ABSTRACTThis paper aims at discussing the evolution of the concept of cultural diversity within the UNESCO framework.As culture is a transversal theme that has been subject to discussion and reflection in numerous national, regional and international centres as well as other intergovernmental organizations, it is difficult to identify a single concept of “cultural diversity”. Since cultural diversity began to be treated as an international and political issue, it gained different roles and definitions. For this reason, this paper presents a discussion about the conceptualization of cultural diversity and its evolution.In the first section, we’ll focus on the analysis of the definitions stated in the legal instruments adopted by UNESCO and other relevant official documents. In Section II, we’ll discuss the emergence of the concept of culture as a human right and a sector of economic activity, with special regard to the Universal Declaration of Human Rights and the international instruments and studies adopted by UNCTAD.INTRODUCTIONThe concept of cultural diversity is one of those concepts that have been defined in the most diverse of ways. Any attempt to make an historical summary of the discussion on the concept of cultural diversity must start by acknowledging the multiple definitions of the term, regarding that each forum, organization, centre, country has its unique way of defining it. Yúdice considers that:today it is nearly impossible to find public statements that do not recruit instrumentalized art and culture, whether to better social conditions, as in the creation of multicultural tolerance and civic participation, through UNESCO-like advocacy for cultural citizenship and cultural rights, or to spur economic growth through urban cultural development projects. (2004:10-11)At the outset of the XXI century, cultural diversity is one of the ideas that are central to our social and intellectual experience, in numerous national, regional and international centres as well as other intergovernmental organizations whose mandate is not primarily concerned with the preservation and promotion of culture. For this reason, this paper aims at discussing the evolution of the concept of cultural diversity within the UNESCO framework; also, because its conceptualization has changed considerably since this organization's foundation.In the first section, we’ll focus on the analysis of the definitions stated in the legal instruments adopted by UNESCO and other relevant official documents. In the sequence, we’ll discuss the influence of external factors for the evolution of this concept within the UNESCO. We’ll focus on the emergence of the subject of culture as a human right and a sector of economic activity, with special regard to the Universal Declaration of Human Rights and the international instruments and studies adopted by UNCTAD. In this way, we expect to provide a relevant discussion about the conceptualization of cultural diversity and its evolution which "has been noticeably different at different times, and its translation into practice as well" .SECTION I – UNESCO AND CULTURAL DIVERSITYCHAPTER I – BackgroundBefore understanding the concept of culture adopted by UNESCO, it's necessary to understand the role of this organization in the UN framework and what its main purpose is.The UN was created shortly after the Second World War, in a period which was marked by the need for States to agree on the construction of a peaceful and plural society. In this sense, the UN Charter recognized the key role of international co-operation for the maintenance of peaceful coexistence; therefore it emphasized the importance of building agreement on several different areas, including culture. As stated in its Article 1:The Purposes of the United Nations are: (...) To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.In response to the Charter, UNESCO was founded in 1946, as the only United Nations organization with a mandate for culture, including its twin aspects of heritage (tangible and intangible) and creativity. Since then, this organization has had the task of preparing a number of binding and non-binding instruments concerning culture, education and science, including many international conventions, declarations and reports.Regarding that, since 1946, many aspects of society has changed considerably, in the next chapters we'll focus on the analysis of the documents identified as key drivers for the inclusion of the subject of cultural diversity in the UNESCO agenda.As pointed out in the Report 1946 - 2007, three legal instruments concerning the defense of cultural diversity form the pillars of the UNESCO framework: the Conventions of 1972, 2003 and 2005. In the following chapters we’ll focus the analysis on the definitions stated in these legal instruments adopted by the organization and other relevant official documents, such as: I – Constitution of UNESCO (1946); II – Declaration of the Principles of International Cultural Co-operation (1966); III – Convention Concerning the Protection of the World Cultural and Natural Heritage (1972); IV – Mexico Declaration on Cultural Policies (1982); V – Universal Declaration on Cultural Diversity (2001); VI – Convention for the Safeguarding of the Intangible Cultural Heritage (2003); and VII – Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).CHAPTER II – UNESCO’s ConstitutionAs postulated in its Constitution, Article I, UNESCO’s main role is "to contribute to peace and security by promoting collaboration among the nations through education, science and culture". This first document regards culture "in terms of works of art rather than those ways of thinking, feeling, perceiving or being whose entirety lies deep within the individual