

3. The awareness of cultural rights and the right of cultural development.
It takes time for bearers of a culture to realize the value of their culture and the need to protect it. It frequently happens that a given culture may first embrace with no reservation the universal model of modernization, and later people of that culture become aware of the characteristics of their own culture. The protection of cultural diversity also includes the formation and development of such awareness. Meanwhile it does not deny the right of any culture to hand down its tradition and to develop itself. Such development is the necessary condition for the existence of diversity.

¢ó. The issue of protecting cultural diversity. Scholars stand divided on ¡°whether endangered culture can be protected?¡± and ¡°Whether traditional culture can be protected by intellectual rights?¡± They also put forth specific suggestions of protection.

1. Whether endangered culture can be protected: the continuation of a culture relies on its intrinsic strength, rather than the protection of it.
Most scholars believe that it is necessary to protect weak and endangered cultures, while others think that the vitality of a culture lies in itself. The survival of a culture mainly relies on its development, and the ability to adapt to change. To give an example, the art of balladeers are destined to disappear if they have no audience to perform for even they receive great financial support. In other words, when a culture is endangered, little can be done to save it.

2. Differentiating between cultural heritage protection and cultural diversity protection.
Scholars holding that vitality of a culture does not rely on protection also argue that one should distinguish the protection of cultural heritage and the protection of cultural diversity. To protect cultural diversity is to protect a living culture, while to protect cultural heritage is to protect to a dead culture. Therefore, they think that it is unrealistic to preserve an endangered culture in a living state. Our work should be placed on the protection of cultural heritage, and we may preserve them in museums but not in a living state. To give an example, putting Chinese three inch lotus flower shoes in museums as relics is not done so that women will bind their feet, i.e. not encouraging the customs of foot-binding to exist.

3. Can intellectual property rights be used to protect traditional culture?
There are many concrete measures to protect cultural diversity. Protection by legal means is indispensable. Then, is it possible to protect traditional culture by applying to intellectual property rights?

Some scholars express their doubts. Even UNESCO itself puts forward two concepts of different values. The Universal Copyright Convention encourages innovation and protects private properties, while the Universal Declaration on Cultural Diversity promotes the protection of traditional culture. To some extent, intellectual property right is an innovative system negating tradition and promoting novelty, while traditional knowledge does not always go along with innovation. The intellectual property rights protect the private properties, while traditional knowledge belongs to public domain and is difficult to be protected with the intellectual property right rules. To be specific, does collecting folk songs and other investigations infringe intellectual property right? No legislation exists in support of this argument, as traditional knowledge is not within the domain of intellectual property rights. Intellectual property rights protect private properties, but folk cultural heritage is apparently not private. If we asked Walter Disney to pay for making a cartoon based on the Chinese folk story Mulan, should the Chinese pay to the Americans for basketball game?

Scholars also hold that cultural heritage includes not only literature and art, but also social behavior, such as songs in a funeral procession, which is difficult to protect by law. Funeral processions in a city today have changed and the environment of traditional funeral songs no longer exists. How can we protect them?

Some scholars have more or less found a way to compromise; since intellectual property right is to protect innovation, one must first address the theoretical question regarding the relation between tradition and innovation when used to protect traditional culture. It depends on how we understand tradition. Georg W. F. Hegel said that tradition was not simply preserving things of the past, but rather a reflection of it on a modern man. Tradition develops in and of itself as well. In addition, how can a common ground be found for the private and public domain? From the philosophical perspective of universality and specialty, public and private is relative.

