Conversation with Experts

·               Cultural Heritage: What do you intend to do to prevent cultural heritage processes from generating internal and/or international conflicts, and to promote their implementation among citizens and indigenous communities? In this regard, we have cited examples of mistakes that have been made in this field, mistakes that have generated conflict because of cultural heritage declarations that have been made without the backing of proper research (documentation and cataloguing) or consultation. To what extent could documentation and registration be used to portray what cultures are, so that what is being done with cultural policies could be properly sustained?

·               Research: The participants consider that participatory research and “self-research” can be alternatives to avoid conflicts such as the ones previously mentioned. However, there seems to be a lack of resources (human and economic) to generate studies of this kind. What will be done to promote this kind of work? What special considerations are in place for the research and registry of cultural expressions that may be considered secret or sacred?

·               Dissemination: What will be done to increase the proper, fair, and equitable dissemination of national cultural productions in the media?

·               Plans and departmental cultural polices: Given that the hope is to create departmental cultural plans around the country, to what extent is the central government willing to be a part of the formulation and implementation of these departmental plans?

How do you intend to fulfil commitments made to indigenous peoples? Are you ready to guarantee the consultation process? When do you intend to approve the country’s laws on cultures and heritage?

Angel Yandura Aramayo, Sharoll Fernández and Iván Nogales - Photo credit: Phoebe Smolin

 ·              In the National Intellectual Property Service and the Ministry of Cultures, what registration policies currently exist for indigenous cultures? How do policies differ between these two entities?

·              Society tends to consider cultural heritage as a synonym for property. What is your opinion on this issue? What do you intend to do to address the confusions that result from this erroneous interpretation? 

·               How are you working with indigenous cultures? How do you identify and register indigenous music? How are royalties distributed in these cases?

·               It was noted that when producers used to deal directly with national authors, the latter reaped more royalty benefits than they do now under representation by SOBODAYCOM. How can we improve the distribution of royalties among national authors today?

·               Participants expressed concern that the law, as carried out by collective management societies, is satisfying neither peoples’ needs nor their expectations of recognition. Would SENAPI and SOBODAYCOM be in a position to allow the implementation of alternative licenses, like Creative Commons or other alternative proposals for recognition in this field?

·               Considering that we are living under a state of a transitional and participatory democracy, one that recognizes the plurinational character of the country, would SENAPI and SOBODAYCOM be willing to participate in the redefinition of their policies so as to bring them more in line with this historical moment? Do you feel you are part of this cultural revolution?

·               Given that the current government is committed to adjusting international regulations and agreements to the new Constitution, what proposals have been generated to date on the topics of recognition and cultural heritage? What progress has been made?

·               As Bolivia is now a plurinational state, how do you intend to address international agreements and treaties related to intellectual property and heritage? What criteria is the State taking into account as it readjusts the regulations on intellectual property and cultural heritage to the new Constitution?