human mind and creates the individual human identity" . On the other hand, cultural diversity was understood mainly as a way to guaranty equality of participation of all states and also to preserve the sovereignty and self-determination principles stated in the UN Charter.There are two paragraphs in the Constitution that mention the term “diversity of culture”: paragraphs 3 of Articles I and V. Nevertheless the statement that most likely relates to cultural diversity as understood by UNESCO today is postulated in the preamble as it follows: "that the wide diffusion of culture, and, the education of humanity for justice and liberty and peace are indispensable to the dignity - of man and constitute a sacred duty which all the nations must fulfill in a spirit of mutual assistance and concern".CHAPTER III – The Declaration of the Principles of International Cultural Co-operationAiming at the promotion of international co-operation, while promoting the enrichment of all cultures through its beneficent action, the Declaration of the Principles of International Cultural Co-operation was adopted by UNESCO, in its 16th General Conference. As a declaration of principles, this document incorporated the notion of culture as a human right enunciated at the Universal Declaration of Human Rights, 1948 . It expressed a political will to cooperate in the pursuit of the aims of peace and prosperity, and presented general guidelines to be regarded by signatory States when establishing international co-operation treaties.The first article of the declaration mentioned the term 'diversity' to stress the importance of the promotion of co-operation to the enrichment of the variety of cultures, in accordance with the Constitution of UNESCO. In its Article II is stated that "nations shall endeavor to develop the various branches of culture side by side and, as far as possible, simultaneously, so as to establish a harmonious balance between technical progress and the intellectual and moral advancement of mankind".This declaration recognized the key role of culture for the development of society as well as for the construction of a peaceful and equitable society. As pointed out in Article VIII: "cultural co-operation shall be carried on for the mutual benefit of all the nations practicing it. Exchanges to which it gives rise shall be arranged in a spirit of broad reciprocity".Regarding cultural diversity, the term is not mentioned in the document per se. Nevertheless, the need to guaranty the plurality of cultures is very present, based on paragraphs 2 and 3 of Article I “Every people has the right and the duty to develop its culture, in their rich variety and diversity and in the reciprocal influences they exert on one another, all cultures form part of the common heritage belonging to all mankind". Following the orientations of the Universal Declaration of Human Rights, this document has a political approach as it sets general principles to be observed nationally and internationally by all its signatory member States.CHAPTER IV - The Convention Concerning the Protection of the World Cultural and Natural HeritageSince 1946, the concept of culture has shifted from the theoretical approach to a more political one based on the establishment of international binding instruments. The Convention Concerning the Protection of the World Cultural and Natural Heritage is a good example of one of these instruments. This Convention was adopted in 1972 and it aimed at "establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods" (Preamble). For its purposes, this convention adopted the term "cultural heritage" which is postulated in Article I as:monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science; groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science; sites: works of man or the combined works of nature and man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological point of view.The term cultural diversity is not mentioned in this document, neither is the term diversity. Regardless, this convention is an important international instrument, because it has taken a step further in the establishment of cultural policy. Rather than declaring general principles to be regarded by the signatory States, it established rules, procedures, a permanent Committee responsible for the maintenance of the activities enunciated within it. In short, it tackled one specific aspect of cultural policy and presented a complex set of rules and guidelines for its protection, thus establishing a relevant change in the role of UNESCO as a regulatory organization for cultural heritage.CHAPTER V- MONDIACULT - Mexico City Declaration on Cultural PoliciesThe MONDIACULT Conference, held in Mexico, in 1982, laid great stress on the strengthening of links between culture and development. Indeed, the Mexico Declaration on Cultural Policies contains a definition of "culture" and an explanation of its role, based on the transformations this concept suffered since the foundation of UNESCO. As stated in its preamble:that in its widest sense, culture may now be said to be the whole complex of distinctive spiritual, material, intellectual and emotional features that characterize a society or social group. It includes not only the arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions and beliefs;that it is culture that gives man the ability to reflect upon himself. It is culture that makes us specifically human, rational beings, endowed with a critical judgment and a sense of moral commitment. It is through culture that we discern values and make choices. It is through culture that man expresses himself, becomes aware of himself, recognizes his incompleteness, questions his own achievements, seeks untiringly