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

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