A/HRC/23/34
conflicts with other public uses of the space, but such regulation should not
discriminate arbitrarily against specific artists or content. Cultural events deserve the
same level of protection as political protests. States, private institutions and donors
are encouraged to find creative solutions so as to enable artists to display or perform
in public space, through, for example, offering open spaces to artists. Where relevant,
in particular for permanent visual artworks, States should facilitate dialogue and
understanding with the local communities;
(g)
States should review their visa issuance system and adjust it to the
specific difficulties encountered by touring artists, their host organizations and tour
organizers;
(h)
States should ensure the participation of representatives of independent
associations of artists in decision-making related to art, and refrain from nominating
or appointing cultural administrators or directors of cultural institutions on the basis
of their political, religious or corporate affiliation.
90.
The Special Rapporteur recommends that States and other stakeholders assess
and address more comprehensively restrictions to artistic freedoms imposed by
corporations, as well as the impact on artistic freedoms of aggressive market strategies
and situations of monopolies or quasi-monopolies in the area of media and culture.
The support provided to cultural industries should be revisited from the perspective
of the right to artistic freedom. The Special Rapporteur recommends in particular
that States:
(a)
Enact and/or implement anti-trust legislation and legislation against
monopolies in the area of media and culture;
(b)
Support securing the survival of independent bookstores, music stores
and cinemas threatened by megastores, multiplexes and global distributors;
(c)
Ensure that measures established to support private sponsorship of the
arts do not negatively impact on artistic freedoms;
(d)
Establish a clear national legal framework prohibiting coercive contracts
under which creators sign away their rights to their creation;
(e)
Support the establishment of non-profit collective societies mandated to
collect and distribute income from artistic creations and performances, with a
majority of artists sitting on their board;
(f)
Encourage initiatives to support free legal representation for artists or
other forms of legal aid;
(g) Assess and address comprehensively the impact of current intellectual
property rights regimes, especially of copyrights and authors’ rights, on artistic
freedoms;
(h)
Fully support artistic creativity and the establishment of cultural
institutions accessible to all. Public agencies should function as a financial backup for
programmes that do not attract corporate sponsors, based on the understanding that
they cannot interfere with contents. Various systems of State support can be
envisaged, including delegating decisions on funding to independent peer-review
bodies, which should act in conformity with transparent terms of reference and rules
of procedure. These bodies’ decisions should be motivated and subject to appeal;
(i)
Fully implement the UNESCO Recommendation Concerning the Status
of the Artist;
20