for new meanings and creates works through which he transcends his limitations.The Mexico Declaration presented an up-dated approach on cultural policies, with special regard for the principles of international cultural co-operation. In fact, it brought up several topics that have been recognized as paramount in the UNESCO agenda since then, such as: (1) the inseparable link between cultural identity and cultural diversity; (2) the definition of cultural heritage including both tangible and intangible aspects of the works through which the creativity of that people finds expression; (3) the relevant link between culture and creativity; (4) the link between culture and development; (5) finally, the economic potential of cultural activities.Last but not least, in paragraph 53 the participants of the conference “appealed to UNESCO to continue and strengthen its work to increase cultural contacts between peoples and nations and continue its lofty mission of helping men, despite their diversity, to make the ancient dream of universal brotherhood true”.This declaration considered culture in its transversal aspect, considering its potential in humanizing development and in establishing a plural and equitable society; therefore it represented a turning point in the discussion of cultural diversity and in the treatment of this subject within the UNESCO framework.CHAPTER VI - The Universal Declaration on Cultural DiversityThe MONDIACULT Conference contributed for the discussion of the link between culture, democracy and development, which became very important issues for UNESCO. Following this event, other international forums were promoted to discuss these aspects of cultural diversity.The ongoing globalization process intensified by trade liberalization negotiations and technological innovations brought nations closer and diversified the relations amongst their peoples. Culture started to be considered as numerous, plural, diverse and cultural diversity began to be a present concept in the UNESCO reports and official documents, in a way in which diversity is recognized as an inseparable characteristic of culture.The international forum on "Culture and Democracy" that took place in Prague, in September 1991, explored "ways of building a new concept of citizenship, based on greater awareness and accountability, through developing the civic dimensions alongside the purely political aspects". Later, in 1996, the report by the World Commission on Culture and Development entitled "Our Creative Diversity" considered the part that cultures can play in the search for a global ethics. As pointed out at the Culture, Creativity and Markets report of 1998:the recognition of the multiple dimensions of globalization and internationalization - whether frontiers are dissolved, become more permeable yet continue to exist, or become encompassed in larger units (e.g regional blocks) or decentralized in smaller ones with increasing autonomy - is crucial today to an understanding of cultural processes and to the discussion of cultural diversity. (UNESCO. 1998b: 35)As cultural policy became more and more important worldwide, the UNESCO's approach on the subject of cultural diversity shifted steadily from observing, consulting member States and partners and publishing the World Reports on Culture to taking a political position that calls for action at national and international level. The first consequence of this shift was the adoption of the UNESCO Universal Declaration on Cultural Diversity, 2001 . As stated by the Director-General's Report:The UNESCO Universal Declaration on Cultural Diversity, called for by the Executive Board at its 160th session and adopted at the 31st session of the General Conference on 2 November 2001, has made it possible to strengthen UNESCO's role among its Member States at a time when globalization has brought the relations between culture and development to the forefront.The Universal Declaration on Cultural Diversity was the first international instrument dedicated exclusively to the subject of cultural diversity per se. It defines cultural diversity in line with the conclusions of the World Conference on Cultural Policies (MONDIACULT, Mexico City, 1982), of the World Commission on Culture and Development (Our Creative Diversity, 1995), and of the Intergovernmental Conference on Cultural Policies for Development (Stockholm, 1998). As stated at its preamble: "culture should be regarded as the set of distinctive spiritual, material, intellectual and emotional features of society or a social group, and that it encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs".Another important concept postulated in this declaration relates to the economic role of culture, regarded as a key to sustainable development. In its Article 10, it pointed out that "it is necessary to reinforce international cooperation and solidarity aimed at enabling all countries, especially developing countries and countries in transition, to establish cultural industries that are viable and competitive at national and international level". In this sense, the declaration tackled the economic aspect of culture to emphasize the necessity to guaranty equal conditions of competitiveness in the international market in the globalized world. For this reason, it stressed the strategic role played by cultural policy in the establishment of fairness and quality, as enunciated in Article 9:while ensuring the free circulation of ideas and works, cultural policies must create conditions conducive to the production and dissemination of diversified cultural goods and services through cultural industries that have the means to assert themselves at the local and global level. It is for each State, with due regard