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The growing debate about cultural entitlement has been brought to a sharp focus by Scotland?s Culture Commission. Claire Downs of the Convention of Scottish Local Authorities (COSLA) argues that in order to place cultural rights at the heart of Scottish society, change is necessary.
In 2002, the United Nations published a resolution recognising that ?cultural rights are an integral part of human rights?. The Forum of Local Authorities for Social Inclusion two years later reinforced this view in Agenda 21 for Culture. In essence, both bodies recognised that cultural diversity and cultural citizenship are key to the sustainable development of healthy communities and the growth of personal creativity. COSLA?s response to the Culture Commission described how Scotland might reach these important goals and why the status quo will not allow us to do so. It outlines the structural changes and re-alignments that would increase accountability and reduce duplication. Above all, it argues that putting creativity centre stage within cultural development will help shape the contours and drive the success of a modern nation.

The Cultural Commission provides us with both unique opportunities, and important challenges. We now have the opportunity to affirm a broader and more inclusive definition of culture within the context of opportunities for all Scots and their communities. Within such an agenda, museums, galleries and libraries can have a new synergy with contemporary art forms. Sport, heritage and parks along with community and commercially driven cultural activities can be woven into a tapestry where the breadth of activities engages a far wider audience.

Local authority provision

At over £500m a year, collectively local authorities remain by far the largest investors in cultural and leisure services. As the National Cultural Strategy noted, ?Local authorities are responsible for the majority of public support for cultural provision and access.? However, it is not just a matter of raw resources. In the last decade, local authorities have also been at the forefront of policy development in a bid to serve a wider public interest. This journey has led local authorities to challenge narrow definitions of art and culture as they sought to increase access. It has brought an increased role for the voluntary sector, and encouraged new ?in-house? partnerships between sectors like health, education and economic development. This has helped embed cultural thinking and perspectives in all departments as they formulate their corporate plans and objectives securing the place of cultural services with national and local social, education and regeneration strategies. The overarching aim has been to nurture personal confidence and grow pride in local traditions, achievements and abilities. For example, the creation by Fife and Highland respectively of traditional and Gaelic arts officers led not just to fresh confidence in indigenous culture but often new developments and employment opportunities. It is easy to underestimate the extent to which local authority support can and does make an impact. The remit includes: arts and sports education and activities in and out of school, and for young people and adults through community learning and development. It also embraces libraries, museums and galleries, theatres and arts venues, public halls and community centres, cultural events, work to promote and develop the arts, leisure facilities, sports development, parks and public open space, and financial support to independent cultural and sporting organisations and talented individuals.

At present, we have a proliferation of organisations and funding structures, which could be perceived as encouraging complexity, bureaucracy and duplication. Some are at arm?s-length like the Scottish Arts Council (SAC) Scottish Natural Heritage, some are part of Scottish Executive departments like Historic Scotland. The Scottish Museums Council is a membership organisation that has an Executive grant, as does the Scottish Libraries and Information Council. The Heritage Lottery Fund is a sub-committee of the UK parent body. The National Galleries, Museums and Libraries receive direct funding from the Executive, but have separate boards. Meanwhile the national performing arts companies, who also have individual boards, are funded through SAC. Their grants take up almost three-quarters of the SAC budget. Funding of film is undertaken both by Scottish Enterprise and by Scottish Screen. Some 90 arts organisations receive both SAC funding in respect of their national remit, and, in many cases, local authority funding. Are you following? It is easy to understand the confusion of the public and the frustration of the artist!

The way forward

The cornerstones of our recommendations are the establishment of a series of cultural rights and entitlements and the strengthening of democratic accountability. But, the establishment of such rights will not, of itself, automatically widen access to culture, promote creativity or nurture talent in line with the Scottish Executive?s aims. We will also need concerted action by central and local government and the organisations involved in the cultural sector, and a brand of cultural leadership, at once innovative and visionary, which engages with issues across the broader cultural landscape. These leaders will come not just from the ranks of the major institutions, but from artists themselves, from the private and public sectors, and within the ranks of community activists.

We believe the UN resolution on cultural rights and its endorsement by the Forum of Local Authorities for Social Inclusion in Agenda 21 for Culture offer an important launching pad for establishing cultural rights in Scotland. Their commitment to defending the rights of all citizens to culture, and to promote the expression of cultural identity, as a basic dimension of human dignity and social inclusion is one which we should strive to replicate. However, what do we mean by the term ?cultural rights??

We propose that every citizen in Scotland should have:

? the right to explore, express and extend cultural identity
? the right to experience the diversity of Scotland?s cultures and those of other cultures
? the right to develop cultural talents and interests
? the right to fulfil their creative potential through participation, and the development of their talent
? the right to literacies
? the right to education ensuring essential reading, writing numerical and IT skills
? the right to health and wellbeing
? the right to a general sense of health and wellbeing through participation in cultural, recreational and social activities
? the right to an environment offering local distinctiveness, variety and beauty which protects local cultural heritage and public spaces
? the right to help shape and design cultural policy and provisions
? the opportunity of helping to determine local cultural policies and provision.

We propose a National Culture Bill to enshrine these rights in statute. But we wish to be clear, these broad ambitions are not meant to be a straight jacket and should allow local authorities and their partners to interpret these in a tailored fashion, sensitive to the particular needs and aspirations of their local communities. We are unlikely to be given another such opportunity for a radical and robust re-drawing of the cultural map of Scotland. We are unlikely to be forgiven if we squander it.

Claire Downs leads on cultural policy for COSLA, the umbrella organisation for Scottish local government. e: claire@cosla.gov.uk