Thailand and its Accession to The 2005 UNESCO Convention on The Protection and Promotion of The Diversity of Cultural Expressions

Abstract

This study aims to examine the legal readiness of Thailand in becoming a party of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Additionally, Thailand has shown its political intention to become the party of the Convention since 20 October 2005. The study has found that Thailand’s legal readiness could accommodate some of its obligations under the Convention. Nonetheless, the Convention is flexible and grants relatively high sovereign rights to state parties. Consequently, this reflects the need for Thailand to consider the implementation of its national laws so as to effectively protect and promote the diversity of cultural expressions as well as consider the pros and cons for Thailand as a party in the Convention, which are as follows: 1. The improvement of laws that give clear and comprehensive definitions to relevant legal terms such as the diversity of cultural expressions and cultural goods and services, 2. The improvement or implementation of the national laws on relevant and important issues, namely in cultural areas by comprehensive inclusion of the diversity of cultural expressions that could link to trades, 3. For trade and intellectual property areas, the amendment of laws to enhance the emergence of new entrepreneurs and SMEs who produce cultural goods and services, including business operators in the cultural and creative industries, 4. For the mass media and digital environment, the improvement of laws related to traditional and modern media production by reducing restrictions and monopolies in media production and rights, 5. For rights and equality areas, the improvement of legal mechanisms to eliminate discrimination or minimize the impact of such actions, and 6. The recommendation that Thailand should particularly consider legislating the Protection and Promotion of the Diversity of Cultural Expressions that must cover the relevant issues mentioned above.