to its international obligations, to define its cultural policy and to implement it through the means it considers fit, whether by operational support or appropriate regulations.The Universal Declaration on Cultural Diversity constitutes a cornerstone in the evolution of the concept of culture within the international society, because it presented the most relevant aspects to be regarded in relation to the subject. It recognized the plurality of cultural expressions and their key role to peaceful coexistence, democracy, development and economy. It also represents a turning point in the treatment of the concept of cultural diversity as the first UNESCO official document dedicated exclusively to the subject.CHAPTER VII - The Convention for the Safeguarding of the Intangible Cultural HeritageOne of the consequences of the adoption of the Declaration of Cultural Diversity was the establishment of a legal instrument dedicated to safeguarding the intangible cultural heritage. Since 1982, the concept of “intangible cultural heritage” has entered the UNESCO sphere and became a landmark of its action in a way that the organization felt the necessity to create a specific body to be responsible for this specific cultural aspect.This Convention recognized the importance of the "intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development" (Preamble). The concept of cultural diversity enriched largely from the first concepts adopted by UNESCO, as it became more and more inclusive of the importance of the role of man in the development of society itself.The relevance of this convention rests in its political role while establishing normative guidelines for the protection of the intangible cultural heritage. Cultural diversity per se is acknowledged in the definition of the term “intangible cultural heritage”, in Article 2:The “intangible cultural heritage” means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.It should be pointed out that this document recognized the value of indigenous culture, as an important aspect of cultural diversity. As stated in its preamble: "communities, in particular indigenous communities, groups and, in some cases, individuals, in the production, safeguarding, maintenance and recreation of the intangible cultural heritage, thus helping to enrich cultural diversity and human creativity". This convention adopted an anthropological understanding of cultural identity and diversity with regard to human activity in general. Therefore, culture is understood “as an environment in which inspiration and human creativity can flourish a new each day, creating new areas for communication and the formation of identities” .CHAPTER VIII – The Convention on the Protection and Promotion of the Diversity of Cultural ExpressionsOne of the most relevant consequences of the debates regarding the subject of culture was the emergence of the discussion of its economic and commercial aspect addressed in trade forums as the World Trade Organization – WTO, Free Trade Agreement – FTA, etc. Culture became motive of disputes and disagreement in the negotiations forums for the liberalization of trade, especially regarding the audiovisual activities.The adoption of the Universal Declaration on Cultural Diversity intensified these disagreements, regarding that it relates to the economic potential of cultural activities and the principles postulated within it began to be addressed at different organizations, forums and centres, as we will better discuss in Section II. For this reason UNESCO organized the Meeting of Experts on Audiovisual Services in 2002, together with UNCTAD , with the purpose to discuss the need of cultural and audiovisual policies aimed at leveling the playing field and correcting the existing unbalances in the production and trade in cultural and audiovisual services. This meeting led to a sequence of discussions on the subject, which contributed to the elaboration and adoption of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions in 2005 .As its title indicates, this convention does not concern all the aspects of cultural diversity dealt within the Universal Declaration on Cultural Diversity, but only those particular ones that are the subject of its Articles 8 to 11 . This Convention primarily concerns the diversity of cultural expressions, cultural activities, goods and services. Its main goal is to create the right conditions for artistic creation, production, dissemination, distribution and enjoyment so as to make cultural expressions benefit all societies. Through its main objective, it establishes an innovative platform for international cultural cooperation.As for the conception of cultural diversity, this convention presented a detailed definition of several aspects of the phenomenon of culture, such as: diversity, content, expression, activities, services, goods, industries, policies and so on . It established important cultural policies relating to the economical aspect of cultural activity, in order to enable "countries, especially developing countries, to create and strengthen their means of cultural expression, including their cultural industries, whether nascent or established, at the local, national and international levels" (Article 2, paragraph 4). It pointed out that the protection, promotion and maintenance of cultural diversity is an essential requirement for sustainable development for the benefit of present and future generations. In fact, it emphasized in Article 2, paragraph 7, that “equitable access to a rich and diversified range of cultural expressions from all over the world and access of cultures to the means of expressions and dissemination constitute important elements for enhancing cultural diversity and