Debate on the Culture Law

Ministerio de Cultura,
09 December 2009, Ecuador

Assembly members from different legislative groups defended the intercultural, plurinational and multiethnic character of the Ecuadorian State, which should be strengthened and developed by the Organic Law for Culture dealt with at first debate in plenary.

Among the main remarks of this 20th session, that which should be highlighted is the call to strengthen constitutional rules relating to Ecuadorian children’s rights and contemporary identities, to include in them children and youth from the art institutes and conservatories, in order to support their artistic talents, and create incentives to lower tax costs when buying musical instruments,

Regarding the Ecuadorian Culture House (Casa de la Cultura) “Benjamín Carrión”, there were differing criteria regarding its legal structure. Some think it should not be attached to the Ministry of Culture and, therefore, be financially and administratively autonomous. Others think that its autonomy should be guaranteed, but that it should present acquittals.

There were other voices justifying its organic character, not only because it creates institutions and organisms related to cultural activities, but also because it develops the constitutional rights of citizens, communities, peoples and nationalities that live together in Ecuador.

The importance of culture funding at all the levels of cultural administration was also emphasized. It enables national artists to promote its production nationally and internationally.

The bill, which contains 81 articles, three general regulations, two transitory regulations and eight abolished regulations, is based on the principles of cultural autonomy; promotion of interculturalism; social participation; complementarity; culture’s contribution to sustainable development; prioritisation of independent creation and cultural industries; openness, integration, reciprocity and cooperation, as well as affirmative action to improve conditions of access and the exercise cultural and collective rights.

The bill asserts that cultural rights are inherent to human dignity, are part of fundamental rights and should be interpreted according to the principles of universality, indivisibility and interdependence. Among the central rights are the right to cultural identity, to creative freedom, to the exercise of cultural and artistic activities, to social memory and cultural heritage, to ancestral knowledge and ritual ceremonies, to participation, public space and decentralised public planning, to joint management, and to reparation in case rights are violated.

According to the document, cultural policies’ objective will be to guarantee the exercise of cultural rights and the development of constitutional principles necessary for ‘sumak kawsay’ or good living. The State, through the Ministry of Culture, the institutes and other organizations of the culture system will define funding to promote arts, crafts, and culture – their research and strengthening. Funding allocation will be determined by these priorities: people with disabilities; children and youth; senior citizens; communities; peoples and nationalities; artisans; organizations of/for women, and other social agents that have not had access to cultural activities promoted by the State. 

These policies will be directed towards the affirmation of an intercultural and plurinational State, as well as to promote respect and visibility of the different identities that make up the nation.

Thus, these nationalities and peoples are acknowledged as subjects and actors of the country’s culture: in the coasts, Awá, Chachi, Épera, Tsáchila y Manta Huancavilca; in the highlands, Karanki, Natabuela, Otavalo, Imantag, Kayambi, Angochawa, Cotacachi, Cochaski, Kitu Kara, Panzaleo, Chibuleo, Salasaka, Tisaleo, Kisapincha, Pilawi, Tomabela, Waranka, Cacha, Chambu, Lictu, Calpi, Colta, Sicalpa, Columbe, Galti, Tikisambi, Achupallas, Kañari y Saraguru.

In the Amazonia, Cofán, Secoya, Siona, Huaorani, Shiwiar, Záparo, Achuar, Shuar, and Kichua from the Amazonia. The Afroecuadorean and Montubio people in the coast and subtropic of the country and the people of mixed race nationally. The cultural rights of peoples and nationalities that may fulfil their redefinition and reconstitution process in the future will also be taken into account.

The remarks made by the Assembly members will be sent to the Occasional Culture Commission for further analysis, processing and systematisation during the next 45 days. As a result, a report will be written for the second debate.

EG-JLVN

http://www.ministeriodecultura.gov.ec/ley-organica-de-las-culturas/871-defensa-de-principios-de-interculturalidad-y-plurinacionalidad-marcaron-el-debate-de-la-ley-de-culturas.html