4. How to protect?
(1) Legislation can be implemented, such as ¡°Rules and Regulations to Protect Folk literature and Art¡±, ¡°Law to Protect the Heritage of Folk Culture¡± and ¡°Rules and Regulations on Awarding Folk Artists¡±. These laws could potentially stop the demolition of Siheyuan (traditional courtyard house) in Beijing.
(2) Before launching a major construction project, a testimony should be made on its impact on local residents. Money should be set aside to protect cultural heritage that may be affected by the project.
(3) Private collections are important. Activities undertaken by the government are usually larger in scale, leaving less room for inflexibility. However private collections may be the solution to the problem. Nowadays, private collections include almost everything. It is unrealistic to think that the government can establish all kinds of museums. Therefore expanding upon the potential of private initiatives is a good alternative.
(4) China should be firm on its own stance on protection. China must have its own attitudes about how to protect cultural diversity to avoid proceeding blindly. China must not take a passive stance, like how intellectual property right rules were accepted. It must learn from this experience and be active in protection.
(5) In making laws, legislators should interact more with folklore scholars and anthropologists, listening to their ideas and working together with them to make laws protecting cultural intellectual property rights.
(6) There should be empirical studies. China acted very passively in accepting intellectual property rights because there was no empirical proof on how China would benefit. Now a new task of protecting cultural heritage appears before us, China still lacks empirical results to prove how it will benefit the country. If these are available, our work will be better facilitated.

5. Problems in the ¡°Bill to Protect Ethnic and Folk Culture of the People¡¯s Republic of China¡±.
In 2002, a law of protecting ethnic and folk culture was drafted and submitted to the National People¡¯s Congress. It stipulates that as long as the source is clearly acknowledged, ethnic and folk culture can be used for non-profit purposes. Since there are no other restrictions, a sum should be paid to local cultural administrative department. This would be an unreasonable practice in which compensations go to government department instead of the people who generate the sources. Improvements should be made in this regard.

In addition, the bill proposes the system of bearer. A bearer can be a folk artist or a researcher. Such a system attempts to privatize the cultural heritage of a given group and needs to be further investigated.

The bill lists a series of protective measures, encouraging large-scale activities to explore folk cultural heritage. This, in fact, gives rise to the possibility of greater infringement upon cultural heritage. A big question of exploring is how to protect cultural heritage and ensure that it is not used illegally.

We hope that China will have contributions to make in this regard. If cultural heritage still cannot be defined internationally, then can China not first resolve intellectual property right problems in intangible heritage within China, giving a new legal definition and protective measure in accordance with the actual situation in China? Having our own theory would enable China to engage in dialogue with countries with more developed legal systems.

¢ô. Scholars agree most on the topic of ¡°how unique ethnic minority cultures can enrich Chinese cultural as a whole¡±. They agree that ethnic minority culture plays an important role in forming Chinese culture. In protecting cultural diversity, attention should be paid to ethnic minority culture.

1. The role of ethnic minority culture in enriching Chinese culture as a whole. China is a country with multiple ethnic communities. There are 56 national ethnic groups, including the Han people. The majority of China¡¯s population is of the Han ethnicity, and according to the most recent fourth national census report of 2000, Han account for 91% of the total population. Ethnic minorities, however, are spread throughout China. Approximately 64 percent of China¡¯s total land mass is occupied by ethnic minority autonomous regions alone.

Chinese culture is a compilation of many united as one. It is an abundant culture created by ethnic minorities and the Han ethnicity together. Minority ethnic culture constitutes an important part of Chinese culture, and is also a valuable treasure of human civilization. The large number of heterogeneous elements preserved in ethnic minority culture is integrated as an important part of Chinese culture. Even though there have been conflicts, opposition, contradiction and contention, the progression of the different ethnic groups in China¡¯s history has mainly been one of harmonious cohabitation and cooperation. This experience is unique to Chinese culture, with special meaning for the ethnic and cultural conflicts in the world today.

2. Aspects where ethnic minority culture enriches the Chinese culture as a whole.
Economic Culture: Farming, fishing and hunting, animal husbandry, business and other economic activities have a long history of tradition and development in ethnic minority regions, making them advanced specialized economic enterprises. They are adapted to the natural environment and climatic conditions, and have developed under the natural circumstances and in conjunction with the productive activity and experiences of life. Through many different ways they have formed interactive and mutually complementary relationships with the economic position of Han farmers.

Political Culture: The political and legal systems established by the central dynasties after minority ethnic groups took over the Central Plains, and those established by minority local regimes at different levels, impacted the political culture of the Han people of the Central Plains on the one hand, and refreshed and diversified the Han system of the other.