encouraging mutual understanding”.In the globalized world whereas States collaborate to strengthen the free flow of ideas, goods and services, culture was recognized as an unique sector (for the economic approach) and a diverse phenomenon (for the political approach) that can´t be treated as any other subject of the national or international agenda.Given that globalization is often seen as an asymmetrical, unfair, homogenizing process, this convention was postulated as an international instrument for the safeguarding of cultural diversity, as expressed in Article 6 of the Universal Declaration on Cultural Diversity . This document is the first document in the history of international relations to determine guidelines preventing that the trade liberalization promoted by globalization obliterates cultural diversity.SECTION II – OTHER APPROACHES ON THE SUBJECT OF CULTURAL DIVERSITYAs culture is a transversal subject that has been theme of discussion and reflection in numerous national, regional and international centres as well as other intergovernmental organizations whose mandate is not primarily concerned with it, in this section will focus on the emergence of the subject of culture in other organizations within the United Nations Organization – UN framework, with special regard for the economic approach on the subject.We have identified two areas that have had great impact in the understanding of cultural diversity: human rights and economy. In the following chapters we’ll focus the analysis on the definitions stated in the legal instruments adopted by the UN organization and other relevant official documents, such as: 1. Universal Declaration of Human Rights, 1948;2. Meeting of experts on audiovisual services: improving the participation of developing countries, Geneva, 2002;3. UNCTAD XI, 2004;4. International Forum on "Shaping the International Centre for Creative Industries”, Brazil, 2005; and5. UNCTAD XII, 2008.In order to better present this discussion, this section has been divided in three chapters: Culture as Human Right, Cultural Diversity and Trade and UNCTAD and the Concept of Creative Industries.CHAPTER I – Culture as a Human RightAn important aspect of the evolution of international relations regarding the subject of "cultural diversity" relates to the Universal Declaration of Human Rights, 1948. Piovesan states that this Declaration resulted from "the need of reconstruction of the human rights’ value, like a paradigm and ethical referential to orient the international order" (2003: 39). The Article 22 of the declaration postulates that:everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.For the first time, culture was presented as a human right therefore an indispensable right to be regarded by any State or institution. Furthermore, it declared that "everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits" and that "everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" (Article 27, paras. 1 and 2).This declaration represented a turning point in the treatment of culture as a subject of international relations. From this moment on, culture started being treated in terms of cultural policy with special regard to the principles postulated in the Declaration of Human Rights.In the next chapter, we’ll discuss – what we boldly enunciate as the most relevant and contradictory turn in the approach on the subject of culture, since 1948. Almost 40 years after culture was recognized as a human right, another relevant aspect of the dynamics of culture came up. For the first time, culture was recognized as a sector of economic activity.CHAPTER II – Cultural Diversity and TradeThe first time the subject of culture was addressed as an economic activity dates back to 1987 when Canada retained the right to protect its cultural industries, during the negotiations of the Free Trade Agreement (FTA) . A similar approach was introduced by France in the General Agreement on Tariffs and Trade (GATT) negotiations in 1993, when France pointed out that: “La culture n’est pas une merchandise comme les autres” . The French episode became known as the “cultural exception” doctrine, according to which no engagements are to be made for cultural and, in particular, audiovisual services and when required, exceptions to the agreement be made.Since then, France and Canada tried to promote further explanatory work about the link between culture and economy together with other countries and organizations. But it was only in June 1999 that a Symposium of Experts on Culture, the Market and Globalization was organized by UNESCO with the support of both countries . From this meeting came the idea that it would be particularly desirable to highlight the centrality of the concept of “cultural diversity” and to explore its bearing on goods and services, sector by sector and region by region.It should be pointed out that the same year that the Universal Declaration on Cultural Diversity was approved at UNESCO’s General Conference, also, other forums and NGOs started from their own ideas, developing different prototypes for instruments on this subject as well. In this context, the involvement of different institutions in the discussion and promotion of cultural diversity led UNESCO to seek to associate public authorities, the private and professional sectors and civil society in, both industrialized and developing countries to implement sustainable projects in the creative industry sector (books, publishing, cinema, music, the audiovisual in general and crafts). As a result the Global Alliance for Cultural Diversity was created.Following these events, the Meeting of Experts on Audiovisual Services was organized by UNCTAD with the co-operation of UNESCO, in order to discuss the economic aspect of cultural activities relating to the audiovisual sector. As a result of this meeting, the experts suggested the adoption of global rules of the game that take into account the basic principles of fair trade as it relates to access, diversity and the competition of products. Given the nature of the cultural, social, financial and economic challenges, the experts meeting recognized the clear need for cultural and audiovisual policies aimed at leveling the playing field and correcting the existing unbalances in the production and trade in cultural and audiovisual services. They recommend that cultural policies and sectoral policies of support for cultural industries in particular to use tools of intervention that traditionally belong to commercial policies. This was the first step towards the elaboration of the Convention on the Protection and Promotion of the Cultural Diversity Expressions.CHAPTER III – UNCTAD and the concept of Creative IndustriesIn 2003, creative industries were estimated to account for more than 7 per cent of the world’s gross domestic product (GDP) with a growth average rate by 10 per cent yearly . This numbers intensified the interest of countries on the subject of culture, some for its economic potential, others for the necessity to protect and promote cultural diversity.The term “creative industries” was first used in Australia in 1994 and later by United Kingdom in 1997, whose definition widened the scope of cultural industries beyond arts, and considering some economic activities that were previously regarded as non-economic activity . At UNCTAD XI in 2004, the topic of creative industries was introduced for the first time into this organization’s agenda, on the basis of recommendations made by the Secretary-General’s High-Level Panel on Creative Industries and Development . In fact, the UNCTAD XI Session discussed policy strategies, multilateral processes, national experiences, assessment tools and areas for international cooperation aimed at enhancing creative capacities in developing countries. Despite the fact that UNESCO is the only UN organization with mandate for culture and, thus, creativity, the panel recognized that UNCTAD’s work in the area of the creative economy and the creative industries should be pursued and enhanced; also in this session, it was agreed to establish an International Observatory on Creative Industries for Development that would fulfill this specific need on behalf of developing countries. The proposed functions of the IOCID include, inter alia:• Collecting and standardizing national and international statistics that would provide a basis for policy analysis • Formulating, implementing and monitoring appropriate policy depends upon a professional partnership of the public authorities and industry • Highlighting the role of creative industries in policy, cultural and economic terms • Acting as a professional partnership between public authorities and industry • Providing a sound basis for decision making • Information exchange, sharing of best practices, networking and coordinationAfter the UNCTAD XI the International Forum on "Shaping the International Centre for Creative Industries” was organized in Brazil/ 2005 , to discuss the scope, modalities of operation, financing, organizational structure and partnerships for International Centre for Creative Industries (ICCI, former IOCID). This same year the Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted by the 33rd General Conference of UNESCO. It is clear that culture was a subject of the international agenda in different spheres. Besides, it’s important to stress the duplicity of conceptualizations of culture as a sector of economy. While UNESCO refers to cultural industries as industries producing and distributing cultural goods and services; UNCTAD adopted the term creative industries that accounts for the UNESCO’s definition of cultural industries and other activities that relates to intellectual capital input, as we’ll discuss further ahead. In addition to this, it should be pointed out that instead of demanding UNESCO to provide the necessary means to achieve the data collection mentioned in the UNCTAD’s panel, this institution created a different body for this specific purpose.The conceptualization of the term which defines the sector of economic activity relating to cultural goods and services, as stressed before, is very diverse and at times contradictory. Based on this fact, in 2008, UNCTAD XII Session discussed the concept of creative industries and economy. As stated in this document:there is still no unique definition for this new phenomenon, or consensus about the subsectors that are involved. In many cases, the terms cultural and creative industries are used interchangeably. Independently of the terminology used, a shared understanding of the main characteristics and interactions behind their functioning can help provide a basis for international comparative analysis and a contribution to evidence-based policymaking.In UNCTAD’s view, the term “creative industry” means the cycle of creation, production and distribution of goods and services that uses intellectual capital as primary input. Therefore, creative industries create tangible goods or intangible services with creative content, economic value and market objectives. Although it can be argued that this concept relates to that stated by the UNESCO’s 2005 Convention, the terms cultural and creative industries are not considered similar. According to UNCTAD, the concept of the creative economy reflects a multi-disciplinary approach that integrates culture, economics and technology. The main characteristics of the creative economy include the following:(a) It is an evolving concept