Military Culture: From the honored story of the Han emperor, who dressed in ethnic minority costume and shot arrows from horseback in the Zhou Dynasty two thousand years ago, to the wisdom and skills accumulated by ethnic minority military forces over many wars, all contribute to China¡¯s military heritage.

Science-and Technology-wise: Ethnic minorities have all garnered success in areas, including astronomy, calendar, tools, medicine, transport, planting and crops, architecture. Three major contributions made by minority ethnic groups were taken from the book Qiminyaoshu on Chinese agricultural technology: (1) achievements of ethnic minority groups in breeding and refined breeding (2) animal husbandry culture and technology, and its impact on the Central Plains, and (3) the influence of ethnic minorities on the food culture of the Central Plains.

Aspects of Folk Culture: Ethnic minority folk culture covers almost everything. Academia usually divides folk culture into three main categories, namely material, spiritual and systematic folk customs. Ethnic minority folk culture has shown its diverse characteristics at many levels in an unyielding and vivid way.

Aspects of Traditional Art: Over history, ethnic minorities have developed many unique art forms, with particular success in music, dance, drama, painting and sculpture and narrative literature. As an example, performing large heroic epics is a tradition still alive among many minority ethnic groups. The charm of the Uygur¡¯s 12 muqan (traditional movements of Uygur¡¯s music), the Yi people¡¯s verbal dueling, the Mongol¡¯s Holboo, etc., all have their singular attractions providing us with tremendous aesthetic joy.

The reality of the situation in China shows that in protecting cultural diversity, ethnic minority culture is an area not to be ignored.

¢õ. Regarding ¡°problems faced by cultural diversity in the course of economic development and globalization,¡± discussion focuses on whether economic globalization can cause cultural globalization, and how to coordinate the protection of cultural diversity and development.

1. With globalization in the backdrop, the protection of Chinese traditional culture is urgent.
Most participants agree that Chinese traditional culture must be urgently protected. Legislation is a standard practice, but enactment of a law can be a long process. Before the law is enacted and implemented, swift action must be taken in view of the urgent situation faced by China today. Many artists are as old as 70 or 80 years of age and do not have good young people to pass on their art to, for it is difficult to make a living on what they do.

2. Globalization and pursuing differences: can economic globalization lead to cultural globalization?
Contrary to the viewpoint emphasizing the urgent need to protect traditional culture, some argue that the concept of culture in a narrow sense includes two aspects: group identification and group behavioral code. In this perspective, there are two results of globalization. Most scholars believe that it will lead convergence including the convergence of culture, i.e. the weakening or even the disappearing of cultural diversity, and eventually a uniform world, in which case the protection of cultural diversity is a necessity. However others argue that the results of a globalized convergence are superficial and inflated and that at a deeper level, the effects of globalization pursue greater diversity. They maintain that a globalized ¡°convergence¡± is weak, while a globalized ¡°diversity¡± is deeper. Culture in transformation will lead to greater diversity since cultures mutually interact with each other.

This viewpoint seemingly allows us to believe that protecting cultural diversity is not as urgent as we imagine it is. There will never be a globalized culture in the world.

3. The coordination of protection and development.
Protecting cultural diversity facing protection and development issues in light of globalization. In other words, what kind of protection is it? Is it close-ended or open? Do we let it remain static in its original condition, or let it develop on its own, or try to guide its development?

Those protected also have a right to development, which means that depriving them of this is a violation of human rights. As an example, people living in remote and economically backward regions have the right to buy televisions and watch them, but once they start watching TV, they will probably stop going to see folk performances. Once most people accepted the idea that culture is relative, they realized that the problem of protecting some seemingly backward culture is that the people on whom it depends do not want it themselves. In protecting it, local people will tell you, ¡°let¡¯s switch, have you ever lived like this?¡± Courtyard housing in Beijing is another example of unique culture, but few people can afford to live in such accommodations. Since courtyard housing is too costly, it is not realistic to preserve many. At most, only a few can be preserved for the public. Therefore, many courtyard houses are currently being built in the suburbs of Beijing.