based on creative assets potentially generating economic growth and development; (b) It can foster income generation, job creation and export earnings while promoting social inclusion, cultural diversity and human development; (c) It embraces economic, cultural and social aspects interacting with technology and tourism objectives; (d) It is a set of knowledge-based activities with cross-cutting linkages at macro and micro levels to the overall economy, therefore with a development dimension; (e) It is part of a development option calling for innovative multidisciplinary policy responses and inter-ministerial action; and (f) At the heart of the creative economy are the creative industries.The definition of cultural economy, creative economy, creative industries and cultural industries or cultural goods and services in this organization’s view are very distinct. Regarding that in trade negotiation forums the cultural economic sector is very much defined , it becomes a difficult task for States to choose which term is more appropriate to each context. Especially because the divergence between the concept of the cultural and creative industries are not merely semantics, there is a lack of data about the activities of this sector as well.Since UNCTAD XI, the secretariat has promoted a number of international and national policy actions in the area of creative industries and creative economy. It has been playing a leading role in building synergies among the United Nations organizations, with a view to exploring complementarities, undertaking joint technical projects and promoting more effectively coherent international actions in this area.UNCTAD recognizes that "creative industries fall directly into the heart of this organization’s mandate" . Besides it recognizes that the issue of definition of creative industries is not just a question of semantics, but the precise identification of which goods and services should be included in each segment of the creative industries, despite the definition given by UNESCO in the Convention on the Protection and Promotion of Cultural Diversity Expressions.CONSIDERATIONS.The lack of a single concept of cultural diversity, better yet, the diversity of concepts of the term is the biggest obstacle in determining the most significant international instruments on the subject. As culture began to be treated as an international and political issue, it gained different roles and definitions. As stressed in this paper, cultural diversity has shifted from a theoretical and static approach to a broad anthropological concept that puts culture in the center of the concerns of modern society. Culture is a key element for development, for the construction of an equitable, democratic and ethical society.Regarding that this paper aimed at presenting an analysis on the conceptualization of cultural diversity within the UNESCO forum, we recognize the Universal Declaration on Cultural Diversity as the international instrument that better presented the definition of this subject. Regardless, it’s important to point out that this document is not widely recognized in the international society which makes it difficult to well establish its definition as the one that rules in the international scenario. There is no definition of culture or cultural diversity so well established as to be recognized the same in each and every sphere it is treated. In fact, in this paper we tried to emphasize the contradictions that emerged on the approach of this subject as soon as it started to be regarded as a sector of economic activity.In terms of cultural policy, UNESCO has made great advances in elaborating and adopting binding and non-binding instruments for the protection and safeguarding of culture. Nevertheless, it was only when culture became a subject of commercial and economic disputes that cultural diversity was recognized as an important aspect to be regarded worldwide. We boldly state that this emergence of the cultural diversity as a vital subject of the international agenda was due to the fact that States felt the need to protect their economic cultural sector from the homogenizing globalization and industrialization process. It should be pointed out that when it comes to trade and commercial treatments, each institution wants to redefine cultural activities in order to better fit its own purposes, as we have seen in the discussion about creative industries.For this reason, we stress that in order to establish a definition of cultural diversity or its role, it is better to understand how nationally or locally it has been recognized, protected and promoted by individuals and communities than to search for it internationally. We, also, emphasize the necessity to take a better look over the notions the cultural sector itself and civil society adopt as definition and reliable instruments for the treatment of cultural diversity.Rather than establish international experts’ forums amongst States, it’s necessary to promote the debate in local, regional, national and international level in order to give voice to all parts involved in this discussion and to better present instruments that reflect a harmonious and effective system for the protection and promotion of cultural diversity.In this sense, this paper stresses the necessity to take a step back in the discussion of cultural diversity from the political and economical approach and go back to the understanding of the sociological dynamics of this important aspect of human manifestation.REFERENCESAcheson, Keith; Maule, Christopher. 1999. Much Ado About Culture: North American Trade Disputes. Studies in International Economics. University of Michigan Press, US. 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