Development must not be forgotten in protection, otherwise there won¡¯t be a balance between development and protection. Indeed, every single culture has changed throughout history, and that observed is merely a fraction in time.

¢ö. Discussing the role of government and society in protecting and promoting cultural diversity, scholars emphasize that society should give the government the right idea, and that the government should improve cooperation with academic institutions.

1. The role of government and society.
Participants argue that the interaction between government and society can function as such: ideas generated by society go to the government, which then serves to protect cultural diversity.

Given the existing political system in China, it is particularly important that government gains good ideas from society. Society comes first. As an example, officials usually seek achievements of their terms of office, and in the eyes of many Chinese officials success means high-rise buildings, since for many people housing is the biggest problem. A trend occurs in that the government is behind real estate developers and the money is behind the government. Therefore wrong ideas may occur in government policies on cultural diversity protection.

Even though this is the situation, the government still has the strength and power, and the individual is comparatively weak. Many well known individuals use their name to influence and call upon the government to protect pieces of cultural heritage. However, people not in this position cannot achieve good results without a name, and thus no legal effects. Therefore, protecting cultural diversity requires government involvement.

In addition, the protection will be biased without specialists and those being protected working in conjunction with the government.

2. The government needs to increase cooperation with other sectors.
China¡¯s government has a history of often collecting general information on ethnic folk cultural heritage. They have documented records of the most original and basic versions. The collected research has had an important impact on society, furthering the study of folklore, folk literature, and folk art. It has also innovated a certain area of ethnic folk culture, pushing for the development of ethnic cultural diversity. As a result, multi ethnic culture has been widely publicized and is recognized by mass society, government departments have gained experience of managing cultural heritage, and cultural diversity is reflected in school curriculums at various levels. Some projects instituted nation-wide have also trained people in investigation.

Cultural authorities did not cooperate very well with universities and research institutions previously. The Chinese government had mega-projects to rescue folk culture, like the three series of ethnic folk stories, songs, etc., but these projects contain obvious faults since the government operates separately from research institutions. Cultural administration department official are unfamiliar with fieldwork, and the people sent to the site may lack formal fieldwork training and professional skill. Data is collected in an unscientific way, and it may be arbitrarily manipulated to suit their standards.

Presently, the Ministry of Culture¡¯s project to ¡°Protect Ethnic folk Cultural Heritage¡± and the Chinese Association of Folk Culture¡¯s project to ¡°Rescue Folk Cultural Heritage in China¡± are basically still both government and community in nature. Since the operational system is limited to government departments, there is still a large potential for being marginalized. With such a rich, colorful, vast, sophisticated and yet dying culture heritage handed down over thousands of years, government departments may lack the ability to adequately implement cultural policies, allocate funds, coordinate with local government, assign technical operations and allocate personnel, as well as legislate, develop cultural industries and manage cultural resources as a whole. Their function also lacks authority and charm.

Moreover, our work needs to be strengthened in the following ways:
(1) Emphasizing the ¡°common¡± in culture over ¡°people¡±, the very core of a culture.
(2) Focus usually centers on research and text recording with minimal attention paid to actually protecting the cultural bearers and the original environment in which the cultural was passed down, and ignoring the sustainable development of culture.
(3) Investigation and research should not target alone culture in a narrow sense. More work should be done in comparative cultural studies and integrated research, and on culture genes. Culture in community services and in transforming industry development is also lacking in practice.
(4) Cultural development lacks new and independent ideas. There is no set plan for cultural heritage protection and development in the administrative program realm so there is no way that it can align with the government¡¯s communal economic development structure. The potential for culture as a resource and its value in production has not been exploited.

In the eyes of the participants, the seminar reflects voices and propositions from different academic fields. It is necessary to have many voices engage in further discussion on various related topics to gain a deeper understanding of each of China¡¯s regions and territories, and cultural diversity protection.
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Bureau of International Cooperation,Hongkong Maco and Taiwan Academic Affairs Office
Chinese Academy of Social Sciences
2003.3.10 Copyright